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IN

DEMOCRACY

AMERICA.

BY

ALEXIS
MEMBER

OF

DE

THE

TOCQUEVILLE,

INSTITUTE

OF

DEPUTIES,

OF

TRANSLATED

WITH

AN

BY

ORIGINAL

ETC.,

HENRY

C.

AT

FROM

TWO

NEW
"

H.

G.

EIGHTH

PARIS

EDITION.

VOLUMES.

I.

C.C.

CHATHAM

57

THOMAS,
BOSTON:"

BY

YORK:

LANG-LEY,

PHILADELPHIA:"

NOTES

LA.W

THE

VOL.

J.

AND

EDITION,

CORRECTED

IN

ESQ.

SPENCER,

FOURTH
AND

CHAMBER

THE

ETC.

RACE

COUNSELLOR

REVISED

OF

REEVE,

PRE

JOHN

AND

FRANCE,

COWPERTHWAITE,
LITTLE

1841.

"fc J.BROWN.

STREET.
"

CO.

Entered,

according
By

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REDFIELD

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Act

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CHAMBERS

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influence

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and

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cipations
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people.
spots,
hand.

TABLE

CONTENTS.

OF

Page
Preface

iii

Editor

American

the

by

...

"

Introduction

CHAPTER
form

Exterior

of

North

I.
17

America

CHAPTER

Origin

of

and

Anglo-Americans,

the

its

II.
in

Relation

and

Customs

Importance

to

their

future

the

Anglo-

26

Condition
of

Reasons

Anomalies

certain

Americans

which

the

Laws

44

present
CHAPTER

Social

of

Condition

essential

is its
Political

III.

Anglo-Americans

the

of

Characteristic

striking

The

47
social

the

of

------..

social

the

of

Principle

the

of

Sovereignty

of

Condition

of

examining

the

People

the

of

Condition

the

55

Anglo-Americans

IV.

in

CHAPTER

Necessity

cans
Anglo-Ameri-

the

47

Democracy

Consequences

of

Condition

CHAPTER

The

of

57

America

...

V.
the

States

before

of

that

the

Union

at

60

large
The

American

of

Limits

the

Public

of

The

the

Of

Remarks

on

--

of

the

United

States

81
...

85
of

Power

executive

the
of

Power

Effects

of

the

86

State
the

87

State

of

System

local

CHAPTER

Other

72

........

State

Political

Judicial

....

....-71

Administration

the

68

England

New

England

New

66

-"

of

England

New
in

Legislative
The

63

England

in New

Townships

the

of

Counties

the

Township

of

Administration
General

61

Bodies

municipal

63

Township

the

Spirit

and

Townships

Townships

of

Authorities
Existence

of

System

Power
Powers

the

United

granted

States,
to

the

and

American

in

Administration

the

United

States

88

VI.

its

Influence

Judges

on

politicalSociety

101
.

107
.....

XIV

Page
VII.

CHAPTER

Political Jurisdiction

109

States

in the United

CHAPTER
The

federal

Constitution

History of

of the

Summary

Prerogative of
Federal

115

Constitution

117

Constitution

federal

federal

the

....115

....

federal

the

VIII.

119

Government

Powers

121

.-

121

Legislative Powers
Diiference

farther

A
The

executive

Differences
of

that

the

and

Senate

of

House

Representatives

which

Causes

King of

and

States

126

France

of the

Influence

the

increase

may

of the United

President

of the

Position

the

constitutional

Accidental

executive

ernment
Gov130

^
Why
the

of the

President

the

of the

Election

United

in Order

Houses

two

to

does

States
on

carry

the

require

not

Majority of

the

Government

131

132

President

Mode

of Election

137

Crisis

of the

140

Election

Re-election
Federal

of

145

determining

or

Different

of the

High Rank
what

federal

of the

148

in

System

of

that

superior to

federal

federal

all other

federal

is

Constitution

of

Constitution

Constitutions

General, and

the

159

States

166

specialUtilityin

America

169

the

Why

federal

Americans

System

is not

enabled

were

to

adapted

to

all

People

be
strictly

may

said

to

in

the United
of the

Remains

the Press

in the United

govern

aristocratic

Party

in the United

United

States

Democracy

i94

.......

XII.
204

.......

XIII.

in America

...

213

...

213

People,and

Causes

which

may

to

191

...

Suffrage

of the

Public

States

which

186

XI.

States

in the United

Choice

Influence

184

"

in the

CHAPTER
of the

States

Political Associations

Universal

States

X.

CHAPTER

Government

Anglo-

the

IX.

CHAPTER

Liberty of

how

177

CHAPTER
Parties

Peoples, and

it

adopt

CHAPTER
the

161

United

the
-

its

156

of the State

the great Powers

among

distinguish the
from

of the

150
-

Courts

federal

the

which

of America

States

Courts

Courts

supreme

Respects

Characteristics

Advantages

of the federal

Jurisdiction

the

of Jurisdiction

Cases

Procedure

In

141

President

the

Courts

Means

Why

124
124

Power

between
a

the

between

instinctive Preferences

partlycorrect

the

American

the Tendencies

Democracy

has

of the American
of the
exercised

Democracy

Democracy
on

217

ting
rela-

the Laws

Elections

Officers under

214

221
the control

of the

Democracy

in America

"

222

XV

Page

of

ArbitraryPower
Instabilityof

the

levied

Charges

Magistrates under

the

by

of the

Tendencies

in the

Administration
under

State

American

the

rule of the American

the

United

States

rule of the

Democracy

as

Democracy

American

Democracy
Salaries

the

regards

of

230

public

Officers

234

of distinguishingthe
Difficulty
the

American

Whether

contribute

which

Causes

the

to

of

Economy

Government

237

of the

Expenditure

the

United

States

be

can

compared

to

that of

France

238
vices

Corruption and

of

Rulers

the

in

Efforts

of which

Self-control

Effects

consequent

243
is

Democracy

of the

capable

245
249

American

Democracy
of foreign Affairs,by the American

Conduct

Democracy

CHAPTER
real

the

Advantages

of the

ernment

General
and

of

the

Rights

Respect

for the

Activity

which

those

the

who

apply

them

of the

unlimited
of

Rule

Effects

of

of
Power

the

265

.......

270

XV.

States, and

Majority increases

in

politicin the United

Body

Society

upon

268

....

of the

United

the

of the

Democracy

its

in

the

275

Consequences

America,

bility
Insta278

by

2S0

of the

Power

American

of the

cy,
Democra-

Majority

exercised

Effects

American

257

Branches

the

Majority in
Power

unlimited

the

of the

States

it exercises

which

Legislation inherent

of the

Tyranny

Gov-

262

States

United

in the

pervades all

Power
the

the

States

United

in the

Law

under

CHAPTER

Unlimited

from

Society derives

American

Laws

United

; Influence

States

XIV.

257

of the
of

Habits

Spirit in

Notion

which

are

251

...

Democracy

Tendency

Public

How

and

Democracy,

public Morality

upon

What

Majority upon

283

Majority
Majority upon
in America

public Opinion

upon

of the

Tyranny

ity
arbitraryAuthor-

Officers

public
the

the

the national

2S4

of the

Character

Americans
The

287

of the

Dangers

greatest

of the

Power

Republics proceed

American

which

Absence
The

central

Profession

of

the

Majority in

Administration

of the

in the United

Law

the United

States

295

States

to

serves

Counterpoise

the
297

in the United

States

considered

CHAPTER
which

tend

to

maintain

as

307

Institution
political

XVII.
the

democratic

Republic

in the

United

States

315

Accidental
the

295

_...-

by Jury

Principal Causes

ited
unlim-

XVI.

Democracy
Trial

the

292

Mitigate the Tyranny


of

from

Majority
CHAPTER

Causes

225
22S

....

providential

or

democratic

Influence
in the
Influence

of

the

United

Republic
Laws

in the
the

which
United

contribute

to

the

Maintenance

of
316

States

Maintenance

of the

democratic

Republic

States

of Manners

the United

upon

Causes

States

326

upon
....

the Maintenance

of the democratic

Republic

in
327

XVI

Page
considered

Religion
the

to

as

Indirect

political

Maintenance

of

Influence

of

Institution,

democratic

the

religious

powerfully

which

Republic

Opinions

the

among

political

upon

Contributes
Americans
in

Society

328

the

United

States

331
,

Principal

render

which

Causes

powerful

Religion

in

America

386
-

the

How

the

promote
The

the

than

and

other

what

of

Territory
The

of

which

black

the

Presence

of

Republic

the

and

Country,

democratic

maintain

to

tions
Institu353

America
with

future

the

to

respect

of

State

356

Europe

XVIII.

of

Condition

the

three

Inhabit

which

Races

361

States

future

probable

Territory

its

348

are

United

and

of

Situation

343

democratic

the

Circumstances

sufficient

beside

precedes

the

present
the

icans,
Amer-

Laws

Manners

probable

and

present
the

the

Institutions

Maintenance

CHAPTER

The

of

Experience

democratic

physical

the

Countries

of

Importance

the

than

more

Laws
in

their

the

to

more

States

Manners

Whether

practical

the

United

the

and

of

Success

contribute

Laws
in

Habits,

the

Instruction,

possessed

Condition

by

the

Indian

the

in

habit
In-

which

Tribes

367

Union
....

Population
threatens

of

United

the

and

States,

Dangers

with
386

Whites

the

......

What

are

and
Of

what

Chances

Dangers

republican

the

of

the

Duration

Reflections

in

of

favour

threaten

of

Duration

the

the

Union,

American

413

it

of

Institutions

the

United

and

States,

their

what

Chances
450

are

on

the

Causes

of

the

commercial

Prosperity

of

the

United
457

States
....

Conclusion

Appendix

465
*

.....

475

the

uniform,

most

which
Let

is to be

recollect

us

the

when

ago,

families,who

sole

began

to

the poor

serf,must

as

priestin
of

by

the

While

the
and

lower

orders

exact

time

equalitypenetrated
the

being who,
his

place
the

more

began

to

opened

the

order

influence
political

tribunals

the

the

monarch,

their mail.

their great

by

prises,
enter-

by private wars,

resources

road

new

and

and

by

perceptiblein
a

more

of

court

in their ermine

be

and

obscurityof
the

at

appear

and

stable

felt;

was

enriching themselves

station of

spread of

the

the

became
and

to

the

complicated

more

civil laws

exhausting their

for literature and

the

affairs.

state

and

to power,

in which

The

commerce.

he

man

proportionin
the

in 1270
the

eleventh
it

thirteenth
;

which

might

at

was

The
cier
finan-

the

once

and

ing
increas-

the

the
new

part in

aristocracyitself.

to

affairs of the

privilegesof birth, decreased


struck

paths were

purchased ;

equalitywas

the

thus

it

was

talent ;

to

success

led
government, intelligence

century nobilitywas
be

of

art, opened chances

of letters took
to

acquirements,and

mental

of

means

attached

value

by

lord ;

classes,

despised.

and

In
the

all

unfrequentlyabove

not

ruining themselves

were

of business

to

taste

The

the

was

founded,

to

church, and

the

from

rose

barons

were

money

Gradually

power,

property

its ranks

the

became

men

of

soon

nobles

the

transactions

flattered

of

want

feudal

kings

of

rose

and

nobles, and

dusty chambers,

side of the

science

only means

clergy was

societygradually became

as

Thence

their

influence

of

relations

legal functionaries

the

heritance
family in-

the

vegetated in perpetualbondage, took


midst

the

different

the

habitants
in-

kings.

civilized.

and

through

government

numerous,

of

of

number

the

landed

of the

villain

rich,the

have

more

with

forjce was

and

years

rulers of the

the

descended

itself;the clergyopened

the

and

as

The

man

small

of the soil and

on

hundred

seven

among

political
power

the

exert

into the

heads

divided

owners

act

dency
ten-

permanent

of power.

Soon, however,

to

France

of

generationto generation;
could

host

history.

right of governing

man

source

and

in

situation

the

were

from
which

found
the

the

ancient, and

most

territorywas

; the

by

the

out

to

beyond

all

conferred

introduced

into

social
state

in the

ment.
advance-

price;

in

for the first


the

ment
govern-

the

In

of these

course

that, in order
the

of their rivals,the nobles

power

In

France

most

no

when

were

they
others

pains to

raise the

people to

land

as

was

every

the

universal

From

throne

in its turn

which

Providence

of

the

memory,

and

In
a

and

not

turned

power,
facture,
manu-

forward
Hence-

it

well

ed,
engender-

love
as

ard
tow-

step

of

the

war,

deepest

the poor

and

pages

to

the

impossiblenot

truth, and

to

turned

to

of

imagination,
bestowed

by throwing

could
of

in the

our

always

find weapons

we
history,

lapse of

advantage

of

an

seven

shall

equality.

ral
natu-

those

of

arsenal,where
to their hand.

scarcelymeet

hundred

the

its adversaries

into relief the

literature became

; and

by

of

advantage

possessionof

in the

they were

are

the

idea, as

people. Poetry?

glow

giftswhich

the

consider

new

every

of the

reach

to

conquests spread, therefore, with

knowledge
weakest

is

intellect became

the

of wit, the

grace

its cause

; its

man

perusingthe

the

all the

when

even

singlegreat event,

has

which

enrich

to

and
or

luxury, the

of

fresh

equal hand,

an

greatness of

poorest

wealth, it

placed within

they stillserved

the

XV.

tenure, and

conditions.

superficial,
as

exercise

the

thought, and

civilization and

feudal

satisfaction,was

heart, co-operated

reduced

Louis

commerce

want

for

taste

most

when

power

with

democracy

craved

science,every

to

of

depth

in

new

their talents,

XIV.

influence

equalityof

of the

The

confer

to

dust.

than

introduced

was

level.

strengthand

eloquence,and
the

other

any

nobles

rich.

the

of

germe

the

people to

subjection;

same

held

on

the

Louis

and

was

fashion, the

addition

every

the

to

desire which

the time
of

source

and

ambitious,

democracy by

all his court, into the

the human

empoverish

the

discovery,every

new

of

passionsof

the

of the

allowed

and

new

and

assisted

XI.

level

the

they

Louis

fresh element

every

sway

share

with

active

strong and

weak,

or

Some

the

improvement

the

certain

power,

the most

they were

personalprop^ty began
every

minish
di-

to

or

the king
frequently,

more

When

their vices.

by

beneath

soon

granted a

been

always

temperate

descended, himself
As

have

themselves.

rank

crown

enjoy a degree of

to

of levellers.

they spared

every

kings

the

constant

rise above

the

pened
hap-

repressingthe aristocracy.

of

intention

orders

lower

permitted the

people. Or,

the

it sometimes

years,

authorityof

resist the

to

rights to
political

of

hundred

seven

years,

with
which

their

divided

and

minds

the erection

firearms

the

information

the

to

of

the

the

feudal

villain

same

and

chy
monar-

the

so

bring

to

as

able

offered

thousand

within

power
If

the

examine

we

perceive that

reach

society.

The

cottage and

adventurous

the

eleventh

century,

revolution
down

gone

; the

each

to

nearer

shall

we

social

the

as

and

obscure.
of

fifty

invariably

in the

place

the

on

are

America

at intervals

taken

descends

one

half-centurybrings them

has

the

the

to

riches

placed

and

in France

has

up

fortune, and

to

the

men

discovery of

happened

twofold

gone

The

has

with

noble

has

roturier

of the

what

heaven.

to

paths

new

beginning

years,

road

find the

to

the

to

gate of the palace ; and protestantismproclaimed that all


alike

noble

resources

man's

poor

introduced

of

organized

was

nobles,

the

communes

equalized the

post

door

of

the bosom

printingopened

all classes ;

of

same

of

decimated

English

libertyinto

battle ;

field of

the

on

of the

wars

possessions;

the invention

the

democratic

of

element

an

and

crusades

The

of

state

ladder, and
rises.

ottA

other, and

they

the

Every

will very

shortly meet.
is this

Nor

turn

we

phenomenon
our

whole

throughout the
various

The
turned

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to

their exertions
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for

it,and

have

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blind

divine

in the

men

aided

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"

it

by

in its cause,

who

have

fought

its opponents

unwillingly;

some

"

all laboured
all have

to

been

of God.

hands

providentialfact,and

it possesses

equalityof

all events

as

conditions

fore,
is,there-

all the characteristics

it is universal, it is durable, it

interference,and

have

track, have

same

of the

all

everywhere

themselves

gradual development

decree

human

declared

along

in the

it unwittingly

have

lution
revo-

have

laboured
intentionally

have

served

continual

same

existence

democracy

ignorantly,and

some

instruments

The

of

who

who

driven

all been

end,

one

have

who

and

those

national

of

advantage

the

ever
Whitherso-

Christendom.

of

occurrences

France.

peculiarto

shall discover

we

eyes,

all

at

well

as

of

constantly eludes
all

men

contribute

all
to

its progress.

it,then, be wise

Would
dates

from
?

feudal

so

far back,

Is it credible

system, and

that

to

can

the

imagine

be

checked

democracy

that

by

the

which

vanquished kings, will

social

impulse

efforts of
has

which

tion
genera-

annihilated

respect the citizen

the
and

it stop

? Will
capitalist

the

adversaries
None

time,

any

the

of

the

alreadyexists prevents

is

that

; so

of

it has

been

the extent

foreseeingwhat

parison
com-

complete

more

present day, than

from

us

all terms

conditions

part of the world

in any

or

its

strong and

so

going, for

are

equalityof

countries

Christian

we

way

wanting :

are

in the

which

say

can

grown

weak

so

that it has

now

of

be

may

at

what
to

yet

come.

The

whole

written

under

mind

which

which

of

for centuries

been

public,has

dread, produced
religious

in

irresistible

so

spiteof

is still proceedingin the midst

such

lution,
revo-

amazing

the ruins it

of

made.

It is not
disclose
them

habitual

in the

events

sincere

of

men

divine

time

our

of

social

decree
be

would
would
awarded

to

The

it

by

attentive

be

constrained

them

by

Providence.

it cannot

be

guided :
be

may

The

so

affairs is to

be

possible;

substitute

to

with
A2

the

the

to

stopped, but

sacred

God

to

yet

is in their hands

the

tions
na-

social lot

present

most

along is
rapidthat

so

yet

racy
democ-

and

is bearing them
it is not

by

character

check

to

me

and

future of

the best of the

seem

age

the

progressive

past and

attempt

make

be

so

it

little while

longer.
is at this time

educate

the

purifyits
of

its true

adapt its government

To

impulse which

knowledge
with

our

their fate

no

confer

the

first duty which

our

of

the

once

would

to

dency
ten-

finger.

observation

resist the will of

to

case

nations

at

change.

then

that

cannot

the

in that

Christian

strong

that

led

were

to

discern

can

invariable

in the

Creator's

the

by

we

order

special revelation, that

equalityis

upon

alarming spectacle;

and

without

know,

in

speak

his will ;

nature, and

this solitary
truth
history,

their

should

reflection,to acknowledge that the gradual and

development

of

course

in the orbits traced

planetsmove
If the

himself

unquestionablesigns of

the

us

God

that

necessary

to

of

of

kind

the

to

contemplationof

advanced

has

obstacles,and

the

by

offered

is here

impressionof

the

in the author's

has

which

book

to

occurrences

democracy

morals

business

and

and

to

for its

interests
time

imposed

for

; to

its

its

to

rect
di-

who

faith,if

energies;

and
inexperience,

its blind

actors

warm

direct

place,and
the

those

upon

an

to
quaintance
ac-

propensities
; to
modify

of the age.

it in

pliance
com-

science

new

is indispensableto
politics

of

This, however, is what


of

rapid stream,

descried

still be

may

have

have

never

have

been

had

of

order

abandoned

have

when,

on

Everything

instead

its power,

made

was

it from

the

The
has

only in

vices, and

it

benefits

the

such

The
to

almost

like those

up

wretchedness

the

of

supreme

ciety.
so-

power.

worshipped

was

enfeebled

was

all

who

by

its

own

projectof annihilating
bent

were

tempt
at-

no

excluding

on

power

of

power

of

the

the

the democratic

parts

the

of

revolution

without
society,
and

We

which

brings,we

are

have

lessen

prominent ;

more

that

which

manners,

beneficial.

conditions

evils it

supported by

crown,

nations

of

and

its
though
al-

ignorant of

different

several

character

aristocracy,
the

advantages which

can

insurmountable

rier
bar-

conceived.

prince;

which

the

Europe, societypossessed,in

part of his subjectswas

tyranny of the

divine

that

confer.

may

its wretchedness,

the

consequentlybeen

correctingits vices

advantages

scarcelybe appreciatedor

now

of

revolution

without

but

its natural

peaceably governed
of

been

alreadyperceivethe

we

midst

themselves

seemingly unknown,

laws, ideas, customs,

render

to

render

While

and

material

the

in

change
democracy,

and

rash

but

govern,

of this has

effected

necessary

gotten

it

moral

most

government.

concomitant
was

fit it to

to

the

caprices; it

the

it
instructing

of

consequence

been

its

to

state

edge.
their knowl-

grown

was

possession

conceived
legislator

the

excesses,

took

strength; until,when

idol of

the

as

democracy

the

I
but

public streets, and

vices

of

submitted

then

was

the

but

sudden, it

in the

aught

existence

The

it has

which

its victories

connect

to

people have

The

their education

unacquainted with

are

and
intelligent,

rent
cur-

gulf.

of

without

or

and
propensities,

receive

who

heads

exigences,and

attempted

it.

the

in France

as

The

its

most

never

guide

to

its wild

to

outcasts

the

nation

the

chance.

their consent

powerful,the

most

it in

with

without

obtained

The

rapid progress

forethoughtfor

any

toward

the

great social revolution

the

by

on

left,while

have

we

middle

ruins which

the

on

eyes

backward

us

such

borne

been

always

classes

has

Europe

our

shore

drives

describing,made

been

it has

in

country

no

the

upon

along, and

us

sweeps
In

obstinatelyfix

we

in the

of least ; launched

think

we

world.

new

he

and

an

the

enjoyed in

monarch

the eyes

who

felt the

of the multi-

tude, derived

they

High

as

but

take

shepherd

nobles

could

feels toward

his

flock ; and

without

the

conceived

having
its own,

and

It

it submitted

of

midst

in the

of

whose

from

when

of

they

the

God.

of

arm

created

established

were

to
servility

or

moreover

violence, and

dition
con-

without

them

resistance

visitations

social

expectationof

them

to

time, had

of the

manners

benefits

without

inevitable

the

to

as

idea

entertainingno

attached

grew

those

care.

the

its chiefs, received

with

the

and

their

to

acknowledging

destinyof

the

over

intrusted

had

from

their exactions,

law

watched

equals,they

just,but

and

of

people,the

the

discussingtheir rights.

Custom,

the

above

interest in its fate which

ranking

clement

spect
re-

benevolent

different
ever

the

and

people,never

The

from

calm

Providence

welfare

of his power

just use

placed

were

that

their

as

poor

for the

inspired.

he

which

not

motive

certain

cies
spe-

limits

oppression.

to

noble

the

As

serf looked

the

as

which
privileges

of the

him

fate.
but

the souls

Men

are

not

are

believe

to

be

to

On

usurped
side

one

the

wit, and

by

uncommon

of

to

body

its power,
But

and

the

mingle

of

the

scene

the

of this

all,of

divisions

spreads,and

which

they

they

sider
con-

which

the

pleasuresof

and

coarse

its

labor, and

were

rude

ignorant multitude,

energeticpassions,generous

organized,might

independent
of

boast

its

virtues.

stability,

glory.

changed,

now

property is divided,power
gence

debased

or

leisure,accompanied by

other

with

meet

thus

state

is

power

elegance of taste, the


On

art.

to

above

found

degraded.

of power

sentiments, profound religious


convictions,and
The

be

to

rule which

differently

so

were

exercise

the

obedience

luxury, the

in the midst

it

exercise

the

by

men

change
ex-

oppressive.

religionof
but

not

; but

of

of the

mutual

then

were

wealth, strength,and

of

ignorance;
was

and

were

refinement

the

corrupted by

that

classes

two

rank

and
legitimate,

consequence

imagine

wretchedness

of neither

and
illegal,

be

to

prive
de-

to

attempt

be

to

as
inferiority

place between

habit of obedience

the

by

believed

he

own

Inequalityand

society;

in

would

one

any

nature, it is easy

good-will took

of

giftedby

his

upon
of

order

immutable

suspected that

never

once

is held

and

gradually the

severed

mankind,

in common,

capacitiesof

all classes

the
are

are

two

ranks

lowered

lightof

intelli

equallycultiva

ted ; the state

becomes

democratic,and

slowly and peaceablyintroduced


of

conceive

can

attachment

in
society

respect for

and

authors ; in which

the

though

necessary,
the

chief

is

he

not

that in order

from

individual

the

in

of

of

the

individual

ciprocal
re-

removed

allow,

necessary

exertions

of the

protectedfrom anarchy

thus

state

forward

; if there

of

contrast

general;

more

feelingswill

softened

; there

may

appeal to

be

vvillfeel the

protect his
must

of enthusiasm

obtained

their

own

will be

from

be

misery will

the

sciences

and
repressed,

the

vices and
of

of

the members
their

weakness

; and

as

habits

less
petuosity
im-

of

the

crimes.

fices
faith,great sacri-

experience:

he knows

be

may

commonwealth

for unitingwith
necessity

same

in

less frequent

be

; the

fewer

ardent

an

be

may

be less excessive, but

common

and

body

splendourthan

be less

more

and
understandings

social

be less

pleasuresof enjoyment may


will be

the

constituted,
societywill
the

impulses of

the
aristocracy,

an

In the absence

each

by

an

ual
individ-

his fellow-citizens
that

if

they

are

to

perceivethat his personal


co-operate, he will readily

interest is identified with the interest of the


The

tional
ra-

possessionof

the

it is
society,

be alike

would

democratic

directed

comfort

of

assist he

quietand

ciation
things,the voluntaryasso-

cultivated,but ignorancewill
perfectly

to

subjectto

interests,would

of

advantages

might supply the

stationary
; but

also ; the

nation

in

the

classes,alike

all

its true

this state

In

community

that

halls of

those

the

profit
by

citizens

regulatedand
the

being

respectedas

oppression.

I admit
be

passion,but

arise between

demands.

of the

nobles, and

be

common

retain,a kind of manly reliance and

to

sure

would

loyaltyof

the

the

meanness.

to

its
satisfy

not

manners

professan equal

they are

the state

be

not

would

men

of which

people,well acquaintedwith

The

and

laws

divine ; and

as

courtesy would

prideand

all

authorityof

magistratewould

rightswhich

to

into the institutions and

which

the

persuasion. Every

from

empire of democracy is

nation.

the

the

nation,taken

as

whole, will

community.

less
be less brilliant,

glorious,

perhapsless strong ; but the majorityof the citizens will enjoy


and the people will remain
quiet,
greater degree of prosperity,

and
a

not

because

of the

it despairs
of

advantagesof

but
melioration,

its condition.

because

it is conscious

10

receivingany compensationfrom

without
thingsafforded,
condition ;
to

its ruins

survey

aristocracy,

having destroyedan

we

complacency, and

with

fix

to

our

ent
pres-

inclined

seem

abode

our

in the

midst of them.
The
less

deplorable. The

abandoned

or

which

phenomena

its lawless

to

has

control

partisanis

each

opinionsand
the

the

his

of

end

which

we

I cannot

eyes ; it is
to

of

the

scenes

pity than

if the natural

the

and
laws

Zealous

the

espouse

has

analogy to
love

and

equal in

of events,

it loves, and
hallow

By
are

of

by

to

human

the

it is not
curse

worthy

our

opinionsof

man

broken;

between

of

the

the feelings

dissolved,and

all the

us, whose

among

of

future

refuse

of the law.

that all

But, by

readily

men

equal

are

zens
that all citi-

singularconcourse

institutions which

those

tured
nur-

of all moral

source

acknowledge

to

are

life,and who

the

has declared

minds

racy
democ-

unfrequently
brought to rejectthe equality

that

of

cause

libertyas

foe, which

it

might

its alliance.

to the earth

not only as
liberty,

as
especially

desire to

to be

as
liberty,

not

eye

the side of these

turned

fusion
strange con-

abolished.

be

religionis entangledin

and
assails,

his
disguises

now

acknowledged

knowledge

sightof God, will

are

the

sightof

happening under

are

was
principles,

be found

may

of

cause

of disorder,

struggle

loses

historymore

unites the

appears

which
greatness. Christianity,
in the

which

always been

Christians

in the

which

bond

ideas of mankind,

of moral

ably
peace-

opinionsby

arises the

in

passage

his actions to his

which

of the

language which

Hence

or

beholding.
mind

as

whatever

in the midst

limits of his

instincts.

secret
are

his tastes,and

sympathy

holds

course

destroyed. Its

not

of his opponents, until he

recall to my

and

it has

not

are

in its

overthrown

In the heat

the

beyond

excesses

or

checked

graduallymtroduced,

conflict.

exertions,and

real sentiments

sorrow

hurried

presents

advanced
constantly

of
agitation

the

and

all that

been

not

it has

but
established,

passions,has

shaken

societyhas

over

France,

of

democracy

its path, and

crossed

intellectual world

the

the

extend

It is natural

that

root

I discern

men
religious

than

more

the

to heaven

of the

source

of all solid

its sway,

and

they should

to

others

they are

noblest

advantages;

whose
the

to

invoke

more

they sincerely

to
impart its blessings

hasten

partisans

virtues,but
and

looks

mankind.

the assistance

of

re-

11

know
that liberty
cannot
for they must
ligion,
morality,nor moralitywithout faith ; but
ranks

in the
of

some

of their

it

attack

them

adversaries,and

openly,and

out
with-

be established
have

they

they inquireno

the remainder

ligion
re-

seen

farther ;

afraid to defend

are

it.
former

In

slaveryhas

ages

slavish-minded, while

strugglingwithout
of

men

to

the

save

variance

at

able to feel its

with

venal

and

warm-hearted

be

to

now

their

its

sanctityand

the

are

which
they have
praise that servility
Others, on the contrary, speak in the
were

the

by

were

liberties of mankind.

characters

generous

opinionsare

whose

advocated

independentand

hope

and

high

the

been

But

with,

met

and
inclinations,

themselves
of

name

who

known.

never

if

libertyas

they

majesty,and loudlyclaim

for

humanity those rightswhich they have always disowned.


virtuous and peacefulindividuals whose
There
are
pure morality,
quiethabits,affluence,and talents,fit them to be the
surroundingpopulation; their love of their country
the

but

they confound

the

idea of evil is

is

just;

to

is

in

which

from

insolence,and

its welfare,

to

novelty.

objectis

expedientwithout

title of the

assuming the

sincere,and

that of

whose

without

acquireknowledge

is

faith,and

ma-

prosperity

station which

by

to

heeding

champions of

driven

they are

of the

its benefits,and

from

party,

placing themselves

and
civilization,
with

their minds

what

hit upon

to

virtue ;

apart from

civilization with

of

abuses

inseparablein

teralise mankind,
what

greatest sacrifices

this class is another

far from

Not

the

make

prepared to

they are

leaders

modern

they usurp

their

own

un-

worthiness.
Where
The

are

apostlesof
Has

and

? and

has

the
man

geniuswithout
taste

and
liberty,

for

of

and

the

are

without

honour

friends of

noble

advocate

pendence
preach inde-

opposed

to

all progress,

are
principles,

the

intelligence.

fate of the centuries which

always

the

servile minds

most

and
patriotism

nothing is linked

of

enlightenedcitizens

civilization and
been

and

meanest

without

men

such

where

with

the

honest

while

enemies

high-minded
religion
; the

and
subjection,

and

the

are
religionists

libertyattack

own

then 1

we

inhabited

together,where
; where

oppression,and

have

world, like
virtue

holy rites

the

is without

the love of order


the

precededour
present,

genius,

is confounded

of freedom

with

12

contempt of law

; where

actions is dim, and

I cannot,

him

in

God

communities
shall

not

There

is

it has

which

we

beginningof
of

Europe,

It has there

to

them,

justice.

great revolution which


its natural

of

the

limits ;

rather

simplicity,
say

that

democratic

lution
revo-

having experiencedthe

and

the shores

on

century, severed

which
principles

repressedit

transplantedit

been

allowed

of America

the democratic
in the old

unalloyed to

munities
com-

the

New

spread in perfectfreedom,

to

in the laws

I do

led
necessarily
Americans

the
by influencing

cause

account

derived

laws

for
with

they

and

the

may

America
ourselves
a

readingthis book,

and

manners

it been

for
particular,

later

adopt ;

this,that

the

but

we

shall

only form

ever

be

which

the

of

of
identity

countries
have

we

in

the

has been

is sufficient

becoming

to find instruction

should

panegyricwould

be

am

of

quainted
ac-

advocate

opinionthat

imagine that

by

I have
which

I have

strangelymistaken, and

perceivethat

objectto

cient
effi-

of them.

profit.Whoever

my

am

ment
govern-

that
a legitimate
curiosity
satisfy

wish

ditions.
con-

organization. I

the

in the two
interest

shall

we

complete equalityof

chosen

manners

he will

or

similar social

have

immense

; my

sooner

political
consequences

its effects in each

to write

has

from

may

It is not, then, merely to


examined

almost

an

same

from

democracy

of

at

the

supposingthat

which

doubt, that

conclude

not

draw

to

have

far from

beyond

me

Americans,

the

But

nor

countiy.

arrive,like

we

round
sur-

but
designs,
fathom

his

reached

the consequences

put forth its consequences


It appears

to

and

ease

the

have

the seventeenth

all the

principlefrom

of the

where

fixed themselves

emigrantswho

World.

his

capacitythan

which

future to the

I cannot

undergoing,without

are

miseries

with

leave

to

man

certain

more

because

own

my

attained

made

itself.

revolution

in the

in them

effected with

been

The

and

nearlyto

seems

Creator

unacquainted

am

true

or

human

on

longer forbidden

any

intellectual

the

country in the world

this country has

to

believe

to

speaking of

am

the

calmer

rather mistrust

I had

and

Europe

cease

that

strugglewith

destines

of

to be

shameful, false

or

conscience

by

nothing seems

however, believe

endless

an

us

where

allowed, honorable

or

lightthrown

the

such

any

absolute

not

was

form

of

my

is

on

design:

government

excellence

tended
in-

in

rarelyto

13

in

be found

legislation
; I

any

not

which
revolution,

the social

whether

have

affected to discuss

even

I believe

to be

is
irresistible,

to mankind
advantageousor prejudicial
; I have acknowledgedthis
of its acrevolution as a fact alreadyaccomplishedor on the eve
complishment

undergone it,in which

have

which

peacefuland
be

than

America

have

we

fear

to

and

exhibit the

to

used

they have
It
which

the

intention

conditions

I do not

know

America,

M.

second

the

I have

but

rule of

desire,and that

I have

instead of ideas

to facts.

Whenever

documents, I

have

authentic

never,

pointcould

and

had

excellent

recourse

pointout

in

of

for the

ment
accomplish-

of my

friend and

given to
making

the world.*

known

has been

knowingly,moulded

the

approved works.f

sincere

facts to

by the aid of
originaltext, and

I have

what

my

established
to

the

ideas,

written
to

the

authorities

cited my

work

functionaries

who

thus

Secretary

session

Vol.

the

influence

manners

is entitled,
Marie, ou l'Esclavage aux Etats-Unis.
furnished
been
t Legislativeand administrative documents
have
me
of politenesswhich
I shall always remember
with
gratitude. Among

then

cautions
pre-

democracy exercise
the

has been

succeeded

be

the

which

those

as

to

work

certain that such

am

the

part, the

to feel less ardour

de Beaumont

whether

and

society.
and

the

propensities
;

examined
well

it,as

is

discover the evils

undertaken

in
depict,

since
project,

companion
travelling

This

I have

begin,however,

this

in

to

I have

direct

the tendency

government,

sought to

produces.
to

the

the habits,the ideas, and


society,

; I

of

saw

it

it to
govern

of
equality

the civil

the

more

America, which

of

democracy

affairs. I have

on

enable

my

Americans

at

saw

show

attempted to

to
prescribes

adopted,and

not

was

the

Americans

the

by

which

causes

it

advantages which

the

I have

restraint to its instinctive

course

influence it exercises

its progress.

from

hope

to

or

by

without

almost

abandoned

laws

the

given to

most

that in America

; I

In the first part of this work

on

the most

with its inclinations,


sought the image of democracy itself,
in order to
its character,its prejudices,
and its passions,

learn what

and

its developmenthas been

I confess
profitable.

rendered

those

among

in order to discern its natural consequences,


complete,
the means
to distinguish
possible,
by which it

the most

and, if it be
may

nation,from

the

selected

I have

; and

of

I." B

of

favoured

my

State, and

Congress,

Mr.

inquiries 1
late American

Livingston was

am

proud
minister
kind

to

Mr.

name

at

enough

Paris.
to

with
the

Edward

degree

American

ston,
Living-

During my

furnish

me

with

stay
the

14

in the notes, and


a

political
custom,

concerned,
with.

believe

me

which

witnesses.

I have

which

latter would

consoles

of this nature
leave

as

soon

than

add

frequentlyhave quoted
to be

perhaps conceal

names

so, in

proof

from

this practice.

at the

fireside of

from

even

the

ear

the shortness

of the traveller's stay takes

noted
carefully

it occurred, but
rather

every

these notes

injurethe

tion
conversa-

will

never

of my

success

ments
state-

the list of those strangers who

to

received

hospitality
they have

generous

necessarily

must

deserve

the

his guest, for the silence to

as

name

my

reader

was

with

writing-case
; I had

my

I met

opinionon

my

importanttruths

all fear of his indiscretion.

away

the

which

himself

is restricted,
and

he

I formed

was

doubtful, I

abstained
carefully

hears
stranger frequently
the

enlightenedmen

important or

or

opinion,

an

of the country

manners

Here

him,

to

Whenever

the most

I could

word.

; but

friendship
; he

and

on

to consult

either known

his host,which

the

the

testimony,but

my

I advance

one

upon

are

of what

remark

point in questionwas

several

of

refer to them.

may

I endeavoured

If the

evidence

of

or

satisfied with

not

one

any

repay

by subsequentchagrin

annoyance.

am

that, notwithstandingmy

aware

easier than

criticise this book, if any

to

nothing will

care,

one

chooses

ever

be

cise
criti-

to

it.
Those

readers

fundamental
the

who

idea which

of
diversity

of facts which

body

1 put forth.

labours, and
it

that

to be

leaves,as

I have

but upon

the

reason,

It must

is

not

be

part of the

Livingston
from

is

one

sometimes

documents
of those

their
writings,and
acquaintance.

to

rare

whom

is

which
spirit

judged by

exceedingly

isolated fact to the

the

body

has

of ideas

guided my

generalimpression

judgement not
who

on

wishes

all his ideas to their utmost

to

is

quitthe

relative

possess

individuals
one

is false

of what

and often to the verge

greater

an

the author

that
forgotten

for if it be necessary

treat

to

any

single

of evidence.

mass

obligedto push

had

own

my

the

parts together. But

oppose

be

discover

several

in the

may

formed

closelywill

isolated idea to the

an

read

book

my

have

difficult to

be

I quote, or

hope

it

the

connects

subjectsI

the

it will not

great, and

examine

may

whom

happy

to
one

to

to be

theoretical
or

logicin

federal

government.

loves, respects,

incur the

debt

sequences,
con-

impracticable;

rules of

the

stood
under-

of

and

active

Mr.

admires,

gratitude on

ther
far-

]5

life,
as

such

is

difficulties

many

arise

from

favour

design

they
future.

to

are

see

of

of

busied

for

of

views,

the

and

the

but

what

finds

man

of

that

language,

almost

as

in

to

morrow,

This

composing
any

look

farther
I

have

readers

many

work.

attacking

or

differently,

inconsistency

myself

out

defect

serving

and

usually

conduct.

pointing

particular

discourse,

from

spring

principal

no

not

by

in

case

consistency

conclude
the

no

the

not

party
than

turned

is

book
it

will
written

to

have

entertained

have

undertaken

parties,
my

sider
con-

and

thoughts

while

to

the

JS

with

the north
to

form

level

country there

neither

are

meander

through

separate

and

it

created

themselves

pole or

brim.

region is

habitation

for the

of the

of

their currents,

in the Old

Twro

the

chains

either

toward

of mountains

few

the

divide

is

other

it

the form

Allegany ridgetakes
; the

ocean

but

its surface,and better suited

on

long

other;

World,

in the structure

slightest
change
rush

this

forming a

thus

of them

to

ings,
wind-

bound

flat,and rise

are

; each

varied

of the Atlantic

shores

banks

The

more

the

of those

their waters

man.

to

extreme

one

mix

rivers

most

level of their waters

second

The

from

Their

globe would cause


to the tropical
sea.

of the

deep valleys.Streams

nor

great lakes which

The

in, like

rocks.

filled to the

bowl

vast

walled

not

the

feet above

of

tract

thus, at length,after innumerable

and

polar seas.

hills and

between

high mountains

irregularly
; great

fall into the


first region are

of this immense

bounds

the

be said

again,disperseand form vast marshes, losing


channels
in the labyrinthof waters
they have

meet

of their

all trace

Within

plain.

almost

it may

a slopethat
imperceptible

so

parallelwr

ith the

Pacific.
The
contains

1,341,649

six times
This

great

as

ganies,while
At

the other

the various

streams

In

of

memory

The

it the

their native
The

Father

its source

which

I have

where

they unite.

empties itself into

is
Mississippi

at

"

View

about

side of

singlevalley,one

rounded

summits

of the

Alle-

toward

first devious

of the United

river.

French

States."

fall from

the

all parts.
this

language,have

Mississippi.
the limit of the two

far from

not

which

formerly called

their pompous

above

Near
the

river,into

mountains

the

or

immense

an

the

spoken,

river,fwhich

Darby's

is therefore

course
uninterrupted

an

Indians,in

takes
Mississippi

Mackenzie's

land, the

Waters,

the table-land

the

valleyflows

of

regionsof

forms

from
issuing

river the St. Louis.


named

rises in

of the

the bottom

Its surface

of mountains

mountains.

Rocky

the

chains

two

that of France.

graduallyfrom

descends

tops of

as

these

miles.*

square

however,
territory,

vast

which

lies between

which

space

the

the

same

polarseas.

it winds

several

great

highestpoint of

spot rises another


The
times

course

toward

of the
the

19

north, whence
lakes

it

Sometimes
has

its mouth
it is

of

nearly 500

to

swell

traverses

Red

which

in

both

good

poor, and

the

have

the

than

in the

by

its barrenness.

they levelled

over

immense
them

and

more

piercedin

like the bones


The

of the

of

avast

if the

skeleton

broken

"

of the

Warden's

"

its

the

with
which
a

fertility
mulated
accu-

of the river
had

Rocky

those

passed

ground is,as

the

pear
ap-

flesh is
a

partlyconsumed.
sand, and huge
granitic

few

plants force

field covered

this sand
which

mountains.

Description of

are

mountains, the

steril ; the

green

and

of

valley,which

husbandman

whose

stones

perfect analog)7with
summits

in the

approach

of

appearance

These

by

aspect

placesby primitiverocks,which

of stone, among

edifice.

evident

primeval ocean

rightshore

the

you

both

cede
re-

where
No-

sicklygrowth.

globe left more


whole
: the
Mississippi

unequal and

more

thousand

growth, and give the


ruins of

have

of the

surface of the earth is covered

irregularmasses

and

soil becomes

as

As

dispenses
antiquity

of

the
vegetationlanguish,

vegetable mould

his roller.

to

of

they retired. Upon

with

formed

you

the

smooth

of rivulets

shores of the stream

the

On

waters

of

plains,as

soil becomes
it were,

The

beds

as

god

powerful effects of water,

the

enormous

seen

valleyof

like

survive

plantsthat

multitude

fertility
; in proportionas

great convulsions

the country shows


and

powers

800

is from

seems
Mississippi

course.

inexhaustible

1,300

streams.
tributary

the

by

evil in its

of

St. Peter's,the St.

countless

mighty river,which

its banks, the

from

; beside

all parts their

and

Missouri,

the

course

the
Illinois,

the

course

contribute

miles ; the Arkansas

2,500

is watered

displaysan

traces

of

Moingona

of this

for

others

Mississippi
; among

1,364

of fifteen

depth

burden

tuns

ture
na-

sippi
Missis-

of

distance

the

average

vessels of 300

length,viz

unite from

bed

nature

the

space

valleywhich

be the

At
an

the

by storms,

river 1,000 miles ; four whose

the

Francis, and

of
a

1,000 miles

The

swollen

which

Fifty-sevenlargenavigablerivers

miles.

the waters

miles ; the
to

bed
argillaceous

the

this river attains

navigatedby

the south.

to

2,500 miles in its course.*

from

feet ; and

slowly onward

it ; sometimes

assignedto

in

length,after having been delayed

at

quietlyglidingalong

waters

which

and,

marshes, it flows

and

miles

rose

United

discover,on

compose
The

States."

with

the

their
the
amination,
ex-

arid

flood of waters

20

which

washed

soil to the

portionsof

away
bruised

the

the

themselves

rocks

valleyof

the

God

the eastern

mountains
which

the

mean

breadth

sea

it is about

has

this

This

English colonies
States

of America.

in the

whom

offers every

backward

The

control

of the

it retired.

The

miles;

part

obstacle

of

the

to

the

unvaried.
efforts of human

day

one

of the

continent

of
the

to become

stillremains

elements

dustry
in-

cradle

the

was

of power

centre

the true

states

future

the

destined

wTere

and

This

length.

tongue of arid land

which

rocks

hundred

one

yet

of these

the base

as

nificent
mag-

; and

long ridge of

its

made.

were

while

mighty

desert.

vegetationis scanty and


the first united
coast
inhospitable
and

husbandman,

United

in

soil which

abode

exceed

not

miles

hundred

continent

American

Upon

and
like

most

for man's

left behind

have

to

does
territory

nine

lies

ocean,

appears

of this

whole, the

between
Alleganies,

side of the
the Atlantic

and

sand,

to

at present it is but

said that

be

those

these,dashed
left scattered

the

is,upon
Mississippi

prepared by
dwelling-place
it may

ried
car-

their feet.*

at

The

but

and

were
against the neighbouring cliffs,

wrecks

On

valley,afterward

of the

bottom

there

great people,

belongs,are

secretly

springingup.
the

When
and

Europeans

afterward

the

on

firstlanded
of South

coast

of

shores

the

Antilles,

selves
America, they thought them-

into those
fabulous
regionsof which poets had
transported
nary
The
sea
sparkledwith phosphoriclight,and the extraordi-

sung.

of its waters

transparency
all that

hitherto

had

appeared little

and

there

and

resemblingbaskets

of the

discovered

islands

which

those

fruits,and

all the

Almost

man.

See

Appendix

t Make
transparent,

that

ship

to

seemed

through

us

corals

(vol. v.,
and

float in the

crystal flood,and
fishes gliding among
tufts and
the

enchanting

loaded

with

to

the

ing
nourish-

food, delightedthe eye


In groves

their colours.

of

fragrant

A.

tells

Brun

as

this

contribute

or

were

useless

were

and varietyof
by the brilliancy

wants,

trees

tranquilsurface

in
sight,

the

met

deep abyss.f Here


odoriferous plants,
the

of flowers, floating
on

the
prepared to satisfy

pleasuresof

with

perfumed

gator
of the navi-

the view

to

in the

hidden

been

Every objectwhich

ocean.

region,seemed

"

the

on

fish

p.
are

air, the
beheld
thickets

726)

that

the

discernible

at

navigator became
submarine

of seaweed.

of the

water
a

depth
giddy

gardens,

or

Caribbean

sea

of sixty fathoms.
as

beds

his

of

eye

is

so

The

penetrated
gilded

shells,or

21

lemon-trees, wild

figs,floweringmyrtles,acacias,

which

with

hung

were

festoons

multitude

of various

birds

of

covered
climbing-plants,

unknown

in

with

flowers, a

their

with purple and


brightplumage, glittering

their

in

warbling

the

of

harmony

Europe displayed
and

azure,

mingled

teeming with

world

oleanders,

and

life and

motion.*
this brilliant exterior death

Underneath
of

climates

these

had

absorbed
of the

America

pletely
com-

man,

regardless

rendered

present enjoyment, was

of

as
intelligence,

turbulent

girdedround

by

of

and

foggy

belt of

different aspect

very

; it seemed

solemn
south

the

dark

was

and

wide

to

light.
de-

It

was

plains of

sand.

for

were

gloomy;

they

olive-trees,and

oaks, wild

firs,larches, evergreen

created

its shores.

washed

ocean

there,

of sensual

that

was

rocks, or by
granitic

its woods

foliageof

composed

serious,and

grave,

domain

the

under

appeared

everythingwas

The

that

future.

North

be

the

by

influence

enervatingan

so

air

The

concealed.

was

laurels.

this outer

Beyond
where

the

grow

side

belt

side.

the

which

trees
largest

by

lay

produced in

are

the

Virginianpoplar,mingled their

the

beech,
In

in

these, as

other

their

decay

work

of

; but

there

their
a

The

through the

beneath

and
life,

depths

the

make

to

their
of

in them

flowers, wild
overthrown

of

mass

to

oak,

in their

Thus

forests

birds, beneath

age, the

It
their

rushingtorrent
See

Appendix

B.

continual

other

herbs,

dustycavities,and
its assistance

mingled together.

and

by

course

moisture.

constant

fruits,or

by

in their

upon

they crept along

decay gave

gloomy

were

and
;

was

them, and

for the

room

respectiveproductionswere

these

heaped

remove

dying trees

nourishment

lifeless bark.

rivulets,undirected

tree

no

bending trunks, found

passage

to

was

destruction

vegetationwere

reproduction. Climbing-plants,
grasses,

forced, their way

of the

those

World,

labouringhand

rapid enough

not

was

ruins of

The

Old

the

forests of

the

perpetuallygoing on.
eaGh

sugar-maple,and

with

branches

hemispheres

two

lime.

the

and

the

plane, the catalpa,the

The

central forests,

of the

thick shades

obscure,
human

was

rare

shades.
of

and

sand
thou-

industry,preserved
to

The

meet

with

fall of

cataract, the low-

22

buffalo,and

ing of

the

sounds

which

To

broke

their stead

denied

had
in her infinite variety

they had

whether

or
plains,

immense

These

deserts

forest shades

the

among

from

Atlantic

the

but

origin:
of

races

:*

men

yellow like
skin

the

at

they

and

their cheek-bones

the

North

tribes

American

they were

but

rules differed in several


the

govern

Americans

the

of

from

of

all that

was

an

be

in the

seen

other

with

With

the

the

midst

the

races

tribes

inhabitants
been

of

of the

those

;
to

such

See

nor

Their

regarded their

as

had

as

been

The

which

Those

observed

to

the

desert

the

Old

continent

the

also

Indians."

Appendix

C.

in

They
their

of those

resemblance

some

language,

and

seemed

these

supposition,
of America.

habits

own.

found

been
of the

tribes

distant

But

is not

this

very

remote

is

vol.

;"

exist

ing
wander-

other

which

from

Adair

has

works

; the
"

tween
be-

of North

Beh-

period they

point
v.

to

Indians

and

at

in

coming

Moguls, Tartars,
that

have

to

incoherent
indistinct,

has

the

respects

many

their deserts,without

of

occupied by

new

which

of
understanding,

World.

Tongous, Mantchous,
ol

of

product

incapable.f

none

discovery,

land

allows

be the

to

See
Malte
clearly elucidated
Brun,
by science.
"
; Fischer,
Conjecturesur l'Originedes Amcricains

American

progress

of Asia.

ring's strait

far

civilized than

more

physical conformation,
and

America,

Europeans,

languages spoken by

as

effort of the

Accordingly,they exhibited
*

The

these tribes differed

of

multipliedfreelyin
contact

known

grammatical rules.

same

seemed

days would

our

social state

The

the

pointsfrom

combinations, and bespoke


the Indians

all other

from

originof language.

idiom

The

common

like the negroes.

various

were

subjectto

of their

their lipsthin,
long and shining,

prominent.

very

possessed

savages

like the

black

of the Asiatics,nor

most

reddish brown, their hair

was

words,

white

neither

were

scattered

and
Mississippi,

of the

they differed

time

same

habitants.
in-

From
prairie.

the

witness

bore

ther
nei-

of human

for ages

these

ocean,

which

resemblance

pointsof

certain

Pacific

the

to

been

Delta

to the

St. Lawrence

of the

the mouth

sequently
forests,sub-

with

pastures of

the green

or

fertile

able to resolve.

has been

tribes had

in

nature

to these

not, however, devoid

were

wandering

Some

only-

questionwhich

is a

of man,

scientific research

nor

of trees

covered

been

hand

Whether

extent.

the germes

once

the

destroyedby
tradition

immense

of
prairies

seen

were

the

were

disappeared;

almost

of the great river the woods

the east

wind,

the

of nature.

silence

the

of

howling

the

not

gave

yet

boldt
of Hum-

History

of

the

23

of

notions

right and

none

wrong,

of that

of
deep corruption
ignoranceand rudeness among

usuallyjoinedwith
have
which, after advancing to civilization,
is

that

Indian

The

barbarism.

of

state

his virtues,his vices^and his


he had

grown

in the wild

up

indebted

was

uncivil,it is

merely because

not

that, being so, they

sightof

The

men.

their

they

fellow-creatures,excites in their hearts


of anger

of fear

and

of their

dependance

of mind

displaysitself in

insolent

once

observation

servile.

; the

peopleare

indigentfeel

the

Unable

to

give up

to

of

powerful

and

the

periodwhen
North

America

their

aristocratic
and

any

The

easilyproved by

the
together,

places

weak

and

known

first

came

ignorantof

were

is not

servable
ob-

they practisedan

them, the

among
the

civilized

Nevertheless, there

to

degree

at

value
man

tives
na-

of riches,and

procures

self
to himin

nothing coarse

was

habitual

peace,

of human

die of

pieceswith

famous

conditions

and

reserve,

of

kind

politeness.

admittance

unshaken

at

Indians,althoughthey are ignorantand

Europeans

when
hospitable

himself

in

is

of
disparity

enjoymentswhich

means.

their demeanour

asked

state

free.

equal

indifferent to the

tear

life ; the

are

Mild

this

in rural districts. In those

effect of the

in savage

by

This

them.

themselves

unfortunate

of

and
inferiority

language ; they are

assembled

are

ments
senti-

the

in aristocratic countries than

rude

more

time

nature.

This

At

truth of

of their

some

oppressedby their inferior condition.


perceivea singlechance of regainingtheir equality,
they
the dignity
to fall below
despair,and allow themselves

human

poor,

The

of

of their

and

manners

and

weakness, which

same

it humiliates

opulent cities than

the rich and

where

their

rude

enlightened

and

power
the

at

work;

own

ignorant,but

and

of their

the consciousness

irritates while

and

; in

elsewhere

his

rich

with

happinessand

the

but himself;

one

people are

poor

lot and

hard

no

his nature.

the

are

dailycontact

own

with

dailycontrasted

are

in

are

to

independenceof
of

tions
na-

relapsed into

were
prejudices,

If,in polished countries,the lowest

ners
man-

hunger
by night at
his hands

though

the
ferocity,

in order
the

door

more

Indian
the

to succour

of his hut

the stillquivering
limbs

republicsof antiquity
never
courage,

merciless

gave

or
haughty spirits,

more

"

in

war

would

yond
bepose
ex-

stranger who
yet he

of his

examples

could

prisoner.
of

intractable

more

love

24

than
independence,

oi

forests of the

New

World.*

The

they landed

upon

the

engendered neither

envy

impressionwhen
their presence
could

they possess

his

out

Creator

of

the

truths were,

in

Although
yet it
and

of North

shores

fear.

nor

have

we

Like

influence
?

dian
In-

The

complaint,and

believed

in the

pour

notions

the

God,

great intellectual

the

on

of

existence

different names,

adored, under

all the other members

savages

Their

America

What

described

great

no

general,simple and philosophical.!


have here traced the character of a primitive
people,

we

be

cannot

that

doubted

civilized

people,more

another

in all respects,had

advanced

more

as

stake.f

universe.

the wild

among

Europeans produced

men

family,these

world, and

better

times

wants, suffer without

the

death-songat

the great human


of

such

over

live without

could

in former

hidden

were

preceded it

in the

same

regions.
An

which
tradition,

obscure

of the Atlantic, informs

north
dwelt

side of the

the west

on

this

at

metal,
The
to

destined

or

Indians

of

there
valley,

the

by

lived three hundred


leave

Tradition

that

"

world
pristine

Iroquois,when

the

destruction

when
is

no

their

on

by
"

la Nouvelle

the

Histoire
France

said

by

writer, and

See

Jefferson
of

the

Appendix

the

Gauls.

de la

;"

"

is of

Lettres

du Rev.

G.

the

p. 150,

he

hands

ancient

at

us

the

an

IS, that

tells

of his

death

is

fly,or

to

like

obtain

especial weight,
in which

Dupratz

Hecwelder

i. ; Jefferson's

age

refused

on,

to

of

subject. It

men

the

be formed.

un-

among

to

survive

Romans
that

there

enemies, begged
the

hands

of his

provocation.

Louisiane," by Lepage

matter-of-fact
D.

fallen into

tive
rela-

monument

death

Farther

race.

did those who

Virginia," p.

upon

captive sought

of insult and

use

PhilosophicalSociety," v.
is

by

contrary, the

Notes

of

first discovered,

was

the

they braved

; and

country

human

information

hypothesiscould

an

superior force,aged

the present

to

ever-renewed

"

Jefferson's

by

Indian, who, having

an

the

even

exploring

with

meet

to

America

lightupon

no

sacked

capital

example

See

of their
was

for his life ;


conquerors

President
attacked

of

which

On

men.

give any

to

ago, when

throws

from

learn

We

from

of the

found,
frequently

people. Neither

perishable,
yet

"

the

unknown

this unknown

formerly

the banks

are

of

the

to

utensils of all kinds, made

unable

are

years

accounts

any

time

historyof

the

hands

and

for purposes,

our

tribes

very

Mississippi.Along

bones, strange instruments, arms


a

these

earth to. their centre, it is usual

heaps of

these

raised

day, tumuli

that

us

central

Ohio, and throughoutthe

the Indians

prevailedamong

"

on

Notes

;"
on

account

he

lived.

;
"

Charlevoix,
Transactions

"

Histoire

Virginia,"pp. 133-190.
of the

de

of the American

personal merit

What

of the

26

CHAPTER

ORIGIN

ANGLO-AMERICANS

THE

OF

their

Laws.

People
America

similar.

were

themselves

"

England.

of New

borrowed

from

Spirit. Intimate

Union

Code

Penal

"

"

After

spent in
world

it is

with

higher up

see

dark

mirror

thought,and
the

his life.
of

the

the

growth

they all

stand

by

the whole
we

begins,and

great

infant

for the
the

he

up,

the
into

enters

first time, and


virtues of

in

his

world

which

his

awaken

earliest

to

the

if
efforts,
the

arms

casts

which

be

; we

the

upon

he

beholds

sleepingpowers
would

we

which
passions,

speak,to

begin

must

his mother's

first occurrences

the

is,so

man

We

error.

external

the

habits,and

bear

of

some

nations
marks

accompanied their

which

the

first words

entire

obscurely

are

stand
underwill

rule

in the cradle

seen

child.

The

If

the
prejudices,
The

lican
Repub-

"

he grows

vices and

Contract.

Spiritof Liberty.

the

As

studied

Fervour.

formed.

of his mind

hear

must

with

peans
Euro-

first Inhabitants

the

social

Their

"

childhood.

of the

first images which

the

must

first Laws

British

Colonization

"

of

Original Character

"

is then

germe

watch

must

we

World.

New

great

to

all the

applicable to

the

"

mistaken, is

not

am

emigrated

being,his earlyyears

He

trie

is then

of

his manhood

when

that

Remark

"

Spiritof Religion

human

all who

Legislation. Religious

Hebrew

of the

his fellows.

years

This, if

the

respects

Their

pleasuresof

or

him,

imagined

maturer

of

toils

the

receives

contact

we

birth of

the

Arrival."

Their

"

Starting-Pointof

the

shores

England.

of New

Virginia. Colonization

of

the

on

RELATION

their social Condition

understand

to

in which

what

In

they differed.

what

In

"

established

who

in order

"

IN

IMPORTANCE,

CONDITION.

only Country

clearly observable.

been

has

the

America

"

ITS

FUTURE

Origin of Nations

the

Utilityof knowing

AND

THEIR

TO

and

II.

term
were

of

their

presents something analogous to


of

their

birth and

originj

and

contributed

the
to

this ;

circumstances

their

rise,affect

being.

able to go back

to

the elements

of states, and

to

ex-

27

amine

the oldest

should

discover

the

national

of the

of

all that

in short

character

such

of

laws

incoherent

such

like
society,

This

are

along by

ignorant.

of this kind

hitherto

and

days ;

to ends of which

facts

have

when

it with

prideadorned

America

is the

had

of

to be

in

with

met

sometimes

we

which

seem

they themselves

wanting

researches

to

communities

upon

their attention

it,or ignorance

alreadyobscured

fables.
truth-concealing

only country

in which

it has

study the

natural

and

tranquilgrowth

influence

exercised

on

the future condition

is

and
principles,

they at lengthturned

time
contemplatetheir origin,
and

prevailingmanners,

nations

been

is called

supportingnothing.

of inquiry
has only come
spirit

the

in their latter
to

But

certain

of

we

explanation of

which

force

unknown

an

chains

and
edifice,

an

destinies

might explain the

borne

of

vault

the

with

there

and

broken

what

find the

established

here

are

fragmentsof

from

constitutes

then

conflict with

as

that

not

the habits,the
prejudices,

at variance

seem

now

opinionsas

those

hanging

see

should

we

which

certain customs

I doubt
history,

primary cause

rulingpassions,and
the

of their

monuments

of

been

possibleto

and
society,
of states

where
their

by

the

origin

distinguishable.
clearly
At

periodwhen

the

their

World,
formed

the

national

; each

of them

peoplesof Europe

characteristics
had

of its own

; and

had alreadyattained that stage of civilization

at which

studythemselves,they have

faithful

their
opinions,

century
America

the

America

than

Providence

The

their
has

possess, and

If

known

to

The
us

enough

to be

has

our

allowed

us

which

when

torch
to

the

which

discern

led to

of
picture

seem

series of
our

contemporaries.

day
the

the

nomena
phe-

conceals

obscurityof

human

the

causes

of

states

ments,
their ele-

destined

forefathers

fundamental

their

of the sixteenth

periodto judge of

day
the

they

as

earlier ages

time

that

own

predecessors into

given us

the world

from

New

are

accuratelyacquaintedwith

of

men

our

men

lightof

of

the

to

men

as

rudeness

removed
sufficiently

of their results.

historyof

Near

founded

were

and

from

well

ignoranceor

researches.

our

farther

us

consequentlyexhibitsin the broad


which

from

as

to

their laws.

and

manners,

almost

are

transmitted

in the

already completely

were

physiognomy

landed

some

to

see

events.

did

not

in the

past concealed

them.
we

examine
carefully

the social and

state
political

of America

28

after

studied

having
that

say not

not

its

opinion,not

an

emigrantswho
covered by
now

themselves
These

placedin

the

the same,

not

was

analogoussituation.

an

durable

most

the

school, and

right,and
their

in

that

of the

they were

in the

true

had

The

then

with

rife.

the

monarchy

England

had

headlong vehemence.
always been

debate,

and

was
religion

home

on

Another

and

the

of the house

been

mind

the

the
topicof discussion,

had

received

those

oppositeshores

remark,

to which

agitated

all

are

adventurers

parties

the protection
this

notions

the

greaterpart

of
of

the first emigrations,

it the doctrine

introduced

the

Christian
order of

new

of its

world

things

which
inhabitants,

argumentativeand

increased

morals

intellectual

by

of the
or

more

who

even

of Tudor.

deeper cultivation.

features

been

with

agitatedthe

the

of

the

became
reflecting,
had

all offsets

of free institutions,
was

plunged into

information

physiognomy

with

periodof

character

mankind.

in
perfected

English; and
people had been

have

The

All these national

reformed.
in the

sedate

General

austere.

the

they

language is

under

been

freedom, than

fruitful germe

religious
quarrelswhich

were

had

and

which

habits of the

of
sovereignty
of the

other

they governed

they were

conversant

more

of
principles

into the bosom

had

education
political

parishsystem,that

deeply rooted

each

unite

can

country which

European contemporaries.At
the

the

from

tie of

by the strugglesof faction,and in


obligedin their turn to placethemselves

of the laws, their

the territory

common,

The

tongue

same

Born

people.

same

been

rude

of

almost

to

occupy

and

for centuries
had

people

principles.

perhaps the strongest and


All the emigrantsspoke
from

periodsto

had, however, certain features in

men

all

were

that

even

will find the germe

Union, differed

the American

different

on

different

at

came

respects; their aim

in many

I may

work.

the whole
The

law,

present chapter,and the key

in the

all that is to follow

vinced
perfectlycon-

originof

the

which

of this book

readers

explain. The

will not

not

custom,

record

event, is upon

an

remain

shall

history,we

came

While

people

were

less discoverable
to seek

new

of the Atlantic.
we

shall hereafter

have

occasion

to

is

not only to the English,but to the French, the


applicable
and all the Europeans who
selves
established themSpaniards,
successively

recur,

in the New

World.

All these

European

colonies

contained

29

the

elements,if

Two

the

not

development,of

led to this result.

causes

complete democracy.
safelybe advanced, that on

It may

the emigrantshad
leavingthe mother-country
of superiority
another.
The happy
over
one
not

into

exile,and there

men

than

go

among

several

on

are

that

and religious
by political
quarrels.Laws
a

gradationof

ranks ; but

entirely
opposed

was

land
refractory
of the

it was

to

himself

prepared,its produce

was

and

master

farmer

broken
for himself.

the

Land

is the

found

was

landed

by

that
generation,

which
portions,
basis of

immense

fortunes and

are

property handed

is

no

of
liberty
and

lower
no

destined

land

ground

the

then

was

rally
natu-

proprietorcultivated

which
aristocracy,
clingsto
alone,nor by
by privileges
down

from
A

generationto

nation

may

present

unless those fortunes

; but

but simplythe
aristocracy,

then

to behold

the

mother-country,but

their

the

insufficient to enrich

the

of which

orders

class of

at
great degree of similarity7

All of them, from

of their settlement.

seemed

when

tions
exer-

of the poor.

that

All the British colonies had

epoch

; and

wretchedness

extreme

there
territorial,

the rich and

the

an

bringthat

interested

and

The

time.

establish

to

the soil of America

that

is constituted.
aristocracy

an

happened,however,
made

be

to

equality

were

constant

soil that supports it ; for it is not

birth,but

of

driven to America

necessary

were

at the same

into small

up

powerful do

territorial aristocracy.
To

into cultivation,
the

owner

the

notion

were

found

soon

and

It

of rank

persons

general-no

guarantees

surer

misfortune.

poverty and

occasions

no

in

growth,not
of that

historyof

their firstbeginning,
of the aristocratic

freedom

the world

of the middle
has

as

nished
yet fur-

complete example.

ever
howditFerences were
generaluniformityseveral striking
branches
Two
discernible,which it is necessary to pointout.
have
which
be distinguished
in the Anglo-American family,

In this

may

hitherto grown

up

south, the other in

the

the

in

sources

Europe

of national
;

the nations which

one

in the

emigrantstook
that mines of gold and silver
at that time singularly
lent
prevato empoverish
has done more

first Englishcolony; the


The

idea

wealth, was

fatal delusion,which

adopted it,and

than the united influence of


C2

the

north.

Virginiareceived the
of it in 1607.
possession
are

commingling;
entirely

without

war

has
and

cost

bad

more

laws.

lives in America,
The

men

sent

to

30

the infant

moral

more

of men,

orderlyrace

and

the level of the inferior classes in

The

this

the main

was

influence

prodigiousan

so

they were

in nowise

of these

above

ments.
settle-

new

troduced^
in-

slaverywas

which

exercised

has

all the

and

character,the laws,

the

on

when

circumstance

were

loftyconceptions,

No

foundation

scarcelyestablished

colonywas

and

althoughthey

England.}

the

intellectual system directed

no

; and

afterward

arrived
agriculturists

and

sans
arti-

The

uncertain.

its progress

rendered

colony,f and

and

resources

endangered
spirits

restless

and

turbulent

character, whose

without

without

gold,adventurers

of

seekers

Virginia*were

future prospects of the south.

Slavery, as

into

idleness

benumbs

and

southern

of the

oppositeshades

enter

into

combined
the

northern

states

of New

charter

conditions,that
silver

gold and
f

young

to

apt

more

pillage and

easilyled

who

bankrupts,

fraudulent

servants,

11

"

England,

Life

"

the

to

pay

into

their

than

to

kind

every

following works:

of

It

not

was

to

till

fix themselves

||The

negroes
states

six

now

5. New

in the

introduced

" Slavery was


twenty

time

some

on

the

banks

in number

Hampshire

first

were

New

land
Eng-

they then passed

lengththey imbued

fifth of the

other

produce of all

vol. i.,pp. 18-66.


(History of Virginia), were

Stith

and
the

glad

were

of the

others

settlement,
and

extravagance

to

class,people

same

the

were

principled
un-

ship off,dischira-ed
seditious
See

excess.

"

for the

tnefs
tory
his-

"

later that

certain

number

of rich

Smith.

English capitalists

colony.
about

the

of

river

England

of New

stitute
con-

1609, stipulated,
among

crown

parents

assist

to

of Washington,"

debauchees:

or

allowed

nated
generallydenomi-

at

in

the

States

of
principles

and

be

by

in the year
1624," by
History of Virginia,from the first Settlements
Stith.
of
William
Virginia," by
History
History of Virginia,from the earliest Period," by Beverley.

came

are

destroy

this band

of Virginia the

"

of

crown

should

family, whom

of

men

dition
con-

ideas which

the United

The

ones

adventurers, says

the

main

neighbouringstates

Marshall's

See

large portion of

the

adventurers

I may

colonies,more

distant

more

mines.

united
slavery,

modified

was

here

three

or

British

the

granted by
the

two

Engl and. ||

first to
the

; and

socialtheoryof

in the

to
successively

The

The

details.

spread at

of character

basis of the

the

English foundation

same

most

some

mind,

the

the social

and

manners

of

states.

the north, the

In

powers

influence of

The

man.

English character, explainsthe

the

to

of
activity

the

the

It enervates

distress.

pride,luxury and

idleness,ignorance and

with

society,and,

troduces
; it in-

labour

show, dishonours

afterward

shall

we

the
are

1. Connecticut
; 6. Maine.

year

those

1620, by

James.

See

situated

; 2. Rhode

to

Dutch

vessel, which

landed

Chalmer.
the

Island

east

of the

Hudson

; 3. Massachusetts

they

mont
; 4. Ver-

31

confederation.

the whole
its limits
New

foundation

colonies

education

and

speculatorsand
cannot

founded
of

with

land

which

all

England

Their

country.
the

union

of

people,neither

proportionto

their

number,

any

European

in

found

to be

singleexception,had

them

in

known

were

The

the

of

had

not

been

positionthey

abandoned

improve their situation,


or
them
; and

objectwas
The

the

from
in

founded

New

the

to

as

presented
lords

had acquiredfor
principles

is

of

ments.
acquire-

adventurers

out
with-

with

them

in the desert

what

most

pecially
es-

undertaking.They

their country, the social

they cross

the

their

means

Atlantic

to

their wrealth ; the call which


of

their homes

inevitable

was

tellectual
purelyin-

of exile, their
sufferings

idea.

they deservedlystyled themselves,

that

nor

many

their

and
regretted,

did

increase

facing the

emigrants,or,

to be

tive
na-

All, without

landed

But

of their

leave

New

of

possessed,in

and

by

children.

Nor

courts

their

once

England brought

comforts

an

of

time.

morality,they

one

was

than
intelligence

own

our

the aim

to

triumph of

pilgrims,
belonged
not

been

was

certain.

were

shores

good education, and

and

was

of

mass

of

to
obligedby necessity

subsistence

summoned

had

and

them
distinguished

Domingo

men

for their talents

Europe

their wives

accompanied by

at

These

greater

received

order

the

on

soil of America

nation

by

Australia.

poor.

emigrants of

elements

best

St.

independentclasses

nor

colonies

other

family;

rich

poverty

settlements

societycontainingneither

men

birth,or

Some

gain.

themselves

the

by

present day, the criminal

more

on

singularphenomenon

common

the

the

either

them

gave

all

original.The

t"ytheir

origin;

an

at the

established

belongedto

of

greedy

England supply the population of


settlers who

spectacle,and

driven

resources,

the

and,

novel

first inhabited

honourable

so

buccaneers

by

The

was

hill,which, after

singularand

been

without

adventurers

boast

even

was

were

have

from

their misconduct

and

England

attendingit

large majorityof
without

New

of

circumstances

the

of

lit upon

civilization of

glow.
The

The

around, tingesthe distant horizon

diffused its warmth

it has

world.

beacon

their influence beyond

extend

now

American
like

been

has

England

its

whole

the

over

They

English
them

the

sect, the
name

doctrine,but
merely a religious

of

it

of
austerity

the

whose

puritans.Puritanism

correspondedin

many

32

pointswith
It

the

this

was

tendency which

Persecuted

and

aroused

its most

had

the

by

democratic

of

government

of

republicantheories.
saries.
dangerous adver-

and
mother-country,

the

the

societyopposed to
forth to seek
the puritanswent
principles,

disgustedby
own

habits

the

part of
their

quotationswill

few

all

Gentle

say of

can

the

accordingto

of
spirit

these

Nathaniel

them.

of the

Reader

have

that

had

ton,*
Mor-

settlement,thus

opens

of this

plantationin

New

thereunto,

so, what

that
:
Scriptures

showing

to

the

Jacob

his chosen

works

in the

beginning and

plantedit ;

onelyso,

that

he

made

also that he

in respect of
God
especially

due;

so

blessed
of this

"New

also

may
some

saints,that

were

out

glory of

of
the

glory may
main

all unto
reach

instruments

take

And

not

strengthto

mountain

preciousgospel enjoyments:

of
and

whom

the
and

heathen

it to

8, 9).
his

land,
Eng-

that God

the

caused

guided his peopleby

the

New

; how

lxxx.

in the

of

his marvellous

cast

it,and

; that

children

plantingof

he

(Psalm

planted them

have
rays

land

hath

holy habitation,and

for

room

children,

our

the

of his mouth

; that

sacred

the Lord

remember
the

the

fathers have

from

praisesof

of

judgements

inducements

our

his servant, and

progress

it filled the

and

but

the

into this wilderness

vine

deep root;

the

and

hide

not

5, 6), may

cv.

writinghis

to

many

what

and

seen,

come

first beginners

in
plentifully

so

may

of Abraham

(Psalm

his wonders

brought a

4), we

generationsto
seed

the
especially

have

we

lxxviii. 3,

(Psalm

us

but

having so

of

memorable

many

commit

England, to

onely otherwise,

not

those

upon

successors

goodness,viz,the

that behalf ;

on
graciousdispensations

looked

immediate

the

of God's

time

length of

some

largeexperienceof

so

signaldemonstrations

told

for

I have

on
duty incumbent, especially

and

frequented
un-

"

those

his

and

subject:

as

and

live

lightupon

more

we

rude

their

in freedom.

historian of the first years

the

"

than

throw

rigourof

some

they could

world, where

the

pious adventurers
his

and worship God


opinions,

own

it

absolute

most

his inheritance

that

it is most
of those

names

the

beginning

happy enterprise."
England's

History," vol. ii.,


p.

440.

Memorial,"

p.

13

Boston, 1S26.

S"e

also

as

"Hutchinson's

34

is stillshown

rock

The

before

But

"

with

and

ocean,

they had

now

refresh them,

the winters

hideous

and

wilde

men

then

knew

not

upward

search

to

to

Heaven) they could

have

woods

they had

behind

passed, and
be

not

them, there
was

imagined that

the

scarcelyless

than
political

emigrants landed

the

"

whole

and

savage

mighty
bar

things

ocean

gulph to

or

doctrine.
religious

coast, described

to constitute

was

No

course

alreadyremarked,

I have

as

the

cognizanceof

no

of

puritanswas

the

was

had

sooner

Nathaniel

by

society,
by passing

"

In

the

This

bits of it

name

having

rock

that

which

the

all human

by

gateway^

few

great

of

England

outcasts

and

thousand

pressed
palaces
p

of the

37

for

in the

an

dust

God

is shared

as

States.

Does

soul

instant,and

and

United

Union.

is in the

greatness

ten,
underwrit-

are

names

gloryof

veneration
towns

nation, its very

Memorial,"

whose

sovereign lord King James,

for the

in several

power

We,

dread

our

objectof

an

Amen

undertaken

is become

feet of

it is treasured

"New

God,

carefullypreserved

show

the

of

loyalsubjectsof

"c, "c,

all

the

wild

in

content

or

followingact :f
the

main

pietyof

the barren

on

Morton, than their first care


the

as

that it took

worldly affairs. Puritanism,

of

(save

all the civil parts of the world."

kind, or
merelyspeculative

of

now

their eyes

the

was

beasts,

they

face, and

representeda

they

were,

being ended,

summer

thickets

there

little solace

weather-beaten

and

from

them

It must

with

looked

for

know

could
wilde

of

wilderness,full

but

or

seek

to

that

Besides, what

they turned

object;

entertain

to

ject
sharp and violent,subtravel to known
places,

be

to

soever

outward

passed

expectation,

winter, and they

was

way

for which

of God's

repairunto

to

of them

they

separate

inns

no

dangerousto

desolate

in

them

multitudes

country full of

which

them,

coasts.

what

in appearance

hue ; if

before

them

unknown

1 and

respect of any
stand

it

season

and

people's

this poor
admiration

to

less towns

of the country know

more

but

see

for the

much

or

cruel and fierce storms,

to

much

houses,

no

; and

succour

raised up

friends to welcome

no

historian,"let the reader

our

of troubles

sea

: for being now


preservation

in their
a

Plymouth.

pilgrimsdisembarked

the

to be

more

of

town

consider
seriously

and

pause,

them

goodnesstoward
the vast

which

pass on," continues

we

make

me

site of the

the

now

on

present condition,the

for

is

which

England

New

oi

not

of man?
this
a

Here

stone

relic

"

this

and

becomes
what

advance-

I have

seen

sufficiently
is

stone

famous
is become

35

faith,and

of the Christian

raent
a

voyage
do

of God

and

another,

one

civil

for
body politic,

into

and

furtherance

of

the

enact, constitute,and

colony:

most
unto

such

frame,

by

try,
coun-

the presence

ourselves-

and

and

ginia
parts of Vir-

orderingand

aforesaid

ends

together

preservation,

virtue

hereof

do

justand equal laws, ordinances,


time

from
officers,

acts, constitutions,and

thought

better

our

northern

combine

and

covenant

king

our

mutually,in

presents solemnlyand

these

by

of

first colonyin the

plantthe

to

the honour

meet

and

convenient

for

which

we

promise

all due

time,

to

the

shall

as

general good
submission

be

of

and

the

ence,"
obedi-

"C*
This
went

empireduring the

of sectarians

crowds

from

populationof

The

came.

hierarchyof

the

while

New

rank,

spectacleof

and

in full size

majorityof

classed
despotically
continued

to

tion
emigra-

L, drove

land
Eng-

classes,and it
the

emigrants

rapidly;

and

the inhabitants
the

racy,
democstarted

ancient

an

of

novel

dreamed^f,

of

fresh

In

in all its parts. A

midst

the

ravished

present

had
antiquity

from

panoply

increased

England

any which

perfectthan

more

the

of America.

in the middle

community homogeneous

Charles

the shores

to

mother-country,the colony

the

reignof

classes that the

middle

the

forward

political
passionswhich

whole

year

every

that time

strongholdof puritanismwas

the
was

from

and
religious

The

on.

British

the

in 1620, and

happened

feudal

society.
English government

The
which

On

littleattention
the

It seemed

as

of

of fresh discord

if New
the

the

paid to

was

rigourof

fancy,and

their

was

is

of the main

internal
always enjoyed more
political
independencethan the colonies of other

at

The
New

emigrants

Providence
submitted

42,47.

in

Haven
in
to

who

founded

1640, began
the

the

state

of Rhode

in like

approval of

manner

all the

by drawing

interested

in
up

parties.

it,and

sought a
to

ter
shel-

the dreams

and

freedom

nations ; but

social contract,

See

of their

causes

in 163S, those
the
1639, and

Island

1637, the first settlers in Connecticut

future revolutions.

innovators.

have
prosperity)

emigration

encourage

regiongiven up

one

an

the soil of America.

on

experimentsof

unrestrained

to

of

those who

country'slaws

England

and

done

destinyof

English colonies (and this

The

dissatisfied with

contrary, everythingwas

the

from

elements

the

removed

not

was

"

Pitkin's

who

more

this

landed

founders
which

History,"

of
was

pp.

36

nowhere

of liberty
was
principle
of New

the states
It
New

them.

became

British

The

century.

domains

his

of

governor

in the

World

and

individual

an

inhabitants.

the

governed

certain

allowing a
themselves

In

1628, "

This

the

was

to form

went

See

Documents

the

the

the

See
court

of the

the

than

United

in the

of

the

lands

and

consisted

constitute

political

to

her laws.

in

govern

This

was
liberty,

mode

adopted

colonyof

at

existence.

their

New

land
Eng-

dence,
Plymouth, Provi-

Connecticut,and

New

Collection

for

the

all these

It results

and

colonies of

But,

that

of

Rhode

York.

colonies,which

in this

Jersey, were
Papers

the

United

situation.

valuable

charters

other

and
States

from

their

granted by

relatingto
and

contents

the

tic
Authen-

of America,"

of documents

great number

are

various

of State

History of

the

from

external

origin.

35.

these

forms

These

given by
to

his

Mr.

king

Story, judge of

Commentary

documents
of

of

their

England,

that

on

the

the

supreme

Constitution

the

principlesof representative
into all
introduced
politicallibertywere

principleswere

South, but they existed

" See Pitkin's History, p.


by Hutchinson, vol. i.,p. 9.

charters

introduction

States, in the

States.

Massachusetts

11-31.

Historical

are

the

to

I. to

local governments.

analysis of

United

the

colonies

of New

Materials

them

among

government
the

as

of the

first acts

also
of

of

Hazard, Philadelphia, 1792, for

commencement

authenticity;
and

entitled,"

intended

Ebenezer

by

who,

granted by Charles

was

Carolinas, Pennsylvania, and

work

the

state

state

History, vol. i.,pp.

Pitkin's

the

in the

case

the

f Maryland,
See

sold the

to

to

crown

persons,

system

to

Europe.

all the civil and


more

third

contrary

this kind

of

charter

Haven,

New

or

;*

crown

the

by

and
mother-country,

not given
general,charters were
till they had acquireda certain

in

of the

New

England-!

who
emigrants

the

peoplethese

to

countries of

emigrantsto

not

was

sixteenth

the

the

the crown,

the

America

appointed

case

one

the

portionof

made

remarkably favourable

of colonization,so

only in New

of

of

number

in whatever

of

Lastly,a

of
protection

the

societyunder

of

orders

in which

been

sometimes

other

were

hands

control

immediate

company,!

and
inspection

the

ruled

tracts

fell into the

political
power
under

to

or

king

adopted by the

certain

of

grants

had

of North

coast

the end

the

the

under

this is the colonial system


Sometimes

kinds

choice,who

own

name

whole

which

by the English government

of several

were

nation

European

possessiontoward

used

means

the territories of the

periodthat

Nearly the

first to discover

new

at that

that

Worl4 belongedto

thus

in

England.

generallyallowed

was

extensively
appliedthan

more

more

fullyacted

upon

in the North

everywhere.

See

the

History of the Colony of Massachusetts

Bay,

37

Island,*were

without

founded

and
co-operation,

the

almost

out
with-

settlers did
knowledge of the mother-country. The new
from the head of the empire,although
not derive their incorporation
of their
they did not deny its supremacy ; they constituted a society
till thirtyor fortyyears afterward,
not
accord, and it was
own
under
Charles II.,that their existence was
legallyrecognisedby a
the

royalcharter.
This frequently
renders
the

it difficult to detect the link which

emigrantswith

the earliest historical and

the

of their

land

nected
con-

in studying
forefathers,

records
legislative

of New

England. They
of sovereignty
their
exercised the rights
perpetually
; they named
concluded
magistrates,
policeregulations,
peace or declared war, made
and enacted laws, as if their allegiance
due onlyto God.f
was
time more
ive
instructcurious,and at the same
Nothing can be more
than
of

the United

great social problem which

the

to the world

the code
in

States

present

now

is to be found.

these documents

Among

it is there that the solution

of that period
legislation
;

the

of laws

shall notice

we

istic,
characterespecially

as

the littlestate

promulgatedby

of Connecticut

1650.J
of Connecticut"
begin with
legislators

The

strange to

their

they borrow

say,

the

penal laws, and,

from
provisions

the text

other God

the

of

holy

writ.
Whoever

"

the

shall

preamble

of the

followed

by

verbatim

from

ten

worship any
code,

shall surelybe

"

twelve

or

Pitkin's

See

t The

yet headed

not

t Code
"
code
same

of

of Massachusetts

rape,

kind, copied

same

Deuteronomy.
punishedwith death ;

were

royalstyle.

the

28.

had

from

deviated

procedure of England

civil

and

by

1650, p.

Hartford,

the forms

in 1650

the

Hutchinson, vol. i.,p.

See

which

quotes

i.,p. 441,

curious

had

woman

married

also

the

had

punished

says

that

with

on

criminal

intercourse

lover.

Several

death

several

anecdote

this

years

by

persons

subject,which
had

with

Vol.

L"

of this

the

452.

actually suffered
occurred
young

thrown

in the
; her

man

the

for

year

on

1663.

husband

He

married

died, and
to

the

inson,
Hutch-

this crime.

publicbegan

into

penal

the
up

; and

of Massachusetts

law

elapsed,when

couple; they were


narrowly escaped capitalpunishment.

previous intercourse

served
pre-

justice

J 830.

alsp in Hutchinson's
History, vol. i.,pp. 435, 456, the analysisof
this code is drawn
adopted in 164S, by the colony of Massachusetts:
principlesas that of Connecticut.
vol.

are

of

decrees

See

||Adultery was

very

This is

History, pp. 42, 47.

inhabitants
in the criminal

were

put

says

and
Exodus, Leviticus,

and
Blasphemy, sorcery, adultery
,||
*

Lord,"

to death."

of the

enactments

of

the books

than

she

suspect the

prison,put upon

and
trial,

38

outrage offered by

an

the

people was

transferred

thus

The

of
legislation

The

penalty.

same

to

prescribedby
frequently
the guilty.
enforced toward

the

chief

of

maintenance

they

there

inflict

and

constantlyinvaded

The

is

reader
and

of the

misdemeanants

if the records

; and

of this kind
be believed,prosecutions

find

sentence

and

reprimand

on

of

with

drunkenness

and

than

more

in

abounds

of 1650

flogging. In

judge

far

so

goes

Code

of

these

1650, p.

48.

Haven

infrequent.We
of

accused

was

be

to

It

using

kissed.f

conduct, was
accomplice.

The

punishesidleness
forbidden

nish
fur-

to

; and

fine

or

the
entirely
forgetting
places,the legislator,

seems

each

other,

to

be

to

is

as

happened

have

seen

in

that

Margaret

and

afterward,

the

jndge

Bedford, convicted
to

with

even

pronounced

sentence

which

whipped,

upheld
and
compulsory,||

punishment,!!and

severe

sometimes

It
to

himself

he had
service

divine

on

Antiquities,p. 114), by
condemned

the

a fine
May, 1660, inflicting

preventivemeasures.

attendance

punishments

Haven

(New

of New

not

allowing herself

visit with

to

as

sons
per-

empowered

was

quantityof liquorto each consumer


is checked by
it may be injurious,"

other

Europe, renders

laws

marriage,*on

were

toleration which
of religious
great principles
in

these

certain

munity
com-

unmarried

severity
.J Innkeepersare

simplelying,whenever
a

in the

which

between

who

woman

young

improper language,and
code

the firstof

bearing date

rarely

conscience,and

of the old courts

may

never

penal laws,was

of

rigorwith

severelyrepressed.The

was

subjectto magisterial

not

intercourse

nity.
commu-

more

morals

domain

the

moral
death

of

pecuniary penalty,a whipping, or

half-civilized

never

good

they did

aware

adultery;

likewise

was

orderlyconduct
sin which

punished rape

punishmentof

in this body
legislators,

scarcelya

was

censure.

to

of the

care

expiatedby

and

the statute, and

more

The

rude

be

to

enlightenedand

an

that the

was,

consequence

his parents, was

to

son

marry

Nicolas

added
super-

in" 1643
of

loose

Jemmings

her

Antiquities,p.

Haven

New

History for several

also Hutchinson's

See

104.

causes

equally extraordinary.
}

Code

of

1650, pp. 50, 57.


|| Ibid, p. 44.

" Ibid, p. 64.


^T

13th

This

not

was

peculiarto

accursed
statute

banished

September, 1644,

of

(HistoricalCollection
quakers,passed on the

country.

The

14th of

heavy fine

quakers who

See

for

ana-baptists

October,

called
on

the

instance

from

Papers, vol. i.,p. 538.)

of State

of heretics

race

inflict

Connecticut.

all
may

"

1656.

quakers

has

found

See

Whereas,"

there

the
state

law

also the
says

which,

the

on

of Massachusetts.

the

The

law

against

preamble,
clauses

"

the
an

of the

up," "c.
import quakers into the
and
imprisoned
shall be whipped

sprung

captains of ships
be

the

who

should

39

ritual

thus

It must

of tobacco.f
laws

vexatious

freelyvoted

community

the

laws.

In

These

errors

firm hold

of

and
spirit,

two

of

still

were

is to be

New

the
affairs,

free

be

ventured

of

manners

to

is

reason

the

are

reduced
with

of
had

the

hundred

two

of modern
in

Britain,in

recognisedand

determined

Europe,
the

enteenth
sev-

by

the

the

people in public
of authorities,
responsibility

of taxes, the

trial

of

age.

in Great

of

by

people,a body

groundwork

intervention

penal

warmed

been

the

the

sectarian

narrow

to

this

known
imperfectly

were

they

incapable of laying

is often

our

by jury,were

all

established
positively

of

By the
colony

State

penal
after

been

made

such

the electoral

as

no

members

of the

imprisoned,and
Papers,
law

of

having

vol.

once

Code

of

X
"

New

England's Memorial,

this is

sect

who

of

out

been
in

derived

Europe

has

1638, p.

17.

defend
the

its

be

of
origin,

understood,"

their

opinions shall

province.

(Historical

i.,p. 630.)
driven

catholic

any

out

of

it,was

priest who
liable

1650, p. 96.
of

nation

readilyto

should

finally driven

Massachusetts,

been

Constitution

have

body consisted,from

of citizens ; and

Those

fined, then

principles,
consequences

attempt.

number

labour.

Collection

the

to

Connecticut

hard
first

all

voting

fruitful

these

the whole

with

human

of the liberties of

England

applicationshave
In

they were

discussion.

From

yet

and

in Boston

found, which, though written

were

"

and
personalliberty,

and

to the

fermentingamong

which
principles

"

century

without

use

than
puritanical

formed

strikingmarks

completelytriumphant even

of

the

strict connexion

which
general principles

constitutions

laws

that

was

just,and

In

such

ago, is stillahead

not

:
particulars

fantastical

that

religious
passionswhich

those

laws
political

and

excesses.

bears

and
persecution,

The

of his

prohibitsthe

more

nature, which

our

is true

what

which
legislation,

and

association

discreditable

doubt

no

are

upon

alternative

years

and

austere

solemn

of
inferiority

the

attest

which

interested,and

more

even

frivolous

most

code

same

zeal

worldlyluxury of long hair. J

the

check

all the persons

1649

indeed, the

but
imposed by authority,

not

were

to the

accordingto

forgottenthat these

be

not

were

by

the

in the

found

is to be

law

to descend

him

induces

Sometimes

own

God

worship

to

his

from
differing

enactments

chose

who

Christians

death, the

p. 316.

See

Appendix

E.

to

should

set

foot

capitalpunishment.

in

40

when

recollect

we

equalityof fortune, and


Connecticut,

people enjoyed

the
of

elected,includingthe governor
of sixteen

the age

readiness

in

all times

! itself at

bear

formed

and
officers,
for the

march

to

were

citizens above

they

arms;

appointed its own

militia,which

capacity.*In

state.f The

the

perfect

functionaries

executive

obliged to

were

almost

an

still greater uniformity


of

period,all

this

at

this

that

tional
na-

hold

to

was

defence

of the

country.J
of Connecticut, as

In the laws

independence,which
of

nations

existence
political

The

of the social

members
said

be

that

of

the nucleus

which

around

and

duties,collected and clung.

real

life,most
political

colonies

monarchy

established
The

by

In

the law

community

In

1641

free

citizens,who
Code

of

state

of

was

alone

1650, p.

t Pitkin's History, p.
" Code

at

1650, p. 80.

had

of
activity

republican.The

the

mother-country;
ready
al-

republicwas

kind, rated

every

the

townshipsof.New
the affairs

to be

struck

Island
and

that

make

by

the

of
markable
re-

of government, and the advanced

they display. The

Rhode

right to

this first era

promulgatedat

were

unanimously
the

the

was

power

laws

and

to

ideas there

declared
vested

watch

Constitution

of

1638, p.

that

in the
their

70.
47.

citizens.

democracy,
the

township

Athens, in the market-place,

the science

general assembly of

the

the

adopted, but

not

it is impossible
not
republics,

the
of

government

of

taxes." In

own

which
theoryof legislation,

and

magistratesof

as
discussed,

with
acquaintance

county, the

definitively

to the

scope

gave

supremacy

own

generalassembly of the
studyingthe laws which

the American

It

wTas
representation

were

the

township.

their

of

hand, it may

interests,
passions,
rights,

of the state ; but the

levied their

themselves,and
of the

in every

named

towns

England

law

still the

was

local

thoroughlydemocratic

recognisedthe

still

other

independenceof

the

the

and
society,

completelyand

The

1650.

earlyas

as

the

on

liberty

the Union.

before

England, townships were

Newr

constituted
was

state

township

to the different

organized before

township was

the

county before the state, the


In

In America,

body.

land,
Eng-

majorityof

communicated
graduallyand always imperfectly

was

of

of the

superiorranks

in the

commenced

Europe

that

mainspringof American

is the life.
and

present day.

at the

in all those of New

as

gradualdevelopment of

and

find the germe

we

well

12.

the

body

tion.
execu-

42

to be

beginning of

the

seventeenth

the

everywhere triumphed

the

over

liberties of the middle

ages.

completelyconfounded

than

of

Europe

people;

and

scorned
the

unknown

or

of

condescended

produced

was

the

stand

(/

I have

would

Nor

"

is

liberty.There
by

all the

and

is

and

whatsoever

libertyis

This
the

are

crosses

authorityset
off the

shake

over

at the

The

honour
remarks

and

he

was

of

the

state.

See

by
of

power

made

Christi

of

but
after having made
acquitted by acclamation, and

the

of

way

all but

this

But
end

proper

is

hazard

the

sistent
incon-

liberty,

and

peace,

there is
and

object

very

lives,

distemper thereof.

to authority
subjection
; and

such

have

as

by
liberty,

for your
a

good,

to
disposition

their

murmuring

authority."
will

suffice to

displaythe

character

This
Americana, vol. ii.,
speech was
p. 13.
having committed
arbitraryactions during

from

own

just and good

of your
a

your

is
liberty

of truth

only which

lose their true

and

this

will,in all administrations

unto

accused

of

is affected both

againstit.
is the

general

"

point

enemy

In

might

man

restraint;by

grand

dent
prece-

amid

which

but
authority,

you

I have

Magnalia

Mather's

Winthrop;

yoke

the

is
it,'
in

man
states-

yet brought

as

:*
liberty

with

not

not

pronounce

to stand

maintained

quietlysubmitted

be

all

that

reason

the citizens.

had

list; and

bent

are

libertyfor

liberty
you

God

future

human

authors,a

in

which
liberty,

federal

it
authority
;

for this

they

;' 't is the

of

ordinances

moral,
a
civil,
of

mistake

what

do

to

deteriores

omnes

sumus

which

definition of

impatient of
authority,

with
'

imaginationof

people,and

to

you

the

culated;
widely cir-

without
legislation

nor
philosophers,

free

ture
litera-

the

as

that

humble,

libertyof corrupt nature,

beasts

and

men

to it ; and

followingline

the

acclamations

accepted

so

democracy,

less

theories of the

obscure

of

rightmore

splendour and

freedom

were

by

face

in the

up

and

off-hand

nor
generals,

neither

forth

this

of

bosom

of

the

feudal

which
principles,
were
Europe, were
proclaimed in

boldest

attend

to

of

at

had

monarchy

political
activity
among

true

community

Europe,

those

nations

The

of

notions

of the

less

fail

cannot

and
oligarchical

the

were

time,

World,

by
practice

into

put

were

there

the

by

great people.

of the

in the midst

very

of the New

deserts

creed

that

at

ruins

of
principles

the

were

never

continent

the

century, absolute

Never

was

never

period,we

same

On

astonishment.

with

struck

the

continent,at

of the

that

peciallyto

"

speech of
that

time

Marshall, vol. i.,p.

which

forward
166.

the
he

above
was

made
his

of

by

tracy,
magis-

is a fragment, lie was


always re-elected ernor
gov-

43

Anglo-American civilizationin
this should

constantlypresent

be

in America

with
of

I allude to

another.

one

mind)
in

been

of

but
frequent hostility,
combined

of religion
and
spirit

the

(and

distinct elements,

two

admirablyincorporatedand

been

have

It is the result

light.

the

to

placeshave

in other

which
which

its true

the

spirit

liberty.
settlers of New

The

and

their

daring

England

innovators.

religious
opinionswere,

at the

were

Narrow

time

same

limits of

the

as

free
entirely

they were

ardent

from

tarians
sec-

of

some

political

prejudices.
Hence

tendencies,distinct

two

arose

constantlydiscernible

in the

manners

but not
well

as

which
opposite,
in the laws

as

are

of the

country.
It

might be imagined that


their native

family,and

in the

purchased
comforts

the

dear

so

for the

they strove

as

Political
and

in which

they were

altered at

which
principles

path without
the

doubt

or

to

of the
which

obedience

world

of
curiosity
his

formidable

institutions

man

before

for ages
a

but

faculties,he

at the

society

; the

old

more

; a

opened

to

limits of the

discreetly
lays aside
no

longer consents
raisingthe

submissive

respect

to

to
tain
cur-

truths

world, everythingis classed,adapted,decided,

disputed:
the

were

discuss.

in the moral

; in

no

horizon,were

researches, he

yieldswith

he

them

were

innovate, but carefully


abstainingfrom
sanctuary,

Heaven.

to

and

down

field without

checks

foreseen ; in the
and

and

ardent

he

broken

were

ferior
scarcelyin-

world, was

laws

which

enjoyment,and

pleasure; the barriers of the

governed the

turn, and

he will not

Thus
and

had

of his most

use

their

moral

themselves

all human

they

however, with

energy,

they devoted

born

exploringand

world
political
the

which

and
principles,

moulded

The

sorbed
ab-

which

advantages

the liberties of the

as

friends,their

conviction,were
religious

intellectual

the
rate.

sacrificed their

acquirementsof wealth,

well

that with

to

land, to

pursuitof

at

who

men

world
political
in the

other

an

one

is

tain,
uncereverythingis agitated,
passive,though a voluntary

independence,scornful

of

experience

jealousof authority.

These

two

tendencies, apparentlyso

conflicting;
they
other.

advance

together,and

discrepant,are

far

mutually support

from
each

44

Religion perceivesthat
the faculties of man,

the freedom
with

the

and

Religionis

field

its

reignsin

it

companion
of its

of

to

prepared
with

sphere,and

own

the

never

of

hearts

men

strength.
in
liberty

divine

the

infancy,and

all its battles and


of its

source

The

REASONS

OF

CERTAIN

ANOMALIES

Remains

of aristocratic

Distinction

THE

WHICH

ANGLO-AMERICANS

THE

"

exercise

and moralityis the


safeguardof moralityis religion,
securityof law as well as the surest pledge of freedom.*

claims.
best

is

enjoys in

its native

beside

the cradle

triumphs;

it

when

than

less the

no

noble

intelligence.Contented

the

which

occupies,the empire of religionis

it

unsupportedby aught
its

world
political

power

surelyestablished

more

the

that

and

place which

the

libertyaffords

for the efforts of

the Creator

by

civil

Institutions

carefullyto

CUSTOMS

OF

PRESENT.

of

midst

in the

be drawn

AND

LAWS

between

complete Democracy.

is of

what

Puritanical

and

Why

"

what

is of

English Origin.

The
an

reader

inference

and
religion,

is cautioned
from
the

immense

an

Nevertheless

it

not

wrhich

themselves

and

: no

the

absolute

too

condition,the

destinyof

found

to

man

own.

the present

what
distinguish

is of

their
a

country.

new

state

of

off the

shake
entirely

can

things

tarily,
involunor
settlers,
unintentionally

notions

their
exclusively

Anglo-Americans of
to

the

on

derived

from

traditions of their country, with

were

social

The

in their power

of the past ; and

the

generalor

too

said.

been

influence
was

draw

to

of the first emigrantsundoubtedlyexercised

manners

mingled habits
from

has

what

originating
solelyin
influence

not

their education

To

those
form

habits and

day, it is therefore

from
puritanical

notions

judgement

necessary

what

is of

and

on

the
fully
care-

English

origin.
Laws
States

and
which

customs
contrast

be

to
frequently

are

strongly with
*

See

Appendix

all

F.

met

that

with

in the United

surrounds

them.

45

laws

These

of

tenor

less

colonies

had

I shall

in the

of

case

the

It is evident

always

only

wait

The

for

his bail.
reducible

which

So

that

fines.*

to

law,

themselves.

found

be

in

penaltiesof

for

be

Americans

of

of their

not

is

if he

tress.
dis-

to

readilyelude

law

ing
break-

for

him,

aristocratic than

this

it is the

are,

who

make

greatest social

tages
advan-

the

which

retained

have

has

and

may

the

more

the

laws

cussed.
dis-

then

are

delinquency,by

explanation of

be to the tenor

they may

in America

the

tion,
accusa-

man

cause

he

all the

The

the

or, in

contrary, always escapes

him

can

taken

speedilyreduced

awaits

England;

the

and

is

more,

nay,

Nothing

of

poor

civil

only

is hostile to the poor

The

the

they usually reserve

and

to
to

in

has

defendant,

ground

rich.

justicein prison,he

Yet
system of legislation.
the

the

to

civil causes;

punishment

the

this kind

wealthy individual,on

imprisonment in

I advance.

charges againsthim

the

be insoluble.

first measure

The

the

to produce, even
security

obligedto

the

him:

origin

would

Americans

the

securityfrom

of
legislation

favourable

and

man,

that

of

bail.

or

exact

importanceof

to illustrate what

English

if their

or

no

_are

the

problem

years, the

ing
prevail-

the

customs

of darkness,

procedure

incarcerate

refusal,to

and

to

these

society. If

of

age

committal

"

magistrateis

the

by

an

lapseof

criminal

of action

means

spirit
contraryto

tone

singleexample

civil and

The
two

quote

in

founded

been

alreadylost

was

general

the

to

in

up

legislation
; and

American

the

opposed

drawn

to be

seem

them,

poor

is

phenomenon
speak
however

and
legislation,

lish,!
Eng-

are

nant
repug-

the

of

mass

their ideas.
Next

to

is its civil

legalmen,
whether

them

some

are

nation

is least apt to

bad, simply because


The

body

of the

change

known
only familiarly
them

as

they

to
are,

sant
converare
they themselves
nation is scarcelyacquainted

cases
merely perceivestheir action in particular
in seizingtheir tendency,and obeys them
difficulty

reflection.

Crimes
See

or

it

laws

direct interest it is to maintain

them.

but it has

"

legislation.Civil

good

without

habits,the thingwhich

whose

with
with

its

no

doubt

Blackstone

exist for which


; and

bail is

Delolme, book

inadmissible,but they are


i.,chap x

few

in number.

46

have

adduce

quoted
a

surface

covered

with

aristocratic

of

number

great

The

instance

one

of

colours

American

layer

where

sometimes

would

been

have

to

easy

others.

society
of

it

democracy,
peep.

is, if
from

may
beneath

use

the
which

expression,
the

old

47

CHAPTER

SOCIAL

CONDITION

is

condition

social

it may
exists,

laws, the

the

nations

and

and
legislation

the

two

united ; but

causes

the

as

ideas,which

the

it does

whatever

the result of circumstances,sometimes

considered

be
justly

usages,

ANGLO-AMERICANS.

THE

commonly

source

ever
wher-

of almost

all

conduct

of

regulatethe

produce, it modifies.

not

if

is,therefore,necessary,

It
the

OF

still of these

of laws, oftener
it

IH.

would

we

of

manners

acquaintedwith

become

the

nation,to begin by

study

of its social condition.

THE

STRIKING

CHARACTERISTIC

OF

ANGLO-AMERICANS

The

South.

produced by
of the

West.

Many

of

this
"

the

of

precedence

Change.
Democracy
Equality of Education.

the
of

"

rest.

"

Change

carried

and
colonies,

The

; this was

is still more

CONDITION

to

Aristocratic

in the

its utmost

there

in the

Limits

is

upon

"

new

the

which

one

Effects
States

social
takes

of the Americans

social condition
its character

introduced

Laws

of Descent.

Law

suggest themselves
but

THE

OF

DEMOCRACY.

Equality.

Anglo-Americans;

all the

SOCIAL

ESSENTIAL

Their

"

Revolution.

"

eminently democratic

of the

ITS

important observations

condition

is

Period

"

England.

of New

first Emigrants

in the

IS

THE

at

stronglymarked

the
at

foundation
the

present

day.
I have
among

stated in the
the

existed
precedingchapter that great equality
emigrantswho settled on the shores of New England.

48

The

of

germe

Union.

The

; the

used

the

over

power

if it had
aristocratic,

) father to
This

of

the state

was

which

the

names

the

as

blems
em-

of their fellow-citizens

might trulyhave

capable of

invariable

In

been

quired
ac-

called

transmission

some

importedwith

them

I have

descent.

establish

from

aristocratic

and
principles

explainedthe

in
aristocracy

the

to

case

southwest

settled,who

the

had

English law

it was

why

reasons

less force to the southwest

with

situated

states

the

to

Floridas,the

had
great Englishproprietors

powerful

of the Hudson

east

in the direction of the

of the

most

of the Hudson

the

thingsto

of that river,and

different.

to

been

Some

of

part

that of intellect

was

certain

reverence

rest

there

that

son.

southwest
was

to

obtained

virtue.

and

knowledge

plantedin

never

which

only influence

people were

of
a

was
aristocracy

of

impossibleever
these

America;

of the Hudson.

reasons

isted
ex-

In the

south,

one

aided

man,

it

therefore

was

their influence

in

by slaves,could
not

Europe,

since

of their

the great

but it

was

too weak

shaken
taken
it had

to

the

same

But

to be

the

off the

we

are

people,in
desire of

yoke

of

kind.

felt,and

forming the

and

of

centre

headed

the

tred
ha-

or

the insurrection
lution.
revo-

speaking,societywas

now

whose

the

name

strugglehad

the authority
which
exercising
were

awakened

; and

it aspiredto
mother-country,

influence of individuals

and

the

embraced
easily

excite either love

to

tendencies

The

custom

Still,

superior

the best leaders of the American

its democratic

of every
ceased

the

constituted

class which

the

which

place,conceived
acquired;

is understood

patronage.

interests it

short-lived

furnished

its centre

that term

aristocracy
sympathized with

of

too

was

period of

having thrown
'

kind

and

This

in the south, and

the

of its own,

tastes

This

Hudson

people,whose passionsand

for itself.

At

of the

south
proprietors

the

as

try
coun-

proprietors.But

them, and consequentlyno

class,having ideas and

body of

rich landed

see

of

extent

vation
they possessed no privileges
; and the cultibeing carried on by slaves,they had no

estates

action.
political

great

aristocratic
altogether

depending on

tenants

to

common

was

cultivate

law

united

dependence
in-

gradually

togetherto produce

result.
the law

of descent

that ancient

and

was

modern

the last step to

equality. I

have
jurists

attributed to this law

not

am

prised
sur-

50

tion.

effects,
however,

The

after
for

working;
in

France

as

is,the

would
But

the

upon

than

poorer

exercises

bringstheir passionsinto play.


the

children

two

(and

is not

number

of

own

above

both- parents,

mother.

or

its influence
minds

of

merely

not

heirs,and

the

indirect consequences

These

of

destruction

ceptible
per-

its

to

the fortune

it affects the

but
property itself,

powerfullyto

them

their father

equal division

of

law

the

be

not

was

average

three),these children,sharingamong

only be

abandoned

consist of

supposinga familyto

country peopled

would
legislation

such

time, if the law

lapseof

of

tend

of
especially

large fortunes,and

largedomains.
nations

the

Among

whose

law

landed
right of primogeniture,

generationwithout

to

is,that

which
with

the

whose

family;
its

and
the

The

When

is

and

must

in

the

them, may

their

father,but

did ; their riches

be

not

from

generation

degree incorporated
estate, the

imperishablememorial

an

of

is established

entertain

; the

property

to

ceases

hope

possessingthe

diminish,

to

or

or

of

the

if fortune

being as wealthy

of

property

same

be composed
necessarily

one

sons

in number,

few

the

sent
repre-

after

divided

tendency

constant

the

the

by law,
family feelingand

inevitablybe

of

the

estate

its glory,its power,


origin,

completelydispersed. The

that

of

consequence

future.

evidentlya

indeed

must

from

the

the

sooner

when

moment

you

preservationof

association,from

and
tradition,
or

pecuniaryinterest

of

he

as

ent
differ-

elements

in favour

of

landed

togetheragain3

estates

which

for the small

which

his estate
from

later he will

divest the land-owner

disposeof

of

derives

he

familypride,you
it ; for there

is

from

be

may
a

that

tain
cer-

strong

as
floatingcapitalproduces
selling,

higherinterest than real property, and


gratifythe passionsof the moment.
Great

the

the

upon

his.

interest in

that

it must

has

end

befriend

Now,

its

if they are
proprietor,

landed

from

certain

destroyedbetween

family; for, as

it
generations,

as

the

paternalestate

the

two

great

to

perpetuated in

pledge of

connexion

of
preservation
the

The

of property
equal partition

the

intimate

division.

togetherwith

thus

sure

pass

familyrepresents

name,

virtues,is

past, and

undergoing

is founded

often

estates

familyfeelingis

estate.

of descent

have

once

is

more

been

draws
proprietor

readilyavailable
divided, never
from

his land

to

come

bet-

51

ter

in

revenue

of

sells it at

he

course

than
proportion,

more

powerfullyinfluence

them

into

self-love.

it were,

as

idea of

landed

selfishness

seeks

idea

the

law

the

of

the inclination

in

to

co-operate

measure

some

law

of

of

root

and

fortunes.f

who

of

being

the

extinction.

own

in

succeeds

so

ing
act-

questionits

makes

he

families

by

up

tury,
cen-

which

the

influence.

land

his

It

better,but

his

it

strikingat

changes

proprietor cultivates
that

by

of the nineteenth
social

pass, to

care

with

the

of

desire

marriage,

or

by

the

incites

from

the

and

the

add

being divided

leads
to

ad

possessions,certainly not

estate

trade, he

which

income

make

them.

small
than

is

This

keep them

great

it often

divide

labour

he

for his

up

strong
in the

is

enough

found

lingly
wilthese

ly
habitual-

information,

less

by inheritance,by

that

the

there

means.

exists

is sufficient
to

who
But

rest.

generally occupied

with

estates,

same

it,and

has

one,

which

viduals
time, rich indi-

to

longer

no

who

happens

their

time
obtain

of the

furnished

tendency,
not

is

land-owner,

gradually

to

men

to

sure

property

the

; and

infinitum, is
to

to

for landed

passions,

of

in order

The

poor.

fewer

find,from

we

sacrifices

great

preference

chances

to

of property,

part of their

increasing his

tendency
them

kind

make

to

The

class but among

any

balance

stable

most

cases.

imagination,

rial

and

compels them

dispersingrapidlyboth

and
political

the small

ardour

entire,but

methods

two

it

by influencingpersons,

for us, Frenchmen

the

that

say

more

less

estates

it not

considerable

accidental

which

of

that

render

domains

in their

law

the

means

property, and

disposed

are

forfeit

to

than

means

skill.

who

in

to

mean

it with

f Land

are

landed

dailybehold

not

the law

persons

is bringing to
partition

I do

ment
establish-

the

attempt it,and

to

with

upon

these

is
certainly

Most

want

acts

things. By

the

other

equal distribution proceeds by

things,it

upon

cultivates

man

more.

their ancestral

it deprives them

of

uncertain, a

partibleinheritance

of

difficult for families to preserve

law

the

perpetuatinghis family,or

of

accomplishit by

to

does

only

not

affects

no

When

play.

providesfor

; he

himself,

espritdefamille

indeterminate, and

vague,

gives up

man

he

the
into

comes

illusion of

an

estate.

Thus

The

to unite

immortalize

great-grandchildren.Where

and
succeedinggeneration,

the

rate

any

gain,

will still

estates

upon

perpetuate and

to

act, individual

Either

of

domain,

small

founded

often

of his present convenience


of

at

wishes

familybecomes

thinks

sell his

to

againstbuying

familyprideis

man

in his

to

ceases

him

calculations

The

man

his ; and

large one.

is called

What

rich

the

does from

largeowner

higher rate*

decided

therefore,which

the

create

family.

Thus,
another,

to
prevent
great territo

52

is

perpetuallyconspicuousin

of

dwellingsand

our

country, overthrowingthe walls

our

of

landmarks

the

removing

fields.

our

But

althoughit has produced great effects in France, much stillremains


and habits,present powfor it to do.
Our
recollections,
opinions,
erful
obstacles
In

to

United

the

and

laws

entail

there

all the
was

of

progress

the

aspect

of

the

Most

; and

of

I do

not

in the United

where

taken

lapsed

into

one

of

no

stronger hold

picture,which

gives a
states

bold

very

which

adventurers
the

and

direction
from

years

and

The

The

of the

mass

communities

their wilds

is

tition
par-

the love

and

men,

theoryof

the permanent

with

ceivable
incon-

to find two

thought overcharged,still
in

taking place

At the end

populationvery
unheard

of

individuals

affections of

the

on

of the last

of

See

till then

names

place in

began to

soon

were

the

Appendix

G.

were

not

American

the

century

penetrate into the valleysof

their

last trace

country, indeed,where

of what

states, whose

before,claimed

cians.
physi-

law

the

"

of

sons

full enjoyment of it.

southwest.
to

with

their heads

keep

destroyed

perhaps be

may

began

families

tained
formerlycon-

obscurity.

is expressedfor the

the

imperfectidea

of the west

than

; the

equalityof property. But wealth circulates


and
experienceshows that it is rare
rapidity,
This

the

little more

of wealthy
deficiency

is any

I know

in
succeedinggenerations

celled
par-

level.

profounder contempt

to be

commingled

still

who

of

merchants, lawyers,or

distinctions is

and

States

has

money

have

all

York,

circulation

shortlydisappear.

become

that there

mean

almost

of

rapid with

more

lapseof

but two

they must

all to

reduced

after

of New

are

have

them

and

more

in

law

began

societyis totallyaltered

of

these,there

ranks
hereditary
has

became

English

The

free

estates

struction,
de-

abolished

revolution.

away,

proprietorsare

opulent citizens

these

passed

The

were

interruptthe

to

In the state

stream

property

of the

this moment,

landed

generalmass.

above

of

change

the

many

of

the

At

great

not

as

time.

sixty years,

time

the

at

of

of

work

its results.

study

transmission

first having

and

nearlycompleted its

best

can

we

states

The

out;

it has

modified

so

property.*

the

progress.

States

concerning the

almost

of

its

new
a

few

the Mississippi,
in that

move

seen

to

emerge

in existence

Union

and

few

in

53

the western
most

settlements

inhabitants

chance, the

another, the

populationhas
great wealth,
virtue.

and

nor

None

before

good

their eyes.

; but

It is not

societyhas

only the

their

even

to the

time

within

by

first elements

there

live without

fifteen

is with
as

up

when

ours

age

done

tissage. Les

is

does
as

d'exercer

une

be

fact the necessary


Almost

all the
obtain

the

lucrative

une

les
:

peu

the

only branch

fairlyrender
:

the

de

riches

afterward,

science is taken
is attended

of it which

application.
practical
of the

meaning

author.

The

professionexige

toute

de

annees

education

unit

donner
la vie
le

les Americans

tous

; presque

done

peuvent

premieres

ainsi leur

education

"

profession. Or,
ne

object;a

immediate

an

their

is done

Whatever

of life.

earlyyears

thus

and
calling,

begins.

of

the

to

la culture

quinze

plus

souvent

appren-

an

generate de

ans,
a

ont

ils entrent

l'epoqueou

la

commence."

notre

What
and

Americains

carriere

not

follows

il y

l'intelligence
que
dans

their

admits

as

Amerique

besoin

is

scarcelyto

therefore

can

portion
pro-

at the

instruction

is

above.

instruction

of

of business,and

is such

originalFrench
En

where, in

Primary

surprising;it is in

specialand

to some

[This paragraph
"

ty.
uniformi-

same

are

upon

matter
to

the

America;

knowledge.

they enter

view

in

uninstructed, and

circumstances,and

limits the time

at the

habited
alreadyin-

are

equal

are

advanced

doing

them.

few

so

which

comparativelyfew who are rich enough to


profession.Every profession
requiresan apprenticeship,

which

of the west

degreeof

are

and

names

life spent in

country in the world

have

we

of human

In America

ends

This is not

in easy

are

of

which

some

great

everybody; superiorinstruction

of

any.

of

among

men

other's

respectable
power

individuals.

learned

of what

Americans

is

there

few

so

consequence

At

of

population,there

the reach

obtained

existence

no

fortunes

believe

that

states

new

aquirementspartake in

I do not

same

The

each

to

of knowledge
aristocracy

remembrance

the

to

by

were

the
continent, therefore,

influence

there to wield

are

it

as

ignorantof

that of the natural

even

its ut"

at

yesterday. Scarcelyknown

experiencedthe

not

off hand, and

American

the

arrived

democracy

neighboursare

nearest

willinglygrant

men

but of

are

this part of

In

history.

behold

may

states,founded

In these

extreme.

one

we

thus

is meant

by

the remark,

their education
is not

is very

that
often

clearlyperceived.

"

at

fifteen

finished

Our

at

they enter
epoch

the

men
professional

upon
when

enter

a
ours

upon

career,
mences,"
com-

their

54

of

course

preparationfor their respectiveprofessions,


wholly

and

twenty-one

of age.

years

fourteen, but what

at
ordinarily,
period. Previously,they have

arithmetic.

writing,and
in

America,

they

the

age

the

at

commence

himself

In

America

those

who

have

had

time

for

taste

is at their

disposalthey

is

class,then, in

no

which

by

is

there

approach as
they

found

to be

Of

it

they

as

intellect

their

thingswhich
the

we

the

of

the

its birth ; and


at

any

any

rate

so

degree

The

the

for intellectual

and

leisure,

and

the

cordingly
Ac-

of

power

; some

can

should

they rise,others

as

multitude

of

of ideas

persons

But

God,

and

The

cannot

man

in consequence

are

tory,
hisreligion,

on

and government.
legislation,

vent
pre-

of

of the state

represented,it happens, that although

as
widely different,

are

knowledge.

be, they

the Creator

submitted

are

less
has doubt-

the

to

same

thod
me-

treatment.

America

In

here

have

they

when

taste

for human

number

same

distribution.

of men
capacities

intended

the

desire

the

from
proceed directly

unequal

it,and

held in honour.

are

immense

an

science,political
economy,

giftsof

of

want

course,

entertain

who

intellect

the

they might

hereditaryfortune

is fixed in America
to

near

descend.

with

of

most

objects.

standard

middling

in which

pressed
ex-

Editor.']

inclination.

longerthe

no

here

duringtheir

when
for

thing

same

American

in business

time

no

America

of

equal

an

these

to
application

All

labours

the

had

England,

not

formerly poor

is, that

have

transmitted

pleasuresis

study they

the

has

"

absorbed

which

of

that

precision.

were

men

were

of

consequence

There

and

rich

the

and

out,

is after that

In

the author

that

clearness

receive

reading,
nothing peculiar to

is

it is believed

and

age,

teen
eigh-

bound

are

elements

there

It is feared

enjoy leisure

now

the

youth ;

of

most

they

mere

supposed
apprenticeship commences.

his usual

with

the

acquired

trades

to

education

it is

same

throughout Europe.

occurs

as

But

general

which

at

Apprentices

between

if at the

present day it

completely disabled

of influence

democratic

in the

is not

that

we

it is
actuallydestroyed,
can
scarcelyassignto it

the

contrary, has gained

to
as
strengthby time, by events, and by legislation,
not
only predominant but all-powerful. There is

corporate

and
authority,

character

it is

rare

feeble from

been

of affairs.

course

on
principle,

always

has

aristocratic element

to

find

the

even

have
no

much

so

become

familyor

influence

dividual
of in-

enjoy any durability.

America, then, exhibits

in her social state

most

extraordinary

55

Men

phenomenon.
of

fortune

in any

which

other

CONSEQUENCES

greater

words,

in point
equality
in

equal

more

their

country of the world, or, in any age of

has preservedthe
history

POLITICAL

on

seen

in other

intellect,
or

and

strength,than

there

are

OF

remembrance.

THE

SOCIAL

CONDITION

OF

THE

ANGLO-

AMERICANS.

The

political
consequences

of such

social condition

this

as

are

easilydeducible.
It is
its way

into the

conceive

of

all others,is

politicalworld
or
rights,

have

unequal upon

citizen

every

be

at the

of

methods

be vain

to

excites

to

men

wish

that

deny

no

weak

level,and

reduces

with

freedom.

democratic

to

Not

heart

attempt
to

men

that

sudden

their desires ;

efforts to obtain

themselves

to their

and
except equality,

nations

end

lawful

Anglotween
be-

one

which

man

I have

consequences.

which
passionfor equality,
honoured.

and

to the rank of the


a

of

power

of these

each

the

which

medium

the social condition


to

the

as

discover

to

the absolute

depraved

to lower

This

great ;

for

taste

sion
pas-

but there

which
equality,
their

powerful to

the

own

preferequalityin slaveryto inequality


nations

those

naturallydespiseliberty
;

instinctive love of it.

objectof

For

one.

powerful

humble

the

exists also in the human

impels the

and

all to be

to elevate

tends

an

all and

is,in fact,a manly

There

in the

come

stage of social existence

same

is equallyliable
describing

been

singlepoint,

one

put in possessionof his

be

must

granted to

sovereigntyof

it would

and

To

establishing
equalityin

Americans, it is therefore very difficult


the

else.

everywhere

impossible; they must

only two

rightsmust

arrived

it does

as

eventuallyfind

not

all.
of

I know

equalitywill

remaining for ever

equal upon

Now

that

world
political

men

yet equal on
to be

believe

impossibleto

But

on

is
liberty

equalityis

not

their idol

and
liberty,

disappointment
;
rather than

the

if
but

is

contrary, they have

the
:

condition

social

whose

chief and

constant

make

rapidand

they

they miss

their

nothing can

lose it they resolve

aim, resign

them
satisfy
to

perish.

56

the

On

other
it becomes

equality,

the

against

but

nothing
such

the

to

is

the
of

other

different

great

two

each

from

position,

social

same

political

other,

but

protect

an

them

with

being

advantage,

their

liberty

and

found.
nations

then,

results

they

on

independence

among

struggle

can

be

to

one

the

in

combination

always

preserve
No

nearly

are

their

to

power.

singly

engage

not

them

for
of

general

union

From

difficult

citizens

the

where

state

aggressions

enough

strong

in

hand,

may

may

these
both

results

proceed

derive

are

one

or

extremely

from

the

same

cause.

Anglo-Americans,

The

to

the

dominion

circumstances,
their

alternative,

formidable

this

moral

people.

are

of

absolute

feeling,

to

have

establish

first

their
and

who,

been

They

power.

origin,

their

the

having

happy
have

maintain

enough

the

exposed
to

allowed

been

intelligence,

been

and

escape
their

by

especially

sovereignty

of

by
the

58

as
exercising

does.

now

checked

Two

therefore

societywas
The

tended

hands

of

to

limit

few.

The

the

citizens

elected,and

franchise

low

in the

The

took

the law

At

the

revolution

state

submitted

hands,

evil which

hands

brave,
The
men

of

their

without

them

was

south.

nurtured

in

class

of

the

the

ships,
town-

was

enlisted in its

obtained

for it ; until it

democratic

whose

interests

laws

the

All

cause.

and

without
The

were

triumph of

did

not

its

secure

the

the

irrevocably

power

was,

struggleto

members

detest

in

and
the
new

singularchange, the democratic

of

an

ling
fal-

followed
power

from

to
sufficiently

good-will at

consequentlyvoted

passionsof

of

ordinaryfate

of their several

they

and

longerpossible.The higher

no

they impaired:

excite the

victorywas

eye,

impossibleto wring the

to

was

the laws

of

inevitable.
; each

society,

the abolition of local influences.

murmur

it was

as

aim

most

accelerated

toral
elec-

exceedingly

was

been

every

people which

only

classes did not

they

resistance

interest ; and

own

the

limits,and

doctrine

of the democratic

and

awaited

powers

in the

The

the

every

wealth

effected in the interior of

was

to

thenceforth

was

all its

universally

certain

in the

this consequence

apparent

in favour

orders

vincial
pro-

influence,

electors.

within

victories

completed

when

became

its

was

of laws.

time

fact,in

by

the

it with

out, and
had

fought, and

of descent

very

pronounced

the

people, which

it

in the

not

were

them

considerable
broke

colonies

authoritywithin

which
qualification,

scarcelyless rapidchange

where

his

certain
more

were

law

all of

not

were

social

of

the

aristocratic

of

sort

of

adopt

to

functionaries

public

possessionof

the

internal,

England, and the


(as I have shown

Hudson

exercise

the

revolution
the

j battles

became

north, and

sovereigntyof

cause

on

American

it

townships.

New

exercised

laws

gain ground

to

everywhere placed

was

dependant

of the

south

precedingchapter),long
which

other

mother-country;

yet prepared

not

of
intelligence

the

to

country

made

the

obey

to

in the
especially

assemblies, and

of the

itself in the

and
obligedto spread secretly,

consequences.

societyas

progress.

still constrained

American

of

government
external, the

one

disclose
ostensibly

not

were

the

on

obstacles,the

its invasive

It could
which

influence

much

price.

any

by

the

very

thus, although the higher

people againsttheir order,


state

of

things;

impulse was

found

so

that,
to

be

59

irresistible in the very

most

where

states

the

had
aristocracy

the

firmest hold.
The

Maryland,which

of

state

the first to

was

When

be foreseen

that

abolished.

There

the

is

no

ambition

in exact
The

its demands

At the present
has

acquired,in

which

the

in

of
principle

United

the

been

have

Sometimes

at Athens

conceive.

the

transact
suffrage,

immediate

thrown

accordingto
made

are

in

is to

seen

be

in the United

and

with

the

who

of

idea

of

in the execution

executive
feeble and

little do the
from

sion,
conces-

people

the

by

those
it

and
countries,

exigency of the
peoplein a body,

and

by

almost

sal
univerits

under

which

so

people.

venture

seeking it
its laws

; it may

by

authorities

the

almost

restricted is the share

the

to

nothing of
an
scarcely

The

of the

itself
vidual
indi-

nation

tors,
legisla-

agents of

said to govern

left to the

itself,

administration,
so

forgettheir popular originand

the power

theyemanate.f

amendments

See

the

See

Appendix

H.

made

to

the constitution

of

Maryland

the

conceive, or, still

choice of its

choice
be

partlywithin

elsewhere.

by

certain

societygoverns

; and

its bosom

would

But

degree

forces it to pursue

is divided,being

the

of them

government

though it is in

States ; there

in

centres

met

to express,

of

ranks

in the making
participates

so

it.

the

the

by

its name,

rulingforce

the

itself.All power

the

of
sovereignty

exists which,

power

the

In others

kind is to be

more,

follows

chosen
its representatives,

business

countries

partlywithout

for

above

are

suffrage.

it in other

foreignto the social body,directs it,and


and

is irritated

control.

some

track.

its strength.

It is unencumbered

over

laws

sometimes

; and

the

ciety
so-

States,all the practicaldevelopment

possibleform

every

occasion.

In

the

imaginationcan

fictions which
appears

day

who

short of universal

be made

can

entirely

strengthof

the

appointedrate
of those

easily

is felt the

increase with

the

be

more

the rule,concession

last becomes

stop

no

below

are

the

historyof

concession

the great number

to
proportion

and

rule in the

rightsare extended, the

of those who

exceptionat

will
qualification

; for after each

extendingthem

rank,

introduce

to

it may
qualification,

invariable

more

and
democracy increases,

The

as

later that

or

farther electoral

the

of

need

modifies the elective


sooner

of

men

of its government.

into the conduct

forms

nation

by

and
proclaim universal suffrage,*

democratic

most

founded

been

had

in 1S01 and

1S09.

60

V.

CHAPTER

NECESSITY

OF

It is
form

of

UNION

THE

proposed to

examine

government

established

sovereigntyof

its

itself arises from

it were,

as

first

encased,

community, the

of

general interests

almost

be

states, would
Federal

of

and

summary

of

community

Moreover, the
the

exception ;
who

author

he had
and

the

should

explained

it

before

States

existed,and

its

to

within

definite
in-

certain

have

we

of

exhibit

would
details,

the

the

obstacles.

The

last which

the

than

modification

were

current

I have

states

body

studied the

was

is,as

the

the

twenty-four

independentlyof

government

government
attempt

one

daily and

are

filled with

nothing more

federal

the

to

which
republicanprinciples
before

the

ernments,
gov-

independent, the

short, there

Union

United

the

it is in fact
those

In

method

; two

agglomerationconstitutes

the

adopt

to

of

exceptional authorityover

country.

examine

government

adopted ;
whole

To

Union.

the

other

circumscribed

other

sovereignnations,whose

small
of

the

presents

constitution

the

responding

only exercising an

limits, and

its hinderances, its

the

within

completely separate, and


calls of

the

distinct social structures, connected,

one

the ordinaryduties,and
fulfilling

is the

which
difficulty

of

nature

consists of two

States,which
and,

The

THAT

principleof

the

on

its resources,

dangers.

BEFORE

followingchapter,what

in America

complex

STATES

LARGE.

in the

are

the

THE

OF

AT

what

people ;

the

advantages,and
United

CONDITION

THE

EXAMINING

OF

in the
its existence.

rule.

The

whole, before

fall
necessarily

or

justobserved,

is the

pictureas

was

into

obscurity

repetition.

The

this

which
principles
great political

day, undoubtedly

state.

in order

It is therefore
to

possess

took

their

necessary

clew

to

origin and

to become

the

govern

American

their

growth

acquaintedwith

remainder.

The

societyat

states

in

the

the state

which

at

61

far

as

features

same

Their

their institutions.

aspect of

external

regardsthe

as

Union, all present the

the American

present compose

administrative existence is centred in three foci of action,


or
political
centres
be
to the different nervous
which
may not inaptly compared
motion

"which

convey

lowest

in order,then

to devote

human

to the

lastlythe

the county, and

I propose

; and

state

of these

the examination

followingchapter to

the

is the

township

The

body.

three divisions.

AMERICAN

THE

the

Why

Its

"

It

begins

Author

the

OF

Examination

Importance.

Object of

as

is not

undesignedlythat

main

the

town,

if

But

makes
of

"

and

althoughthe

Systeme
to

general

the

England

Thence

the

term

commune,
other

In

municipal.
in

the

ship.
town-

which

is

so

collected,it

are

men

division of

smallest

existence

of the

to

attempt
I

of

the

not

am

render

into

townships,
bearing the name

those
of

render

In
of

the

every
the

any

France

or

America,
southern

the
into

corporations, exist

counties

of

parishes ;

I." F

the

in

the

northern

beside

cities.
word

"

is coeval

with

man
of hu-

association
a

maire

and

cipalprivilege,which

mun

the

of

hand

the

governed by

is

commune

mancipium

every

to

every

at

the

in

one

states

longs
be-

commune

revolution.

country
are

and

divided

which, municipal bodies,

apply these several


commonly used
parish," now
I

shall

term
The
commune.
expressions
in England, belongs exclusivelyto the
division ; it
ecclesiastical
which
ecclesice
a parson's
over
(persona
or
perhaps parochianus)
Translator's
Note.]
to

toms
cus-

mune"
expressions " Comword
precisely
English

and

other.

and

French

that
In

by

township
the

aware

original.

and

words,

constituted

seems

chartered

to

cantons

community,

their laws

corporations alone, is alike extended


divided
departments of France
were
different applicationof the expression,which
is general

the

restricted in the

Vol.

of

monarchies, and establishes republics,

Communal."

dwellings forms

which

of

number

mankind

[It is by this periphrasisthat

corresponds

into

begin this subjectwith

in all nations, whatever

man

the first association

conseil

the

as
tithing,

or

be

may

"

pendence.
Inde-

township System

Inquiry.

wherever

exist
necessarily

God.

the

constitute itself.

to

The

his

selected

has

ship.
Town-

preserving

villageor towrnshipis the only association

natural, that
perfectly
seems

Author

the

with

politicalInstitutions

of the

the

Why

"

BODIES.

MUNICIPAL

AND

Difficultyof establishingand

"

England

The

must

TOWNSHIPS

in all Nations.

Its existence

"

New

SYSTEM

denotes

the

limits

rights extend."

62

destroyed.

by

of affairs.

their talents,if not

rather

augment

than

of the

people.

of

despairof

Again, no

immunities

the supreme

power

those of

as

identified with

unless it be

the

with

amalgamated

until the
of

engenderedin

the midst

action of the
and

its
constitute
to

it.

A
the

the

nation

may

of

system

of

In order

to

passions,and

or

but

the

states

the

rest, I have

of New

to

reader

England

the

the

an

there

has

is

enced
experi-

of

citizens
are

in
they bring it withhow

and

use

it cannot
the

have

interests of

created

to

the

enjoy

an

of
spirit

hour,

the external
has been

on
generalprinciples

counties

and

example, to

or

forms

led
repel-

the surface.

on

which

townshipsof

thought it expedient to
as

free government, but without

later,inevitably
reappear

explainto

assemblies

despotictendencywhich

organizationsof
political
States

have

it ; but

Municipal institutions

how

men

man

society. The

which

Europe

science ;

to

are

circumstances,may

will, sooner

the

establish

transient

independence;

United

of

free nations.

primary schools

of

cumstances,
habits,peculiarcir-

consolidate

Nevertheless,local

strengthof

of

state

national

of municipal institutions
spirit

the chance

the

continent

be thus

and spontaneously
secretly

all,time, may
the

easilydestroyed;

exertions

the

people'sreach, theyteach

liberty. The
of

on

townships is

eludes

the

success

supported

that it can

it were,

and

is

and

in the laws

semi-barbarous

laws

advantages.

what
liberty
the

of

above

nation

no
certainly

it is,as

; but

people,it

sing
enterpri-

an

with

cause

independenceof

only after a long existence


amalgamated. Municipal freedom
rarelycreated

or

of the nation

manners

of

general: theyare

in

their

defend

it is

constant

the encroachments

municipalbodies

it is

blunders,and

numerous

the customs

by publicopinion. Thus,

experiment is completed.

the

cannot

legislator.

the attempts

spurns

againsta strong
single-handed,
struggle,

to

government, and they

and

its

from
ill-protected

so

are

the

increasingenlightenment

the

before

success

by

of its independence

community
highly-civilized

is apt to

unable

with

diminish

independence,is disgustedat

local

contrary, composed of

the

the consolidation

attend

difficulties which

The

viduals
of indi-

certain number

easilyfashioned

less

are

great political

tion
their habits,for the direc-

by

township is, on

The

materials,which

coarser

establish

able to

always

contains
habitually

it

assemblies,because
fitted

is

nation

rarelyrespectedand easily-

not the less

itsliberties are

that of man,

choose

examine

the

one

the
of

mech-

63

anism
the

of its

and
constitution,

then

to

cast

generalglance

over

country.
The
in

that

of

part

every

the

them

county

Union.

throughoutthe
and

carried

been

of

of

support
the

the

and

laws,

community,

influence ;

township of
the

two

of the

THE

OF

where,
elsethe

thousand

;*

is

the

attention

of

the

on

the

manners

prodigious

most

account.

every

division which

stands between

which

corresponds in

Its average

town.

that, on

so

the

populationis

ests
hand, the inter-

one

likelyto conflict,and,

not

are

time, they have

of

of France, and

canton

regular

TOWNSHIP.

England

inhabitants

our

capableof conductingits affairs

men

of

these

than

complete and

they exercise

or
English tithing,

three

to

New
the

and

generalto

England

stronger support

deserve
they consequently

commune

from

still

which

over

form

sanction

the

the

LIMITS

the

New

that

offer greater facilities to

England

received

they have

in

farther

of both

believe

to

ner
man-

perceive

to

formation

the

inclined

am

same

stranger.

institutions of New

whole

The

the

is,however, easy

guided

consequentlythat they

observations
The

; it

Union

the

organizedin

not

are

principleshave

same

have
principles

of

the

township and

are

always to

the

on

be found

other,
among

its citizens.

AUTHORITIES

The

People

Nd

the

"

"

How

Officers of the

In the
source

In

The

greater

the

Selectmen

Township.

township, as

of power

1830, there

""tants ; which

; but

were

gives an

305

TOWNSHIP

THE

of all Power

Source

Corporation.

Selectmen.

OF

here

part
act.

of
"

as

the

well
in

no

as

Elsewhere.

vested

Authority
remunerated

its

Manages

"

"

the

in

Enumeration

own

Affairs."

Hands

of the

of

the

public

Functions.

everywhere else,the peopleis the only


stage of government does the body of

townships

average

ENGLAND.

NEW

Town-Meeting.

Obligatoryand

"

IN

of about

in the

state

of Masschusetts,

2,000 inhabitants

to

each

and

610,014 inhab-

township.

64

citizens exercise
is

limits of
In

obedience

publicbusiness

be necessary

with

contact

exceeds

no

things is

of

state

The

public duties

in the

minutelydivided,as
of individuals

their

on

for

this

by
The

in

the

for

me

to adduce

state.*

different

so

some

ples
exam-

authorities
are

York

t Three
The

the

not

are

of

city of

subjectto

selectmen
Town

relative

are

law.

in this

into

the

selectmen

It

to

number

of

the

the

great
;

the

state

obliges

townships;
guiltyof

are

of the

popular

of

thorization
au-

only neglect

determined

the

by
date,
man-

municipal

been

previouslyrecognised

is to

towns,

introduced

be

generallyhave

which
is

this,however,

in

an

exception

"

in the
See

1832, 104 townships in the

Williams's

small

also the

which

act
of 22d February, 1S22, for appointing
well
towns
as
frequently happens that small

In

and
responsibility,

own

have

gations
obli-

of

are

decree

change

bodies

two

manner.

ber
num-

the

See

appointed

small

they can

law

their

upon

applicable

Officer,"p. 186.
to

which

the

if any

Boston.

fulfilwithout

the organs

are

executes

But

largeproportion

of

certain

they may

peculiar administration.

governed

were

the

in the hands

impose

selectmen

corporation divided

of the

but

affairs,
however, which

maire

and

extremelynumerous

their functions,they

of

part

majority.

requires the sanction

"

ideas, and

which
practiceprinciples

rules

same

and

New

the

the list of electors in their

They usually act

merely put

cities

of

selectmen."!

state

up

In all the

in France

council.

the

draw

instance,to

they omit

as

the

"

of

town-meeting,the

mayor,

everythingthat

our

body they govern, but


The
responsibility.

own

misdemeanor.

See

called

the

of

is vested

selectmen, which

the

on

diate
imme-

more

to

farther on;

see

power

generallaws

The

the

in

them

business

towTnshipare

shall

we

administrative

of

if

tive
legisla-

explainit thoroughly.

to

and

contrary

so

customs, that it is necessary

our

the

the system of representation


is not
subject,
but the body of electors,
after
corporation
;

simple and ordinaryexecutive

the

duct
con-

arrangement

an

is in

government

directs
having designatedits magistrates,

them,

to the utmost

township,where

the

the

if such

; but

state

action of

the

is

There

adopted.

of the

in
generalaffairs,

in

administrative

and

from

the people

in the
majorityacts by representatives

the

England
the

This

America,

possibility.

New
of

In

influence.

exigencesdemand

whose

master

immediate

more

state

the
as

of

Register.

townships,

and

principallaws

nine in the
of the

state

large

ones,

of Massachusetts

"

February, 1786, vol. i.,p. 219 ; 24th February, 1796, vol. i.,p. 4S8,
7th March, 1801, vol. ii., 45
475 ; 12th March, 1808, vol,
p.
; 16th June, 1795, vol. i.,p.
539.
ii.,
p. 1S6 ; 28th February, 1787, vol. i.,p. 302 ; 22d June, 1797, vol. i.,p.
Act

of the

20th

66

are

almost

able to

give up

different functions ; which, however,


the

that

to

system is

generalthe American

In

loss.

be

citizens may

poorer

in

what

to
proportion

EXISTENCE

Every

of

Sovereignty
itself alone
In

State."

alreadyobserved,
Every

In

the

individual

it,or

that

himself, but
with

in all that

arises the

is less

he

because

concerns

maxim

God

the

of

which

of

concerns

and

Township

the

In America

"

that

and
privateinterest,

common

weal

admitted
universally

the

the

sovereigntyof

the

equal

an

government

than

are

he

because

be

as

of

well

knows

of

share

the

state.

informed,
He

as

cbeys

authorities which

neighbour of

his

that
If he

regulatingforce.

every

the

of

instances

new

his fellow-citizens.

capable

ing
govern-

tion
associa-

an

no

be

such
a

sociation
as-

subject

relations of citizens,he is free and


all that

for

unless

cans.
Anglo-Ameri-

of the

is inferior to the

mutual

actions,unless they

sovereigntyof

the

of
acknowledges the utility

he

alone

the

of

he

because

man's

is

in

any

exist without

responsibleto

own

the

Townships

Commune.

possesses

supposed to

his fellow-men, and


can

his

is therefore

not

government,

conduct

individual

strong, as

as

afford

which

by

alike
participates

and

virtuous, and
the

the

to

of
principle

will

nations

people is recognised,
every
Every

munerated
re-

Principleof
the

that

Bond

political
system

of this book

page

doctrine.

power,

in

Sovereign

Agents

the

that

whole

the

people governs

same

the
in

Doctrines

Matters."

its

lends

Government

done.

Corollary of

of these
is

salary

price,and they are

TOWNSHIP.

in all other

fixed

its

THE

England

New

State

without

their time

grant

order

occurs.

have

the

the

the

paid,in

all

to

have

Interest."

own

these

not

they

Application
of

Township

France

the Reverse

his

"

subjectto

OF

People.

the

The

America."

Judge of

best

the

one

has

service

Every

its functionaries.

undertake

pain of being fined,to

constrained,on

is

habitant

one

that

is the best

societyhas

to
prejudicial

demands

his

in the United

himself.

concerns

and
no

the

the

rightto

judge of
control

weal,

common

co-operation.
States.

sole

Hence

This

or

doctrine

I shall hereafter

ex-

67

of life : I

actions

the

speaking of

now

am

it exercises

which

generalinfluence

the

amine

the

on

of

nature

ordinary
municipal

bodies.

township, taken

The

of the

looked

justalluded

have

is therefore

natural

as

upon

is

to

in relation to

and

whole,

be

country, may

theory I

the

as

the

ment
govern-

individual

an

to whom

applied. Municipalindependence
of

consequence

the

principleof

the

sovereigntyof the people in the United States : all the American


have peculess; but circumstances
or
liarly
republicsrecogniseit more
in
New
its growth
favoured
England.
part of

In this

the

Union

the

was
impulsionof political
activity

given in the townships; and it may almost


formed
an
independent nation.
them
originally
asserted their supremacy,

England

the central
remained
to

they

as

their

portionof
subordinate

they

all that

I believe that

England

not

England
subject

now

it.

only
social,

independentin

are

the inhabitants

is to be

leges,
privi-

surrendered

I shall term

They

among

It is

townshipsare

interests which

man

assume

invested with

The

state.

; and

themselves

concerns

been

not

citizens.

all the

to

common

are

are

contrary,to have

the

in those

state

New

of

kings of

to

scarcelydejlfe'ndant
upon

independenceto

to the

the

contented

were

althoughthey

the

on

seem,

When

townshipsof

they have

that

they

that

but

first

at

were

remember

importantto

The

state.

before ; and

were

state, they

the

as

of the

power

they

said that each

be

found who

of New

would

acknowl-

the

edge

that

The

towns

part of

They

bound, however,

are

If the

community.
give nor

withhold

township

cannot

is made

uniform
every
In

by

speaking of
to

to

of the

to

let it

of instruction
to

cross

in these

the

is

of

by

different

cases

obligation.Strict

as

can

the

the

over

United

this

by

which

the

I here

of the
neither

a road, the
projects

enforced

which
:

town

organizedall

means

demands

territory
; if

establish the schools

the

the

state

of the

indicted,

are

the state.

money,

its

or

on
slightest
opposition

with

the

be

must

administration

point out

obey

is in need

state, it

the

the

sell,prosecute

comply

to

supplies. If

the

is bound

town

occasion

state

refuse

system

and

of
authority

administrative

the

interfere in their local interests.

rightto

their rates, without

diminish

or

any

England buy

of New

augment
the

has

state

the

policeregulation
A

town.

country, and
law

ordains.

States,I shall have

towmshipsare

merely show
obligation
is,the

pelled
com-

the

istence
ex-

govern-

68

of the

ment

the

township

by

voted

are

assessed

they are

of

existence

the

township ;

school

is

local

the

the

of

taxes

its agents to the


of the

the

SPIRIT

of New

Township

creating local
of

In

kept

public

it.

to

"

wins

The

"

Characteristics

Home

Its

"

ENGLAND.

of its Inhabitants.
and

Rights

of

England.

NEW

Affections

the

Europe.

Spiritin New

the

in

happy

alive and

supported by public spirit.The

sphere is

action

is

real

advantages

two

possesses

which

United

States.

small

unrestrained;

importance,even

and

and

township of

secure
infallibly

limited,but

its

within

and

are

New

the attentive

authority.
sphereits

that

would

independence

if its extent

festations
Mani-

"

exist,but they

mankind, namely, independence and

indeed

American

Effects.

municipal bodies

do

only

Difficulty

"

of the

Duties

not

interest of

Spirit in

OF

America,

England
Its

TOWNSHIPS

England

public

favorable

Township

THE

"")F

agent

nations.

the two

exist between

PUBLIC

of

fact alone

The

the

ences
of the differ-

the extent

shows

ceives
re-

lends

government

America, the township is

; in

ship
town-

collector

town

French

the

Thus

state.

commune

government.
which

How

the

the

or
collect-

the state

the

by

the

but
obligatory,

in America

imposts;

collected

and

In France

it.
builds,pays, and superintends
receives

ance
perform-

all its independentrights. Thus, taxes

resumes

state, but

the

in its

principle
only,and

in

imposes it

state

give

populationdid

not

it

to

sure
en-

it.
It is to be remembered
turned

only where

there

conquered nation.
not

only because

strong

and

The
he

free social

government

claims

Europe

absence

the

regret to those who


no

surer

was

and

that
is

affections of

strength.Patriotism

men

in it,but

born

body

of which

deserves

exercise

is
public spirit

in power

guarantee of order

the

because

he is

and

; every

one

are

is not

Englander is attached

New

of local
are

the

to

durable
his

in

of his

township,

it constitutes

member,

genera.^

and

whose

sagacity. In

frequentsubjectof
agrees

that

there

is

and yet nothing is


tranquillity,

69

the

and

and

power

have

can

of New

of

heart

is
authority
very

their

community, whose

limited.

into the turmoil


and

power

individuals

can

the

other

favoured

federal

serves

reached

as

for the

centre

midst

of

the

vent

In

so

the American

states

of

electors

who

in

persons

from

are

is divided
politic

the

life :

of

been

of

source
unfailing

an

The
so

American

many

For

in

not

truth, that patriotismis

by
is
of

ritual observance.

In

kind
this

continually
perceptible
; it
a

duty,or

the

exercise

powerful corporation

same

interest to

the

vast

local

scruple to multiplythe

the United

of

of

manner

mirable
ad-

who
officers,

and

local administration

divides

system, which

citizens,does
officers.

town

profitand

with

Independentlyof the
into action, the body

functionaries

The

they act.

name

the

they find

when

disseminated

called

all,in their several spheres,


represent the
in whose

citing
ex-

the greatestpossible
interesting

time

into innumerable

of

familycircle.

weal.

to

township

passionswhich

the

and

the

and

common

time

the

the want

their character

has

power

skill,for the purpose


number

of

hearth

Such

in
authorityand popularity,

society,
change

the domestic

near

been

career.

But

publicesteem,

for

taste

ordinaryrelations

embroil

commonly

desire of

the

ambitious.

of the

of the

have

who

other

some

these

life ; and

periodof

generallymen

in
by fortune, or distinguished

government

high station

advanced

an

ducement
in-

no

it ; but

conduct
The

are

aim

federal

The

who

men

at

offers

terests
the circle of their in-

from

numerous.

functionaries

interests,and

be very

be the permanent

cannot

the

est
warm-

second-rate

only a

administration

away

on

is

the

elected,and

not

are

it

passionsof

ambitious

state

public affairs.

of

only be

the

obscure

men

honour

never

presidencycan

Even

excite the

to

as

arousingthe

tranquiland

sufficient to draw

confers

constituted

so

but
good subjects,

officers of the county

The

man.

united,
dis-

might be

important fact is,that

Another

is

England

contain

may

without
affections,

of human
the

town

citizens.

active

erful
pow-

country endangered. Yet, without

the

a
independence,

no

township

of

peace

made

were

nation

authorities of the

independent,the

and

municipalbodies

If the

difficult to create.

more

States

devotion
the

thus

affords

number

authority
among
functions

it is believed, and
which

dividuals.
of in-

is

of

the

with

strengthened
township

activityof the

dailymanifested in the fulfilment


right; and a constant though gentle
is

70

is thus

motion

kept

in

up

without

animates

society which

ing
disturb-

it.

The

American

his hills,because

clings to
are

there

the

townships

of

the

The

conduct

the

people

when

the

of
has

exists

which
doubt

to

casts

the

term

of

protecting spell of
comparison

but

ancient,

the

attachment

his

affection

the
a

steady

taste

and
the

he

for

collects
extent

abuses

ment
content-

(and

it would
it

really

or

well,

ill

its faults.

over

the

which

fact that

citizen

the

its rule

where

and

free

and

its welfare
he

art

takes
of

of

of his

well-being

is the

aim

No

England

people

is not

to

his

was

only

an

in the
forms

those
he

the

on

him

of the
the

nature

secures

of

and

sphere

which

ensures

in the

occurrence

their

imbibes
union

its affairs

it affords

small

because

township

of his ambition

part in every

practicalnotions

rights.

to

co-operation in

the

liberty;

order, comprehends
clear

his

government

himself

accustoms

progress

is attached

England

its interest

exertions

of

no

nity
commu-

general

colonies, but

the

township,

to

practicesthe

reach

the

of New

independent

his

he

in

satisfaction
of

mass

the

it acts, either

that

parental pride

the

disturbs

the

complete

England

the

the
deficiencies),

and

New

of

primitive state.

native

future

its

out

reign

infrequent.

it was

is defective

government

it governs,

those

always sovereign

it is

If the

In

forgotten in

are

In

which
are

that

and

Their

one.

portion of

no

remainder

the

point

formerly governed

The

of ranks

of

politicaleducation

soil.

the

existence

comfort

say rather

upon

individuals

to

easy

from

emanates

foot

oppress

prevails.

be

complete

his country

themselves.

by

discord

The

easy.

of

happy

general

mountaineer

The

chosen

municipal
is

distinction

injure isolated

may

no

been

first set

of

tempted

of

features

general

and

peace

business

local

long

is in

tastes, and

their

to

the

as

elsewhere.

than

England

commotions

people

tradition

characteristic

the

profound

the

America,

is

New

is suited

midst

in

of

his home,

to

marked
distinctly

more

government
the

himself

attaches

can

balance
of

place ;

within

alone

spirit;

his

his

ensure

he

acquires

of

powers,

his duties

and

71

COUNTIES

THE

with

of

that

counties

natural

or

no

their

no

publicaffairs.
of the

extent

sheriff to execute

township was

small to contain

too

its decrees, and


which

certain wants

are

authority. In the

central
vested

natural

of

the governor

state

the

is

applicableto

townships

the

business.

is voted

and

limited

and

is

county

or
indirectly
represents the county
directly
existence.
speaking,no political

twofold

to
impels the legislator

which

dispersethe

to

has in itself

executive

had
utility

its

county, where
united

have

of

national

but

one

not

See

See

The

the
the

occasional

:
beyond
authority

the

authority

The

state

conduct

by

up

public

its officers.

has, therefore,properly

the

tions,
constitu-

and
legislative,
New

England

independence;

felt.

act

of 14th

act

of 20th

act

of

the

All

is the

the

action of the

be said to exist but

but

this

into

the

townships

state, the

centre

township and

the

of 2d

February,

1821.

Laws

of Massachusetts,

vol.

February,

1S19.

Laws

of

vol.

governor

November

is

an

1791.

elective
Laws

influence

Massachusetts,

i.,p. 551.
ii.,
p. 494.

body.
of

and

assembly which

introduced
fictitiously
been

council.J The

exertion.

council

" See the

of

wrhich
representation,

that of the nation, nothing can


individual

his

township of

element

only be

could

existence

distinct

the

indestructible

an

it

centralize

The

power.

by

appointed by

are

no

authorityis

in the American

discerned

be

tendency may

this

onlydrawn
is

There

be satisfied

to
requisite

power

legislature^ There

the

by

the

they should

advicef of

justice,*

townships of

predeterminedcases.

all the

budget of

The

only a

certain

possess

all the

Massachusetts

the

of

criminals.

magistrateswho

state, with

officers of the county have


which

of

of several

hands

in the

that

by

system of

court

prisonfor

felt alike

are

; it is therefore

county

traditional

facilitate the administration

each county has, however,


institutions;
judicial
a

districts which

common

objectis simply to

analogy

limits of the

The

the various

and

connexion,

necessary

sympathy;

of
The

have

has considerable

of France.

laid down,
arbitrarily

are

contain

they

arrondissements

the

ENGLAND.

in America

division of the counties

The

NEW

OF

Massachusetts, vol. i.,p. 61.

of

72

ADMINISTRATION

believe

The
not
perceivedin America.
Why?
Europeans
of
promoted by depriving the social Authority of some

Administration
is

"

"

its Exercise.

Americans, by dividing

Township, and divided

the

ENGLAND.

NEW

IN

the

among

all

Almost

"

No

"

of

trace

enforce

of the

By
Townships.

of the

of the

"

"

disseminated

into

Principle to

elective

England.

New

Obedience

the

judicialPower

of

Functionaries.

Appointed.

Court

of Sessions.

like the

Administration.

all

whom

of

Right

"

Functions.

Law.
the

of the

Justice

the

Ensures

"

The

"

sion
Exten-

in

Peace

Administration

Inspection and

ment
Indict-

encouraged

Informers

"

of this.

is empowered

County to the
Consequence of

The

"

Its Action.

"

"

Officer.

County

"

administrative

other

the

and

Township

the

to

Who

"

to

the

confined

Reason

"

introduction

administrative

an

Hierarchy to be perceivedeither in the Township, or above it. The


of the
is uniform.
it happens that the Administration
How
State

erty
Lib-

that

Rights

Administration

the

Officers.

town

its

Sy the division of Fines.

is

Nothing
States

than

to
striking

more

the

absence

Written

they
the

daily executed

are

hand

which

to

recourse

of human

certain

it must
There
a

one

people

grammatical forms, which


order

to

which

distributed

be

in

motion,
can

where
no-

obligedto

are

their

express

that

sees

tion
founda-

the

are

their existence

secure

authoritymay

two

are

all

ministratio
the ad-

or

machine

the social

without
portionof authority,

always exist

and

although everythingis

obligedto

are

This

anarchy.

certain

government,

America,

Nevertheless, as

language,in

all communities
to

exist in

but

term

we

givesthe impulseto

discovered.

be
have

of what
laws

the United

European traveller in

thoughts;

so

by submitting

they fall a

in several

prey to

ways,

but

somewhere.

methods

of

the
diminishing

force of

in
authority

nation.
The

firstis to weaken

the supreme

in its very

power

or
by forbidding
preventingsocietyfrom actingin

certain circumstances.

under

is what

is

To
in

generallytermed

Europe

its own

in
authority

weaken
to

principle,

lay the

defence

this

manner

foundations

of

freedom.
The
does

second
not

of

manner

consist in

each

various

of whom

the

in

hands,

degree of

influence

of

authority

in
nor
rights,
the exercise of its privileges
distributing

strippingsocietyof

but
paralysingits efforts,
among

diminishingthe

and

in

power

any

of its

to
multiplyingfunctionaries,

necessary

for him

to

perform

74

well

as

peace

their

magistratesprovideof
in

occur

what

do

French

the

In

individuals.

commune

maire

namely, the
functionary,
that

seen

circle of

prescribesa
within

circle

that

action

scarcelyany

It sometimes

found.

of the

of

trace

frequently

in

New

one

England
law

carefully

magistrates
; and
the township

dignitiesis

official

their

perform

authority.Above

to

county officers alter

the

we

functionaries

The

these

to

of

properly but

nineteen

in

matters

be
cision
de-

general the

interfere with

in such

township,]
| except

chusetts
Massa-

number

great

right to

rightto

no

of

state

but
magistrates,^

town

authorities of the county have

is

of

of

that

happens

townships,or

the

other

series

there

entire

an

any

; and

each

to

have

they

among

another.

one

upon

independentlyof

functions

of

gated
dele-

any

restricted
entirely

These

nineteen.

are

general depend

in

not

there

in the

almost

is
authority

it is distributed

that

but

township,|

have

without

emergencieswhich

said, that

have

we

administrative

the

official

and

pal
munici-

.f
society

It results from

the

Lastly,these

accord

own

unforeseen

those

for

powers,

the citizens.*

moralityof

as

ities
author-

the

as

the

concern

county.
of
magistrates

The

bound

are
a

their

of

number

sites for

proper

neighbourhood.

See

the

almost, for there

say

regulated by

are

justicesof

the

grauted by

the

the

1T

23d

The

town

; vol.

assembled
the

See

which

central

the

of

are

the

See

peace.

the

drains,point out
nuisance

of 22d

act

to

the

June, 1797}

of

28th

Feb.,

such

to

If

the

in the

refuse

right to make
by-laws, and
be approved
by-laws must

1786;
the

vol.

not

on

March,

; but

of their

the

to

are

certificate of

the
certificate,
; and

they may

by

fines which

ii.,
p. 1S6.
enforce

by

the

them

See

of sessions.

court

i.,p. 254.

county-magistrates

of

; vol.

the

give

of sessions

court

the

1S0S

the

297.

produce
to

by

licenses

; thus

i.,p.

can

as

persons

township

capacity, or

county

; vol.

17S7

selectmen

justices assembled
of 12th

of the

town

act

committees
state

act

peace

chief

of

annals

the

in his individual

the

town-magistrates

iii.,
p. 183.

the

selectmen.

in

circumstances
the

in

only granted

; but these

consequence,

secretary of the
1827

have

March,

of the

acts

is

law

Massachusetts

||In
the

by

of

act

to

See

townships

fixed

are

the

license.

the

The

are

appeal

party may
grant

peace,

from

conduct

good

But

in

of

; Laws

the

various

are

justiceof

the

justices.

licenses

Thus

"

justices of

the

government

construction

trades

county,

Massachusetts, vol. i.,p. 193.


of contagious
security of the public in case

June, 1785
for the

measures

central

cases.H

the

other

of the

539.

i.,p.

which

of 7th

act

take
f The selectmen
disease, conjointly with

vol.

authorize

slaughter-houses and

those

as

the

to

acts

predetermined

Thus, for instance,the selectmen

the

well

township,as

communicate

to

small

very

the

are

it will be

frequently called
farther

shown

administrative,but of

schools
condition

are

obliged

of the

to

school.

See

upon
that

to

investigate

this

tion
investiga-

judicialpower.

their

make

on

an

the

annual
act

report
of 10th

to

the

March,

75

is not

government
is to

laws

the

officers of the

actions,or

serves

conducted, and

of the

core

; the

of its

it does

in

thus

and
application,

of the administration

proceeds with

the

the

conform

to

the

has

onlytwo

its

disposal
;

law.

It

methods
a

a
rightof directing

ing him

if he
if he
can

does

the very
tails
de-

of the

of

in

that,

of

of

the

but

laws

authorized

be

these

at

superior

cashieringthem

justicemay

to

general,society

intrusted to

be

of

administration

execution

offender

the

its branches

remains
difficulty

the

others, and

courts

state.

secondary functionaries

of the

may

not

civil officer pre-supposes

obey orders, and

fulfils his duties with

neither be cashiered

in
to

methods

two

magistratehas nothing either


; and

when

all

is
to

of

and
individual,

never

be

joined to

that of

the

gistrate
ma-

elective functions

In

fact,the elected

expired.

expect

public offices

because

elected

an

motion
pro-

promoted. All

enforcingobedience

same

rewarding him by

of

or

to

fear

from

his

filled by ballot,there

are

series of official dignities,


because
and

that of cashier-'

propriety. But

nor

until their term

inalienable

no

more

always available.

The

be

In the

minute

the most

to

affirmed

be

the

the

or

in all
law, society

enforcingthe

judicialpenaltieson

not

are

the

functionaries

may

of

their

and

enforced
officers,

descends

discretionary
power

of disobedience

inflict

counties

is

government

secondary functionaries

to

of directing
all
functionary
case

of the

greatest uniformity
;

compelling the secondary


conform

the

this is,that if all the

of

administration.

the

legislator
penetrates to

law

no

and the method


prescribesthe principle
imposes a multitude of strict and rigorously

on
obligations

consequence

the

; the

enactment

same

is

legislative
authorityembraces

France;

administration

defined
The

the

the

There

which

on

their

and

with

their faults.

compliance

townships

England

subjectsthan

plan

tion
execu-

inspecttheir conduct,

radii of

the

to

uniform

enforcingthe

; to

county

reprimand

to

is the

the

of New

the

centre

how

or
magistrates,

states

as

then, is the

What,

are

ordinances

it

business

whose

regular communication

up

township and

direct their

pointwhich

keep

; to

individual

an

and
publishpoliceregulations
of

to

representedby

the

can

never

of

power

double
be

rightof
vested

issuingan

stituents
concan
manding
com-

in the

order

can

a
inflicting
punishment or bestowing a

reward.
The

communities

therefore

in which

the

secondaryfunctionaries

76

the

of

government

of

use

judicial
penaltiesas

evident

functionaries

institution of elective
of

elective

the

They

they

these

is the

measures

the

first ; and

not

subject

alone

without

violatingthe
in

judicialpower
ratio

exact

do

into

of

the

the

not

rightsof

extension

in

hand

go

of

elected

the

elector.

the

as

the

leave

him
of

the

all

elude

only possible

administrative

the

functionary to obey,
extension

The
therefore

ought

to

offices ; if these

state

is

fall into

must

of

in the

be

tutions
insti-

two

anarchy or

subjection.

It has

The

Americans

idea

of

have

exercise

borrowed

I allude

to

justiceof

the

the

magistrateand

the

that

of

of

of
justice

the

judge.

he

is

versed
necessarily

office

simply obliges him


;

than

the

task

in which

legalscience.

certain
most

hand,

taste

he

is not

officers unfit

to

members

of

forms

those

by
of

termine

mezzo

and
of

of

between

the

civil officer and

the

knowledge
and

continent

the peace.

the

sense

authority.

the

upon

well-informed

execute

instrument

blinded

English,their fathers,the

citizen,
though

of

laws.

the

His

police regulationsof
are
integrity

introduces
justice

for established

unserviceable

is

in the

good

The

the

world, between

peace

not

administrative

unknown

sort

do

of

of
justices

is

the

not

from
is

peace

man

habits of leg;albusiness

that

institution which

an

Europe

remarked

to

apt

men

The

been

always

render

and

the

elective

hand,

and

second

the

justiceare

power

politicalworld

other.
an-

than

later,either

or

of

central

compel

can

former

as

authoritywhich

elective

an

jection
sub-

possiblycounterbalance

can

courts

magistrate,and

will,sooner

the

the

Nevertheless,

that

The

destroyed.
between

they

found

judicial
power

to

medium
bodies

be

land

the

the

the

innovations

these

grant

only thingthat

it will

be

or

both

judicialpower.

the

judges of

the

is not

upon

and

concession,

one

to

look

to

apt

are

election of the

the

to

independent of

control

to

pressinglysolicited
accede

latter,they

as

magistrateto

equallyaverse

are

more

are

in power

first sight; for those

at

great

This

of administration.

means

make

perforceobligedto

elected,are

are

into the

of

government.

of the
adopted the system of English justices
deprivedit of that aristocratic character which

on

the

other

render

legal

Americans

have

but

have

peace,

they

is discernible

him

renders

and,

which
superstitions
The

avail

more

administration

which
publicity,

despotism

ciety
so-

in the

77

mother-country. The
last

functions
from

of
justices

of

number

whole

what

is called the

share

in

functions

prosecute

to enforce the obedience

It must
sessions

called, and
is

county

the

is at

tribunal.
political

that small
presidesover
all
several townships,
or

intrusted to any

be

cannot

shall hereafter

We

in this

See

place, that
for

example,

assent

of the

him.

Act

give

them

selectmen,

of 22d

general

In

duties of

June,

he

order

1797

the

Two

vol.

the court

asserted

of

as

that

of

court

the

sessions

they concern

1 ;

are

it occainvestigations

ing
myself with remarkwhole

the

state.

chap, iii.,
" 3.

township from
justicesof
county

all that

of sessions

court

of

power

sheriff of the

the

in

ill.

falls

publicofficers.||

body,properlyso

I shall content

executive

stranger arrives

justicesinterfere

the

is

governor
the

meets

the county in common,

if in its

; and

that

empowered

particular.1TIn

Massachusetts, chap, ii.,"

prevails, and

disease

represents
of

constitution

the

t Thus,

learn what

he

in

of them

one

court

it is

The

townshipsof

purelyadministrative

therefore

This

affairs which,

of

business,the

county

concerns

the

of sessions

of

been

division.

number

istrative
admin-

againstthe

of Massachusetts

It has

purelyadministrative

citizens inform

administrative

an

personal

times
theysomemagistrates
summarily

greater number"

time

same

county

intrusted with

the

the

that in the state

be observed

in each

take
justices

; in Massachusetts

of the

individuals

elected officers ;J

which

year in the county town

form

magistrate. But it is in the court


their most
important functions.

they exercise
twice

with
conjunction

before
tribunal,

The

tain
cer-

county, whose

three
designates

sometimes

they are

appointsa

every

who
justices,

citizen,
or
refractory

of the

abuses

in

farther

of sessions.

court

in

peace

of

body

publicbusiness

constitute

the

years.fHe

seven

the

among

of Massachusetts*

governor

to

country where

the
remove

peace

can,

and

tagious
con-

with

take

care

the
of

i.,p. 540.
in all the

important

acts

of the

administration,and

character.
semi-judicial

administrative
misdemeanors
are
brought
the necesIf,for instance,a township refuses to make
sary
ordinary tribunals.
a school-committee, it is liable to a heavy
expenditure for its schools, or to name
of
the court
fine. But
this penalty is pronounced by the
or
judicial court
supreme

before

the

pleas.

common

p.

190.

Or

the

See

when

February,

21st

certain

because

" 1 say the greater number

1S22

act

of 10th

March,

township neglects
;

Id.,vol. ii.,p.

to

1S27; laws

provide

the

of

Massachusetts,

necessary

vol.
Act

war-stores.

iii.,
of

570.

capacity, the justicesof the peace take a part in the business


and
of the counties
more
important acts of the municipal government
townships. The
of their body.
decided
without
the co-operation of one
rarely
are
upon
erection
of prisbe brought under
the following heads
1. The
affairs may
IT These
:
ons
|| In their individual

and

3. The

state.

The

courts

laying down

G2

of

justice. 2.

assessment

and

of

The
the

county
taxes

so

budget,
voted.

repairsof the county roads.

which
4.

is afterward

Grants

of certain

voted

by

patents.

the
5.

78

borrows
sionally
view

to its own

which
is

it

the

forms

of

information,*or

few

cases

as

administration

the

first difficulty
is to procure

The

entirely
independentof
is.

We

the

town-meetings,to levy the


the

of the taxes

payment

sessions

of

court

levied

is

who

officer of

an

in the United
concealed

under

is at

same

the

time

These

proceedingsare

defined ;

they consist

upon

the town

which
officers,
which

of

followingheads:

He

may

execute

He

may

neglectto

He

may

do what

of

See

There

that

the

the

voted

of

act

is

an

funds

road

20th

indirect

which

law

gives

sessions

him

The

But

difficulty

the

that of

township,but
All

enforced.

or
complication,

any

detail.J

energy

the

reprehensible

be

guiltyare

or

zeal ;

reducible

enjoinshim

not

alone

duty can

consideration,almost

the

method
law

of

the

of

; laws

enforcing

demands

is then

of sessions,

against

17S6

February,

for the

do.

to

under

come

the

is the

all difficulties

he

is

sure

township.
the

to

town.

of

obedience

to
officio,

for the

state

the

zance
cogni-

indispen-

are

disposed of

levy

the

act

i.,p.

217.

Suppose

township.
roads

the

of the

have

supplies.

roads, and

been

not

As

the

of 5th

he

indictable

extraordinary right which

by threatening
See

of the

maintenance

employ

Thus

vol.

Massachusetts,

the

authorized, ex

private individuals

compliance from
Massachusetts,vol. i.,p. 305.
exacts

without

the law

law

is under

personally

court

with which

generalplainand accurately

fact
positiveand appreciable

its influence

and

understand.

to

of the

without

law

the

responsible to

the

be

execute

; the town-surveyor

before

is mysteriously

jury.

aid of the

the

is to

it is that

"

the

tribunal ;

Thus, when

in

obedience

violations of

last two

The

follow,and

in
application

the

fine is

the county,

Thus

government

public functionary
may

the

to

by

it is not

the

of law.

simple fact

its

when

the

evade

to

The

sheriff of

the

the

by

its assessors,

name

that irresistible power

to

easy

in

increases

actions

by

the township

as

the mandate.

township are

without
principle

and

the formalities

made

of the state

judicial
sentence;

fortified

demands

in

of

in

authorityso

an

heavy penalty.f

of
authority

the forms

invested

have

men

the

of

annuallynamed
township attempts

executes
justice,

States

judicial
body, and

by neglectingto

inhabitants

over

township

are

If

to

community

assembly.

assessors

it

only with

of the

the obedience

taxes.

condemns

of the

each

on

as

generallaws

that

stated

have

acts

administrative

an

to the

guarantee

brought before it,it almost always

some

is

as

when

presides. But

is

it
judicialprocedure,

officer,the

March, 1787;

court

laws

the
of
of

79

sable foundation

condemned

to

or

he

energy,
The

usual

is at

quasi offences

these
the

does

authorities,it

town

appoint. Moreover,

not

convict

necessary

to

warmness

; and

the

only judges such


only securityfor
of

court

offences
that

for in powers

Thus,

sought

for in the
a

is the

to

only check
nate
origiit

whom

be

luke-

negligenceor

sits but twice

year, and

lies in
publicofficers,
this

In France

heads

the

by

in
recapitulate

to

officer of

impose upon

exercised

it is

and

removal.
arbitrary

of their

him

compel

to

its

then

brought before its notice. The


enlightenedobedience, which a

are

active

justicecannot

America

as

with

would
perpetual investigation

of sessions

court

interference.
judicial

functionaries

remove

subordinate

the

be

out
with-

of sessions does not

court

cannot

of

it is invested

fear of removal

the

as

reach

the

unable

case

The

; and

the letter of the law

when

sessions,even

omit

publicofficer performs his

the

beyond

is in this

powers,

if the selectmen

elections,they may

town

obeys

least

obedience.
satisfactory

more

Thus,

at

he

when

of

court

administrative

to

at law.

fine ;* but when

pay

and
ability,

duty without
zeal

action

an

legalformalities

fulfilthe

to

of

of

words

is sought
security

administration

the

in

election.

of
principle

few

the possibility

I have

what

ing
show-

been

:"

If

publicofficer

in New

of his functions,the
to

upon

commits

If he

'

sentence

pass

tribunal

offences,of

is

empowered

before

appears
can

at

charge.

This

its execution
to

Laws

If,for

same

guiltyof

always called

from

which

and, if

omission

one

affair is

the

of

of those

the

intangible

there

is

no

appeal,which

and deprivehim
insignificance,

to

with

func-

cognizance,he annually

no

system undoubtedlypossesses
is attended

cise
exer-

of

his

great advantages,but

which
practicaldifficulty

it is important

point out.

of

sessions

is

justicehas

tribunal
him

him

judge suppliesthe

human

reduce

once

are
justice

in the

trative
capacity,a purely adminis-

punish

to

individual

same

the

crime

him.

fault in his official

which

of

ordinarycourts

upon

importantor urgent,
tionary.f
Lastly,if the

commits

England

Massachusetts, vol. ii.,


p. 45.
instance, a township persistsin refusing to

nominates

authorityas

them

elected

; and

the

officers.

magistrates
See

the act

name

its assessors,

the

court

of

invested
thus appointed are
tha
quoted above, 20th February, 1787.
with

so

I have
is called

the

officers.

town

is

It

the
with

established

appointed in

unassisted

"ad been

been
the

of

members

formidable

of

laws
in the

the

law

of

There

have

may

but

;J

state

the

upon

of

fiscal

of

of

privateinterest
be

to

American

the

with

met

for

for the execution

the

I say

The

of the

functions

grand-jurorsare,

the roads.

Laws

of

" Thus, if
badness
Laws

in

the

fall under

most

kind

exists

vided
di-

therefore

well

all the

as

bound

by

all the

demeanors
mis-

county .f

to

receive

with

the

his notice.

But
the

to
legislation

of

give

the

cution
prose-

great principleis

laws

the

little

United

credit

men

for

there

gence
intelli-

pidity
personal cu-

on

is

stantly
con-

States.

individual is

an

courts

common

in

over,
More-

their

charged

When

really

magistrate who

public prosecutor.

instance,bound

treasurer

is

this

to

than

punishingdelinquents

American

laws.

vol.

of the

to

inform

the

court

of the bad

of

state

i.,p. 30S.
holds

county

back

his

of

Laws

account.

i.,p. 406.

private individual

breaks

down

the township
sue
can
a road, he
Massachusetts, vol. i.,p. 309.

of
of

vol.

for

of

have

in

of

they relynot

the

Massachusetts,

X If, for instance, the


Massachusetts,

of

have

county

the

provinceit is

by

apt

of sessions, because

court

some

task

as

if he

officially
prosecuted by

are

studying the
and

honesty ;

not

nothing of

township

more

would

they belong of

citizen,"and
in

and

in his person

committed

is made

are
legislators

than

exercises

which

offences

administrative

such

sions,*
ses-

been

county,

Grand-jurorsare

been

the

have

not

as
prosecution

whose
officer,

especialappeal

more

of

the
frequently

more

of

appoint agents

Americans

certain great offences which

are

quainted
unac-

judicialadministration.

The

to

to

centre

habit, and

court

fine ; thus the treasurer

of

But

administration.

the

apprize

to

devolves

of

inspectionand

the

which

the

that

to

are

court

in the

going on

sessions.

of England.
legislation

functions

it could

townships,he

was

been

the children

are

the officers of
other

have

powers,

in the

of each

town

in the

what
of

court

would

township

each

the

England

delicate

accusing magistrate had

an

chief

by agents

acquainted with

better

New

the

trate
magis-

this is the

public prosecutor

the

of

conduct

; and

of

difficulty.If

without

rely been

the

readilybe perceivedthat

it may

and

Americans

office of

the

when

its notice

under

The

system.

over
right of inspection

no

only interfere

can

brought
specially

part of

ro"

sessions,has

of

court

tribunal,which

that the administrative

alreadyobserved

or

or

is wounded

the county

for

in

consequence

damages

at

the

of

the

sessions

82

The

England.

New

in

the business of the

less active does

south,the

township or parish become

; the

decreases
rights,

; the

of

and
of functions,
magistrates,

of

number

the

toward

descend

we

more

affairs ; towninfluence
on
population exercises a less immediate
ous.
raeetingsare less frequent,and the subjectsof debates less numerthat
The
of the elected magistrateis augmented, and
power
of the

diminished, while

elector

differences

These
of

state

York

New

majorityof

the

is

by

with

no

into that

them

centre

of the

ceases

to

be

the

offers

fewer

leave

New

the

town

is
of

administration,and
and

the

by

legislature.In

and

in

assembly of the

details

see

Revised

digest of

in the

Constables,
of

general

townships,
as

p. 412

beside

of the

Powers,
of

its

Poor,

state

of

the

power
the

the

between

the

of

the

Ohio,

act

the
of

voted

York,

on

county

by
the

county assemblyhas

the

trary,
con-

inhabitants

who
representatives,

The

of

stitute
con-

the

of New

Duties, and

the

of

composed

expenditureis
of New

As

becomes

business

is

Pennsylvania,the

Supervisors

this

importanceof

county, which

state

state

common

But

York, part I., chap, xi.,vol.


Privilegesof Towns."

Pennsylvania, the words, Assessors,

the

of

of the

nature

the

laws

the

Overseer

and

the

his council ; but

county .f

Statutes

Of

i.,pp. 336-364, entitled,

great

the

knowledge
township consequently

sessions,which

certain number

"

See

Ohio

of

choose

county
the

those

the

of

in which

intermediate

representative
assembly,and

the

citizens.

find that

and

in Ohio

active administration.

and

of

governor

township

forms

In Massachusetts

the court

by

are

Massachusetts.

the

the

to the

the

citizen.

the

named

national

For

wise

states

of their mother-

It

states

England, therefore,we

is conducted

no

to

where

graduallytransferred

government

quorum

of

guarantees

we

each

descend

we

of

but
The

principalpart

township.

and
generallydiffused,

is less

has

as

case

the

in the

northwest.

northwestern

township in

affections

and

the

they adopt.

lies in the

interests

munities
com-

Pennsylvania ;

the habits

in Massachusetts

that

seen

publicadministration

town

which

in

to

settle in the

dissimilar from

have

centre

advance

we

England, and they carry

means

We

strikingas

certain extent

sensible

very

emigrantswho

natives of New

country

perceivedto

they are

less

they become

be

may

local

the

less influential.*

and

is less awakened

of
publicspirit

the

of

of 25th

and

Highways:

Collector,
in the

acts

February, 1834, relating to

peculiardispositionsrelating to divers

town

officers,such

of the poor, fence-viewers,


township's clerk, trustees, overseers
appraisers of proptownship's treasurer, constables,supervisor of highways.
of New
f See the Revised
Statutes of the state
York, Part I. chap, xi.,vol. i.,p.

erty,

83

rightof taxing

inhabitants

the

to

of
respect it enjoysthe privileges
it exercises

time

same

directs the administration


within
Such

and

I should

point

to

details of the several


suffice to

show

If the

vary.

in the
the

States

himself

concerns

take

interfere

not

be met

may

The

with, but

not

certain

officers

period,it

has

series of

dependant

functionaries
is disseminated

the

the

been

there

the

by

which

410.

county

Idem

chap, xii.,p.

Pennsylvania,
In

the

state

at

the

of New

in the administration

366:

also

words,

of

in the

the

each

but it does
this rule

the

well

as

executive

the

power

the

arose

dent
indepen-

many

pensable
indisof

courts

are
representatives

See

of

State

Levies,

township elects
as

rules of

the

as

Hence

p. 263.

and

the citizens.

appointedfor

the

of

all the

cause

among

establish

control

to

tice
jus-

system of pecuniarypenalties,

of

Acts

to

or

almost

are

their

and

County-rates

York,

elected

hands.

February, 1S24,

of the county

bound

"

been

functions,and

are

multitude

25th

what

vate
supplyhis pri-

governs,

has

impossibleto

secondary bodies

commissioners,

the

of

judge

Exceptions to

everywhere

administration,and

the

stituted
con-

upon

therefore

at least from

by, or

of introducingthe
necessity
over

based

best

are

does

contrary principle.

either
are

laws

in the United

that

the state

authorities;there

as

in

The

everywhere

able to

county
:

in various

same.

not

are

most

person

differently

their character

is the

one

every

the administration

numerous

always

are

of this doctrine

be chosen

the

county

their administration.

first consequence

As

the

specialinterests

with

magistratesto

less

change, but

township and

their

of

care

minutely,

are
principles

or

township

the

alone, and

The

wants.

it

alreadysaid

which

it is at least true

principle,
namely, that

same

more

features

and

law

I have

what

These

are

manner,

county

But

rests.

township and

same

American

county
Were

states.

the
always substantially

are

their outward

and
differ,
not

States

they

of

systems

on
generalprinciples

their consequences

localities ; but

thority
au-

stillfarther differences in the executive

out

the

the
federal

the

communities.

of the United

applied;

which

of
provisions

the

restricts their

in Massachusetts.

than

in

present

examine

to

have

bounds

the

at

in the county, frequently

townships, and

the

narrower

administration

town

may

of

in this

extent; and

legislative
body :

power

principaldifferences

the

are

intention

my

much

real

executive

an

certain

the

Ohio,

an

con-

relatingto

act

Digest of the

Laws

of

p. 170.

representative,who

in that of the

township.

has

share

84

strained
the Union
of

the laws.

obey

to

to the other.

public officers,
or

urgent

in all the states.


the

from

peace

the

bestowed

the

counties,*either

ists
althoughit ex-

the

townships and

as

the

judges of public misdemeanors, but in most


importantclasses of publicoffences come

more

of

or
publicofficers,

election of
the

of

absence

'

from

are

the

Maine

to

has

York

the

over

universal
the

of

of the

southern
See

Revised

visit

colleges

the

superintendence
regents

"Public

and

school

tration,
adminis-

system

that of New

of

centralized

of New

At

the decision of

appeal for

of the

of Tennessee,

arts.

other

affairs.J

all the

with

charged

are

State

York
cases,

secondarybodies.f

similar

details

Judiciary,

Idem,

regents

Provisions
of

the

and

state

is

state

to

report

only granted
the

by

of

distributors

university annually
legislature.

the

colleges in

the

necessarily of the

are

of the

to

Their

become

recommendation

the

on

for the

state

this

order

encouragement
See

money.

chap, xv.,

Statutes, vol. i.,p. 455.

obliged to send

are

annual

an

report

to

the

superintendent

to

the

same

the

on

person

number

and

condition

p. 631.

himself

can

Revised

similar

their
reasons

which

the

are

the

ment.
govern-

denominated

are

p. 448.

conceives

is final.

university,who
regents

distributed

are

report is annually made

one

The

of the

in the hands

centres

of the

455.

charter,

funds

year

the

Idem,

poor.
any

members

lieutenant-governor of

commissioners

state.

decision

weak

the

exercise,in certain

the

tions,
func-

introduction

(and

In the state

public instruction

the

of

in need

every

town-officers),he

laws

of

Instruction," Revised

% If
are

states

the cognizance

American

traces
direction)

academies, and make


for several
inefficient,

is not

learning, and

the

states

county-courts

Statutes

Statutes, vol. i.,p.

corporations stand

of the

the

states

the

and

governor

number.

The

of

legislature names

regents ; the

of the

court

instance, the direction


The

of

or

"c.

For

of the

of

some

government
over

administration.

In

control

they constitute

Taxes,
t

or
inspection

some

of

be discernible.

begin to

sort

^n

secondarybranches

in this

officers of the central

the

powers,

characteristics

most

the

of the

under

and

Floridas.

advanced

administration

times

of the

of their
inalienability

the

gradationof

control
judicial

officers

public

as

ordinarytribunals.

of the

The

The

use.

the administration

of

the

judges

same

to the same

in
everywhere participate

peace

executive, in

the institution of

; but

always turned

of

misconduct

the

on

derived

source

common

in all the states,it is not


of
justices

been

Anglo-Americans

The

of the

performing the part

end

one

punishing the

of

power

has not, however,

cases,

of
justices

The

of

system obtains from

The

to

appeal

of New

to

be
the

wronged

above

York
The

cited
but in

by the

superintendent

Statutes, vol. i.,p.

those

unproductive.

to

are

school

of the

commissioners

(who

primary schools, whose

4S7.
to

general

be

met

these

great authorities of the

with

from

attempts
state

have

time
at

the

to

time

in the

centralization

are

right of watching

85

In

the

of

state

other

parts

as

offences

the
The
in

of
is

tendency

same

the

general

administration

of

means

judicialpenaltiesare

York

New

feature

prominent

local

OF

described

have

remains

for

ground

I may

various

rest

been

In

to

what

In

1830

I shall

therefore

is

application,

several

the

Thus

Statutes,
t

vol.

Several

furnish

such

i.,p.

traces

committees
of

state.

See

the

Vol.

without

agents,

for

necessary

their

forms

become

are

to

me

give

judgement

to pass

school

him

with

of

an

order

without

the

complained

obliged

which
to

and

means

upon

them.

punishing

disobedience

punish

of

exacting compliance.

annual

due.

were

prosecute

or

to

to

them,

as

law

the

his

if this

that

added,

He

addressed

report

neglected, notwithstanding

had

accounts

rewarding

in his

commissioners

the
be

should

he

schools

that

give

to

district-attorney is directed

the

dollars, unless

the

These

directs, before

tribunals.

proper
*

to

continued,

omission

the

of

procured.J

theory ;

is

stood
misunder-

forms

nations, and

afterward

right of commanding,

the

legislature, that

the

only

is

empowered

never

superintendent of

the

be

rational

and

This

being

in written

found

easily to

endeavour

subordinate

the

individual

same

of

now

describe.

now

controlling

has

ted
Uni-

it

government.

fear

all constitutional

place, therefore, it

this

analysis;

he

in the

us.

short

The

;f but

states

administration

and

state

are

simple

upon

adopted by

familiar

the

and

is to be

say

hands.*

STATE.

the

constitutions, which

constitutions

and

to

other

some

cuting
prose-

fewer

administration

rapidly,without

over

pass

THE

of

right of

in

in

than

independence.

townships

speak

for all I have

have

the

to

me

in

the

of

the

is vested

faintlyobservable

is its excessive

States

officers

public

and

less used

L"

of
See

right

been

to

all fines

recover

speciallyawarded

to

below

another

the

of

sum

magistrate.

fifty

Revised

383.
of
the

centralization
town-schools

Laws

Constitution

has

of

of

may
are

be

Massachusetts,
New

York.

discovered

directed

to

vol.

make

i.,p.

in Massachusetts
an

367.

annual

report

for
to

instance,
the

tary
secre-

$6

POWER

LEGISLATIVE

Division

of the

legislative
power

the firstof which


The

is

different states
that it most

commonly

which

is

is

the

The

of

house

inasmuch

power

as

it

It

power.

partakes

and
offences,
political

other branch

in the administration,and

whatever

publicfunctionaries

of certain civil cases.f

always small.

usuallycalled

of

executive

an

trial of certain

also in the decision


its members

assemblies,

assumes

in the

judicial
power

in two

of the senate.

name

it is in the nomination

j* but

tives.
Representa-

Bodies.

two

is vested

the

of

House

"

legislative
body ; but it sometimes
and
It takes a part in the
judicialone.
ways, accordingto the constitution of the

in several

government

of

commonly

executive

an

of

Senate.

"

these

of the state

generallybears

senate

becomes

Houses.

two

functions

Different

"

The

into

Legislative Body

STATE.

THE

OF

The

number

of the

of

legislature,

has
representatives,

onlytakes

times
some-

share

no

part in the judicial

impeaches public functionaries

before

the

senate.

The
to the

conditions

same

and

manner,

the

by

for which
house

in the

to

while

the

senators

term

that of the

in office

remain

longer

three years.

or

privilegeof being chosen


seriatim,the law

renewed
a

is,that the

generallongerthan

usuallysit two

being

them

latter seldom

did
Americans, plainly,

not

the other

in the

into two

elective ;

their

In Massachusetts

,f As

same

of

nucleus

men

takes

for
to

care

tomed
alreadyaccus-

juniormembers.

the

the other

was

exists between

body
legislative

legislative
body
It

in the

chosen

are

fluence
a
salutaryinpublic business,and capable of exercising

upon

and

the

years, and

preserve

The

which

year ; the former

several

They

citizens.

The
representatives.

By granting to

nearlyeverywhere subject

are

is chosen, is in

the senate

of
a

houses

election.

of

same

only difference

The

than

of the two

members

state

desire,
by

branches,
one

objectto

the Senate
York.

to

make

aristocratic and
create

the
represented

of New

not

is not

in the

one

interests and

invested

with

any

this
one

separationof
house

the other
a

bulwark

passionsof
administrative

the

hereditary
democratic.
to

the

power,

people,

functions.

87

only advantageswhich

The

States,are, the division

the United

consequent check
tribunal

of

Time

that if these

is still

power

the

was

far carried

by

away

the

legislative
power
henceforward

so

modern

be

which

regarded

nations, is

science

Office of Governor

in

Legislature.
"

executive

rights. The

the

to

in the

so

measure

the

law, and

division of the

the

its

necessitymay

the

republicsof

almost

axiom

an

tiquity
an-

by accident,

misunderstood

and

"

was

truth.

into the world

length become

at

an

His

before
thinks

may

State.

Rights and

of

power

his

by several
the political

in

executor

"

which

allows

pleasure.
and

usefullyemployed
of itsdecrees

he

with

may

be said to

truth

although he enjoys but

and counsellor

at

His

STATE.

occupies in relation to
Dependance on the People.

Place

The

Duties.

THE

He

of the
him

in

to

out

wants

the

providingfor

in all the

of the
means

them

be

tard,
re-

country

which
; he

which
undertakings

is

is armed

at least to

stop, or

the

portionof

He
legislature.

lays the

points

the title of governor,

under
magistrate,

legislative
body,
be

"

OF

the state

governor,

suspensiveveto,
the

POWER

American

supreme

its movements

natural

principleof

demonstrated

legislative

of
principle

of the

concurred

nearlyunknown

was

official moderator

with

as

Americans

himself

obligedto change

the

EXECUTIVE

the

represented by
its

of the present age.

THE

The

have

soon

great truths

other

many

Franklin

and

consequences

to

introduced

was

of

at first attempted to

finallyestablished,and

was

theory,which
"

like

people,as
Thus

the

division of the

which

States

necessary

houses.

two

the

greatest necessity. Pennsylvania

assembly;

Pennsylvanians were

create

This

of

the

the

the

United

the

singlehouse

of
sovereignty

but
to

of

the creation

convinced

have

only advantages, the

of
principle

only one

establish

the

its

; with

and

of

the revision of the laws.

experience,however,
are

legislative
power,

of the

assemblies
political

upon

appeal for

and

the present constitution

result from

he

is the

interest

88

the nation
is bound

large.*In

at

to take

shocks
The

and

armed

force.

the
legislature,

guard

to

the state

of the state

commander

When

the

of

is at the

lent
againstvio-

militia

the

which
authority,

is

of
disposal

force of the state, to

head

and

the

of

the

by generalconsent

the governor
laws, is disregarded,

of the armed

governor

dangers.

is the

the

awarded, to

of the

steps

military
power

He

the head

all necessary

unforeseen

whole

governor.

the absence

puts himself

quell resistance

at

and

to

order.

restore

Lastly,the

takes

governor

it be

townshipsand counties,except
of
justices

the peace,

which

in the

share

no

in
indirectly

nomination

he

has

administration

of

the nomination

of

the power

not

to

revoke.f
The
for

is

governor

one

two

or

only ;

years

OF

EFFECTS

THE

SYSTEM

United

States

Government

Europe.
by

Country

Community.

any

there exist two


discriminate

are
"

to

Order

of

of the

becomes

more

The

"

View.

Institutions

democratic.

is become

Administration.
which
much

"

necessary

bad

trative
Adminis-

"

greater
States
the

in

sequences
Con-

the

than

in

the

terest
In-

Government

Proportion

as

the

of this.

Reason

word

in

the

conducts

United

Support given to

"

more

and

Some

"

Power

of

general
to it.

precisemeaning being attached

which
distinct kinds of centralization,
with

THE

centralized

not

Government.

local

the

things.

everywhere kept in

Provincial

and

dailyuse,

Nevertheless,
it is necessary

accuracy.

Practically speaking,it
legislature; it often happens
"

from

States

this

IN

Government,

Administration

"

"

Centralization

to

Local

"

of

regular, less enlightened, less learned, but


Political Advantages of this Order of things. In the

social Condition

without

ADMINISTRATION

is less

of the
the

attending

be

to

STATES.

great generalCentralization

resulting to the United


Advantages

continues

him.

returned

general Centralization

the

generallychosen

always

LOCAL

OF

local Administration.

of the

Centralization
the

between

Distinction

he

that

so

UNITED

Necessary

is

and
magistrate,

majoritywho

the

strictly
dependant on

POLITICAL

elected

an

is not

always

the

who

governor

that the latter,


in voting
superintend the execution of it.
of the peace are
the justices
of the states
t In some

executes

measure,

not

names

nominated

plans of the
specialagents

the

by the

governor

90

of

renewal

the
hour

of

may

contribute

that

we

pay
state

proper

attention,we

cannot

act

the

of

centralization

it has

government

in

obedience

able to enforce

central

no

which

of the

of

same

remark

of all the

confusion

The

government.

ages ; the

cause

of

the

ways

of

absence

advancing

from

Europe

the

several

found

the

the

in

societywas

mass

that

the

divided

thousand

different

prevented the

nations

in

energy

the

middle

was
general interests,

up

the

centralization

no

applicableto

government

with

been

never

concerned

of feudal

broken

central

tion,
proposi-

its powers

right,or

was

the

It is

of
representatives

there
is

has

because

the

the

the

to

state

claimed

of

hands, and

thousand

among

local but

of

only

control, not

it is said

bring all

to

generallaws,

words, because

in other

people;

but

man,

point,it is

assent

affairs which

in the

authority,even

common

its

to

it is deficient.

the

to
refusingtheir co-operation

of

means,

that

was,

great body always

of that

members

reason

strength. It

shall find that whenever

because

the

But

action.

of

the

people.

are
preparedto
asserted,and we
frequently
able
that the German
never
empire was

into

victoryin

sinews

the

of
prosperity

durable

the

ensure

transient greatness of

to the

admirably

ensure

It may

resources.

graduallyrelaxes

it

but
strife,

it cannot
If

those

any

straightforward

course.

We

and

endure

produced
the United
and

Not
does

some

than

only

carried

been

be

it has

is there

to

but

neither
even

one

claims

empire

to be

lengthswhich

the

be

tempted

the

local

organ

in each

have

immunities,nor

impede

of

reason.

Its

is

Europe.

; not

but

more

only

ous
numer-

general been
the
its

ture
legisla-

authority
;

personalinfluence,nor

since it represents that


of

in

in

complete;

powTer

In America

nothing can

But

is

state

even

their administrative

exceed

government.
:

have

old monarchies

courts
to

nation

in America.

political
authority
;

county

reason,

sole

of

which

national

the

in the

and

is supreme

of

that

Local

European

no

and

exist.

of the government

legislative
body
source

interfere with

nor
privileges,

the

been

one

avoided, lest they should

state

prove

ever

district assemblies

of each

publicfunctionaries

centralization

easy

central administration,

no

disadvantageousconsequences

there exist but

duties and

to

States

great inconvenience,

without

States the

it would

compact

series of

dependant

no

authorityhas
could

that in the United

shown

have

own

majoritywhich
determination

is,

91

the only limit


therefore,

whose

power,

duty

superiorforce.

action

standingarmies
minorityhas
an

officers of the

; the

taxes

arise

the

to

before

method

of

would

prove

officers of

in America,

; far

the

and

much

from

of the

these

apt

to

to

maxims

forgetthe

vigor,and

of

at

it

of action

has

often

the

the

New

of

the

republicsof

American

governments

hereafter that

tendency,like

social power
to

the

of

its

is

power

wisdom

that

of

are

they are

too

ty
authori-

the

upon

French

the

themselves.

Under

constantly
changing hands,
of

the

and

of

is too

people, which
in
foresight

arises its danger

strength : hence

its

not

be

But

proceeding.

appropriateit entirelyto

it is subordinate

of

should

will not, then, as

shall prove

their

and

the

circumstances

because

niary
pecu-

that in whatever

efficacious modes

more

supposing that

government,

convention, is

whose

government

bodies dailyencroach
legislative

The

so.

it

government, organizedas it is

destruction

the

centralized,I
sufficiently

not

may

appointed by itself,removable

central

new

transmits

inconvenient, and

generalit is desirable

rapidmethods

to

of

justice. This

of

as

existence, the

rate

disputeswhich

government

central government

asserted,prove

World

to

the

treasurer

courts

well

as

the citizens.

its wants.

of

absence

In

its own,

introduce

to

proportionedto
been

ordinary

is slow

its

pleasure,and accustomed
will always be easy for

The

the

large.

were

materiallyaffects
by

the

the

war,

open

fixes

assessor

and

but

usuallyemploys

state

town

tails
de-

minority;

declare

; the

perpetualhinderance

demands

served

the

by

republics

county, to deal with

them

taxes
collecting

discontented
to

submit

American

felt. The

England

executive

lies in certain

The

public treasury ;

brought

are

New

the

to
refractory

reduced

the

collector receives

the amount

the

of weakness

been

not

township or

instance, in

for

Thus,

representativeof

to intimidate

has

army

to it,and
juxtaposition

government.

yet been

as

In

constrain

the

of

no

of
necessity

the

only symptom

The

the

no

the

it is to

of
have
as

control,is

its immediate

under

its action.

to

impotence, wall probablybe

the

the

and

cause

sciousness
con-

thus

its

mate
of its ulti-

destruction.
of

local

effects in America.

The

The

the
the

system

limits of sound

government

; for

administration
Americans

policy,in

order,even

produces
seem

to

me

the
isolating

in second-rate

several
to

have

different

ped
outstep-

administration
is a
affairs,

matter

of

92

of national

it

give

can

rarelyattempts

The

Europeans.

them

anarchy

do

nor

is

want

observed
frequently
which

that

imagine

the

prevailson

societyis in

mistake

by
of

state

till they have

gone

of

administration

the

towns

direct them.

to

counties,under

or

lead to

agents,they

temporary

or

is

Certain

of

exertions

the

is that it

consequence

disorder

they perceivetheir

national

no

to
territory,

undertakingsare
importance
subject.
state ; but
they cannot be put in execution, because

the whole

there

of

at first to

into the

deeper

tionaries
func-

generalpoliceregulations.The

appearance

surface, leads

to

impulse,the

and
is severelyfelt,
regulations

of these

administrative

no

different parts of its

on

common

issue any

to

the state has

stationed

of its own,
whom

As

importance.*

the

to

of elected

care

at least to

result,or

no

Abandoned

ble
dura-

no

benefit.

do it for themselves

could

it is

when

must

of the

readiness

it is evident

inspecting

local

the

Suppose, for instance,


ed spot,
would

the

in

not

that
to

of

government

it is

believed, in
to

county,

all who

are

an

aggrieved

that
own

officers

agent

informer, the
all

all

most

efficiencyand

as

been

written

of the

Union, by

assembled

have
which

the

free access,
has

author

odious

strength.

three

of

the

and

With

the

Editor.]

the

at

case

right

actively.
appoint-

some

county officers,
the

compromising

way

exists

in

America;
accidental

only an

of the

at

least

every

of

the

to

local officer

expense

where

in

sure

come

to

soon

United

provision above

provision existing,
is

every

And
year,

be

to

in each
which

to

be

States

mentioned,

heard

considered
; and
there

and

would

he

vestigated.
in-

public
lose

is little danger

find any
the

in each

appointed

state.

those
complaint,particularly

truth, is

in the

citizen,oppressed by a public officer,would


informer,and inducing a rigid inquiryinto

any

reference

which

would

characters

come
be-

the

more

at

and

town

it were,

as

the

repress.

least color

suggests
all

in

have,

four times

or

stationed

was

that

waive

interfere

kind, however,

without

public prosecutions

grand-juryis

against public
Such

state

every

conduct

county,

have

to

seems

to

tendency

is the

such

think, to

of the

of the
which

not

result,without

Nothing

the
is nothing above
county courts,
cognizance of the offences they are meant
note

it does

act,

to

others, must

deny that

ought not,

when

there

[This

the

tral
cen-

ignorant;

are

that this double

misdemeanors

be the

order

township?

the

the

prosecute

the

and
centralization,

But

state

of the

agent

an

when

true

the

zens
the citi-

it is accustomed

incapacityof

the

represents

uniform

more

the

administration, even

county,

independence

and

of

prominent.

more

authority which

The

; when

increase

the

one,

and

more

with

augment

slow

they are

as

they to obey. Indeed,

and

of

alert

as

be

that

than

the local districts

and when
is enlightened,

power

better
locality

this may

maintain

Europe

affairs of each

directs the

government

in

centralization

partisansof

The

difficultyin becoming
American
alleged misconduct.
"

his

93

people is

the

when

to reflect

accustomed

as

on

citizens will

the

welfare

than

of

and

possess ; it

certaintythe

is,I

busy themselves

to

well

aware,

about

their

am

be easier to interest them


in the

their

repairsof

of

great nation.

Such

it
springs,

submit

must

succeeds

Centralization

of

actions

and

to

persuade men

it would

ly
frequent-

than
etiquette

whenever

desirous

skilful

central

I
interested,

most

persons

not

to

central

lead.
mis-

power

all the details of the existence

very

the

of

powers

in motion

set

so

man.

cated
compli-

many

imperfectresult,or

to

men

indeed,
easily,

more

certain

in

consume

subjectingthe

which
uniformity,

regard,independentlyof

our

But

it does

efforts.

itself in bootless

external

task to

vigilanceexceeds

it attempts to create

when

And

the

however

of itself embrace

be, it cannot

may

dwelling.

enlightenedand

However

which

knowledge

of court
punctilios

supersede

strengthof

arousinga sleepingpopulation,

that it is either misled, or

inclined to suppose

am

in the

suaded,
per-

It is difficult to

affairs ; and

own

am

to the public
efficaciously

arduous

an

common

affects to

administration

case

of

giving it passionsand

are.

government.

means

and
interests,

the collective

more

the

authorityof

to its

the Americans

as

conduce

always

the

with

pointout

them,

on

contrary, that in this

the

awake

as
enlightened,

as

the

objectsto

at last commands

which

it is

applied,like those devotees who worship the statue and forgetthe


deityit represents. Centralization
imparts without
an
difficulty
admirable
the

social

policewith sagacity;

from

secure

improvement

in
precision

the

administration

as

in short,it excels
deserts it when
and if

China

being
which

me

to

completely

it exists.

is hailed

which
affairs,

in

more

or

Travellers

present

central
assure

the

us

that

the

may
Chinese

by

drowsy

the

in action.

accelerated

furnish
have

Its force

in its course

to

peace

that
the

the

that,when
most

China

perfectmodel

is

of

opened
a

to

central

European

species of wellnations

without

observation,it will

administration

which

to the

be

among

happiness,

improvement, stabilitywithout
industry without
strength, and public order
excellent.
public morality. The condition of society is always tolerable,never
convinced

of

heads

is necessary

of

perfect instance

most

administration

quo, alike

statu

;*
publictranquillity

and

preventionthan
be disturbed

disorder and

perpetuates

co-operationof privatecitizens
to

appears

which

in
society

signof perfectorder

is to
society

the

once

; rules the details of

the smallest

represses

decline ; and

and

of

conduct

of business

; maintains

petty misdemeanors

the most

the

routine

the

to
regularity

found

without
I
to

am

tain
con-

exists in the universe.

94

furtherance

of its measures,

Even

it invokes

while

they shall

in the

it

manner

without
details,
a

dark

and

be obtained

; its

(such

or

remain

he is

which

on

carriagemust
constitution

is the

of

conduct
in the

quentlyfelt
and

abandoned

The

are

seen,

Useful

hand

and

accustominghimself

societyare

In

exertions

the

design,the
A

finances

writer
of

of

France

always supply

the

kept

and

complex

those

place of

as

elsewhere.
is far less

the

quently
fre-

very

in other

as

culty
diffi-

some

of

be affirmed
and

the

; and

that the

as

am

the

citizens

and

United

States, has
of

he

has

proved

such
no

of the

details,*and

ple
peo-

itants,
inhab-

permanence

the

drawn
that

in

efficacious,

as

repair. Uniformityor

which

make

acquaintedwith

suited to the wants

comparison

knowledge

the power

than
authoritative,

numerous

of

man

less enlightened,
regular,

do
I

ministration
ad-

comfortable,

In America

more

world

better

the

rounding
sur-

succeed

that the essential guarantees of

schools

in the
of

the

cannot

well

time

to

with

mechanism

life easy

render

arrangement

talent, who,

time

sudden

the

in better

minute

from

as

unfre-

ference
of social indif-

all he undertakes, has

to

weal

common

established

roads

; and

America,

hundredfold

placesof publicworship
of

with

impulsesand momentary
is accustomed
to find a functionary

government

country in

no

has

or

rather

is not

instances

with

; for in

; but

strong there

for the

which

had

rigorousexactitude, are

which
police,

learned, but

Europe.

ble,
responsi-

regulationswhich

France

of

townships. In generalit may

America

as

conducts
less

will is

in schemes

complete contrast
which
undertakings,

interfere with

to

neglectedin

and

ever,
These, how-

in

who

European

lesser details of the

which

in

in which

acts

the citizen

uniform

Gross

be met

to

in the end

of the

in

man)

the

to work

its actions

dependant actor

countries,the people is subjectto

are

of

inhabitant

perpetual attention

in

free,and

States.

neglect are

civilization.

always at

they are

alliance of the human

of those

every

United

blemishes
disgraceful

exertions.

charge of

their results.

be

actly
ex-

unacquainted.

the

without

that

chooses,and

take

to

are

system

the

It is undeniable, that the want


control

the

co-operated,by

passivespectator than

which

the government

as

appoints. They

conditions

not

the condition

on

sphere,and only to judge the

themselves

are

much

impotence is disclosed.

is

it
assistance,

aspiringto guide

subordinate

they have
to

their

exactlyas

act

the secret of its

perfection
between

the

ingenuity cannot

facts,very justlyreproaches

the

Ameri-

95

of

ingeniousadministration,must

an

States ; but it will be

United

of

symptoms

of

robust; and

for

United

States

which

they

midst

of

would

them

be

more

but

me

administration

all the

or

care

my

mistress

of

of

energy

they live.

The

without

their

for the

cans

"

We

order

uniform

largest
plunged

in the

which

humblest

the
the

see

for

to

and

they

am

to

confusion

suspicious of
which

is

the

led

therefore

apparent

and
end

establish

perfectionof

consider
the

themselves

spot

effected without

more,

the

their

as

which

upon

rence
concur-

of the

event)

citizen is unconcerned

of the

accounts

expenditure

their
a

of

as

in

to

seem

order

to

of

their

benefit which

by

still

so

abandoned

than

live ; when,

accounts,
may

be

many

to

rigible
incor-

so

other

the

on

the

is to
the

distress

to

so

benefits.

many

to

the

ensure

of its

midst

prosperity of
the

attributable

is united

to

the
this

of accounts,

system

interests,and
rather

government

the

admiration

my

excellent

of

the

keeps
spiritof enterprisewhich
American
budgets are drawn
townships whose
struck
less uniformity, I am
by the spectacle ;

regularity in
that

suppose

budget,

compensated

true

vegetate

those

good

and

their

be

may

their

with

information, and

with

of

Whatever

the

adds

he

in

of France,

activity,the

method

mind

my

perish.

apprized them

commune."

ignorance of

that

the

small

not

olizes
monop-

sleeps everything must

fate of

in the

so

languisheseverything

have

exists

model

communes

society in perpetual labour, in


up

; nay

the

giving

grossest

I observe

with

may

if it

to

apathy

an

hand,

of confusion
after

to

town

result,when

the

to

greatest changes are

indebted

are

it

natives

the

my

France,
a departmental
budget
of a great man,
for
invention
centralization,that admirable
from
alike
in
all
which
the
and method
municipal budgets,
prevail

; and

townships

it

quillity
tran-

authorityis the

same

life,and

my

itself must

state

Europe

knowledge

sort

of

it, that when

(unlesschance

and

their

from

clangerfrom

all

if this

concern,

indifferent
of settlers,

kind

derive

existence, that when

it dies the

when

still

contrary plan. It profits

the

to

societybetter

singlearm,

Americans

libertyand

my

certain countries of

In

in

the

that

vigilantauthorityprotects the

my

languishesaround
sleep,that

of

the

from

taken

resources

of the

authority,

remote

argument,

and constantly
averts
pleasures,

path,without
absolute

of

centred

the

prefer it

to

me

after all,that
little,

of my

the

and

politicaladvantages which
induce

sake

accidents

counties

functionaries

by

at least

effort.

and

villagesand

the

secure,

the whole

system would

than

seen,

admitting,for

"

employed, if

the

usefully
governedby

more

never

country would

the

be

that

with

animation

by

the

hand,

barbarous, is

is checkered

time

same

instant

an

had

the

at

the other

somewhat

existence, which

an

indeed, but cheered

Granting

which, if it is

power,

for in the

sought

find,on

to

easy

be

not

the

of

the

the

same

American

and
evils,

French

am

townships
At
not

people,

its distress.

communes

cause.

of

welfare

misery and

any

averse

and

the

and

the
I

rate
to

an

am

evil

96

to the condition

of the church

the

or

or

of

so

far,that if his
of

tryingto

tillthe nation

to obedience
; but he

and license

state, it

the

publicvirtue

is

similar

inferior to

or

of their

country'sclaims

involuntary
pridein

an

of its

by-gone fame,

natural

no

foe

conquered

pensity
pro-

cer
offipettiest

the

as

arrived

at this

nation

has

and its laws,

though it may

perish:

or

contain

communities

they do

are

by

other

natural
the

nations

ing
the instinctive feel-

stillexists in their hearts


it bears,or

name

the

subjects,

disappearfrom

not

surrounded

suffices to

who

individual

will,has

; it is because

the

wait

and

tude
servi-

they are

themselves

endangered,

his oscillations between

Such
if

; and

life,it is because

of

and

dry ;

is extinct.

foreignconquest

to

ownership

affairs goes
is

same

of
spirit

its customs

change

of citizens

race

scene

writh the

perpetual. When

are

either

must

of

prey

law

the

of

own

it is true, before

; he cowers,

braves

This

free

own

its superior
force is removed

as

source

his

est
life-inter-

will fold his arms,

peril,he

his assistance.

to

comes

completelysacrificed

so

soon

the

avert

notions

no

things

powerful

only a

his children

that of

safetyor

own

has

of interest in his;

This want

improvement.

instead

He

repairs

all these

upon

property of

the

as

entertains

he

and
possessions,

in these

has

himself, and

looks

he calls the government.

whom

stranger

; for he

parsonage

with

unconnected

as

his street, the

village,the policeof

of his

give them

and

cence
reminis-

vague

impulseof

the

cause
be-

self-

preservation.
Nor

the

can

prodigiousexertions

country, in which

defence

of

lived

aliens,be

as

be found

adduced

that in these
the

permanence,

glory,and

parts of their faith

they defended
Turkish

that

as

long

as

faith.
their

taken

which

said

system

to

the

have

; for it will

The
religion.

was

the nation, were

become

an

all citizens.

they were
active

in the conduct

share

In

sultans

the

were

the present age

attributed

can
by itself,

to

absolute

The
of

in

the

rapiddecay,

despotismonly remains.
power

conceive,undeserved

produce no

triumphs of

they are

religionis departing,and

did it,as
itself,

taken

people in

defendingthe country they inhabited,

the victories of the

Montesquieu,who
to

in

be

incitement

of
prosperity

holy cityof
never

of such

their main
the

almost

they may

in favour

certain

by

but they accomplishedstupendous enterprises


society,

Mohammedan
because

; and

tribes have

the affairs of

cases

made

durable

an

authoritypeculiar

honour
results.

; for

On

ism,
despot-

close

in-

98

position
;

in his

been

have

might

state

these

privateundertakingsfar

could

effect.

it in

whom

feels that he must

is

one

the

lapsed because

have

ready, on

facts in

the

with

only one,
the

crimes

discoveryof
policedoes

exist,and

not

United

the

examinations

of

that

one

every

passports

himself

stay in the United

of committees
committed
is

of

conflict

human

race,

I believe

that

the

in

is

he

whole

the

saw

democratic

people.

in the midst

of

is looked

upon

is
are

to be more

The

the

in

no

is

reason

evidence
furnishing
ing
Dur-

who

man

Europe

his life

had
nal
crimi-

againstthe

See

as

Appendix

as

an

enemy

useful

to all

of the

nations,but

than
indispensable
can

among

tained
always be main-

the rulers have

I.

of

againsthim.

order
aristocracy,

liberty
; and
"

In

strugglingfor

of mankind

an

and

populationis merely a spectator

to me

In

France

spontaneous formation

county.

institutions
provincial

they appear

of

Nevertheless

interested in

the

state

stoppingthe delinquent.

certain

the

in America

do

nowhere

in

while
justice,

and

oral.

ica,
Amer-

criminal

numerous,

pursuitand prosecutionof

great crime

not

are

give

The

to that

compared

to be

States, I

unhappy being,who

an

ministers
the

for the

be

few.

are

rarelyelude punishment.

conceives

rather

disposalfor

unknown.

are

rapid and

of the act committed, and


my

at their

have

publicprosecutors

more

adduce

to

easy

I had

of criminals

arrest

are
prisoners

country does crime

be

tration
adminis-

thoroughlyacquainted.*In

States cannot

magistratesand

the

the

and

It wTould

authorities

This

ties,
publicauthori-

the

I advance, but

more

am

the

which

means

policeof

which

supposed to

not

energeticcentral

most

execute.

what

of

proof

itself as

to

support it.

to

exertions,joinedto that of

to

the

when

abandoned
are

one

assists in their fulfilment ; but every

state

unable

be

their

neither

Thus

its assistance.

privatecitizens

performswhat
frequently
would

zens,
citi-

limited,every

are

contrary, to guide and

the

action of individual

several

resources

relysolelyon

not

duties of the

; the

Europe

its

as

of

sum

of the

reach

the

it is not
thinks fit to interfere,

administration
in

within

the

government

it excites
degree represents,

some

their hatred

jealouslynor

the

all that

than

end, the

in the

but

exceeds

is
authority

administrative

the

As

less successful

is often

he

Undoubtedly

all obstacles.

great deal

99

to

is to them

lose,order

aristocracy
protects the people

an

it

because

always

But

despot.

in small

freedom

affairs 1
where

What

evils.

united

the

mob,

resistance

by

no

and

alike to desire the


On

the other

for several
The

the

perceivedbut

gether.

when

But

the

the attributes of the

is

doing so

France.

In

the
liberty,

favourable

to

monarchy

the

the

king

of the

power

must

in the hands

of

the

into instruments
of

enemy

checks
was

at

still

character
handled

of

"

had

the

in

of the French
the

laboring in

people nothing
confounded

to-

alreadyin possessionof
; and

the

end,

there

as

of

the

was

trating
pene-

in

case

impulses in
the

Under

the

all

opportunity

two

were

despotism.
author

from

an

be confounded

was

one

the

laws;

and

ancient
below

cause

revolution

it

and

revolution

of

absolute

been

is

converted

itself the

declared
the

at

same

hatred

and

fact which

power.

despotism,when

Can

has

are

the

its tendency
This

double

been

ly
adroit-

they be

they

time
and

despoticpower

"

centralization.

to

provincial

frequentlyabsurd;

sometimes

indiscriminate

an

friends of

the

The

preceded

republicanism

to

which

only power

provincialinstitutions

of

all that

by

the

all the

distinguishable.These

oppression.

royalty and

to its abuses
once

are

administration,

is to concentrate
of

aristocracy
they had

of

it confounded

nations

"

and
incoherent, ill-compacted,

were

ought

tions
sovereign,certain vestigesof provincialinstitu-

were
half-destroyed,

institutions

sole

the

was

to

license of

scarcelyrefrain

never

other

citizens

following:

it can

revolution

oppositedirections,which

central

administration

the

French

the

is

present itself in

to

sure

of

hands

power

country

the

power,

equal individuals

government,

details of

into the
of

same

no

the

democratic

nations

of

has

provincialliberties.

because, beyond

mass

where

absolute

that

is the

in the

government

resist

to

temperatelyin great

dread

of

of

yoke

these

directly
represents the people
is to be

who

rule

the

which

among

it

use

Those

the

tendency of

constant

to

convinced

am

fall beneath

to

reasons,

strength of

despotism,

ready

power

manner

populace, unaccustomed

progressivegrowth

hand,

exposed

most

fear

of

excesses

is impotent,and

tie 1

who

like

offered to tyranny in

be

can

common

those

can

learn

concerns,

In

provincialinstitutions

How

privateindividual

every

are

without

democracy

the

from

organized

an

possesses

securityagainst these
to

firstrate consideration.

accused

defending

100

of

revolution

the
with

of

hostility

tyranny
I

visited
has

opinions
with

met

aristocracy

provincial
have

have

of
Am

that,

error

system

multitude

one

The
those

of

only

nations

which

upon

have

they
which
have

daily

fewest

with

the

See

of

of
the

the
I

their
tages
advan-

are

K.

in
the

of

divided

they

are

provincial

other

only

on

point,

one

on

agree

utility

them

institution

Appendix

of

them.

so

experience)

the

it.

"

evils

placed

naturally

are

theories,

deny

rank.

who

political

the

prosperity
all

they

foremost

men

on

which

but

regard

countries

among

and

power
:

the

when

and

unacquainted
censure

in

that

suppose

the

stitutions
in-

not

both

mentioned

I i

attacked

does

for

assigned

America

who

In

to

democratic

who

one

listened
In

others

benefit.

never

reasons

institutions

no

causes

was

of

of

great

found

provincial

have

the

destroy

know

attribute

opinions,

(and

are

local

I to

are

local

citizens

religious

pass

different

the

to

but

thousand

heard

country

openly

of

countries.

to

England

as

but

in

and

those

aspired

independence

heard

state

who

Union

the

of

the

secretly

who

men

in

slave

secret

system

established,

parties

the

ted
concilia-

freedom.

the

which

in

perfectly

different

of

admirer

be

may

and

people,

the

nations

two

most

of

of

professed

the

popularity

manner

rights

the

the

been

this

In

to

be

may

have

liberty
the

1*

words,
persons

all

in

ties
liberthose
who

101

VI.

CHAPTER

JUDICIAL

IN

POWER

Anglo- Americans

The

to

common

How.

what

In

"

all other

all

to

prevent

Why
"

SOCIETY.

of

Characteristics

the

ITS

INFLUENCE

ON

judicialPower

which

are

the

American

How

they

Judges
this

use

have

Right of declaring the

the

taken

Precautions

Right.
"

by

the

Laws

lator
Legis-

its Abuse.

thought

have

POLITICAL

AND

it a powerful political
They have, however, made
Organ.
judicialSystem of the Anglo-Americans differs from that of

the
"

STATES,

"

be Unconstitutional.

to

UNITED

retained

have

Nations.

Nations.

THE

it essential to

devote

separate chapterto the

judicialauthorities of the United States,lest their great political


cidental
importanceshould be lessened in the reader's eyes by a merely inmention

Confederations

of them.

countries beside America

; and

of government
not

am

has been

have
republics

World

the shores of the New

on

alone

adopted in

not

the

globehas

the principle
on
adopted by
judicial
power
of the United States is
judicial
organization

existed
been

in other

established

representative
system

several states

that any nation of the

aware

have

of

Europe ; but I
hitherto organizeda

the Americans.
the

The

institution which

the stranger has the greatest difficulty


in understanding.He

hears

occurrences
judge invoked in the political
concludes that in the United States
every day,and he naturally
functionaries : nevertheless,when
judgesare importantpolitical

the

authorityof

examines

the

contrary

to

the

usual

the

seem
magistrates

but

by

When

chance
the

malversation

recurs

parliamentof
to

visible ;
clearly
12

habits
to him

which

an
edict,or
register

tribunals,they offer nothingwhich

of the

nature

when

the
he

is

of those bodies ; and


privileges
interfere in publicaffairs by chance,

and
to

every
Paris

day.
remonstrated, or

it summoned

influence
its bar, its political
but

of

nothingof

the kind

refused

to

en-

accused of
functionary
as
a judicial
body was

is to be

seen

in the United

102

States.
of
the

The

Americans

first characteristic

duty of

arbitration.

the interference
to obtain

of

rightsmust

of

tribunal ; and

of

the decision

As

judge.

exist without

it may

attacks

given case

law

decide

the

case,

upon

clearlysteps beyond

he

it ; since

his

in order to

law,

law

upon

without

resting

invades

sphere,and

the circle

extends

the

upon

it,

in

judge

is

law

that of

legislative
authority.

the

The

characteristic of

second

and

specialcases,

on

brought

steppingbeyond

decide

rant
war-

discuss

to

When

case, he

however

if he pronounces

But

case.

called upon

not

to that
relating

obligedto

measure

some

be

long,therefore,as

being perceived.

of his customary duties,without


he is in

action must

an

is the

in order to

be contested

But
a

in all nations

judicialpower

is
uncontested, the judicialauthority
and

its action to

of its functions.

ordinarycircle

The

restricted
carefully

have

and
judicial
authority,

tics
ordinarycharacteris-

all the

retained

have

not

is,that it pronounces

judicial
power

general principles.If

upon

judge

in

decidinga particular
pointdestroysa generalprinciple,
by passing
a

ciple,
judgment which tends to rejectall the inferences from that prinand consequentlyto annul it,he remains
within the ordinary

limits of his functions.


without

of the

that

have

agreed

important,and

more

attacks
directly
in

case
particular

all nations

in which
a

having

if he

But

confine

to

perhaps

but
magistrate,

he

view,

more

the circle

authority
; he

useful

influence

sumes
as-

than

represent the judicial

to

ceases

leaves

he

his

generalprinciple

power.
third characteristic

The
act

unless it is

affair.

of the

until it has taken

appealedto, or

characteristic is less

This

generalthan

I
notwithstandingthe exceptions,

The

put in motion

be

must

called

upon

to

is to

wrong

is

judicial
power
repress

be

think

by

it may

produce

be

result.

to

own

and

criminals,hunt

accord.
usurp

violence

the
to the

out

wrongs,

or

examine

who
judicial
functionary

When

censorshipof
passivenature

the

laws, would

of his

in

authority.

open
some

but
sential.
es-

it is

; when
an

but it does

into evidence

should

an

action ; it

redress it ; when

it is prepared to interpret
it ;
requiresinterpretation,
pursue

of

crime, it punishesthe criminal

redressed,it is ready

two

regardedas

devoid
a

to
inability

cognizanceof

the other

its nature

in order to
a

is its

judicial
power

act

not

of its

proceedings,
measure

do

103

The

Americans
of
a

with

decision

with

invested

immense

his

and

judges,it may
not

be

that

Americans

the

In

other

laws

as

as

that

by

"

individual

an

righthas

justicein

of

to

which

power

they do

simple fact

the

rightof

judges to
apply such

to

but claimed

"

in America

not

This

it.

party, nor

fact

only be

can

the
the

received

part

of it.

In

no

once

theories
political
American

An

France
of

nor

societyas

constitution
is it
in

binding on
may

be

the

altered

accordingto
and

the

It is easy
upon

the

but

as

long as

positionand

the

what

See

by

the

ment
parlia-

America

as

in

ordinarypowers
whole, which,

people,is

less

no

predetermined
the

The

rational.

more

detached

in

dergo
un-

which
cases,

constitution

originof

may,

all authority,

predominatingforce.*
these differences must

manner

rightsof
*

be

it exists it is the

of the

perceivein

In

; the

privatecitizen,but

people

any

may

immutable

to

the whole

the

on

the will of the

sole vehicle
to

of

and

assembly.

simple and

modification

determination

rules.

realityexist

supposed

France

acknowledged right

an

constitutent

It constitutes

than
legislator

by

more

is not

England.

established

therefore,vary,

are

susceptibleof

it represents the

as

and
legislative

of America

in

not

plained
ex-

rightof changing

the

England, the parliamenthas

perpetualchanges,it does
is at

has

power

constitution ; as, therefore,the constitution

modify the

to

that

much

so

of the American
constitution.
In
by the principles
constitution is (or at least is supposed to be) immutable

theory is

laws.

the

on

countries; but

other

contest

claimed

been

all the authorities ; and

is found

those of other

as

libertynot

at

thority
au-

be unconstitutional.

to

similar

courts

recognisedby

them

to

appear

aware

in vain

left them

his

sphere of

rather than
constitution,

the

on

similar
perfectly

lies in the

the

acknowledged

words, they have


may

am

it is

have

their decisions

found

this difference

of

cause

duly

he is nevertheless

same
a

been

has

cause

If the

derives

only pronounce

only conversant

therefore

the

are

he

whence

is

nations ; and

other

action

of

asked

The

possess.

until the

act

political
power.

means

judge can

arisen,he

positionis

His

magistrateof

of the

American

an

and he cannot

the court.

teristics
characdistinguishing

these three

has
litigation

when

specialcases,

that

retained

judicialpower

the

brought before
to

have

the

Appendix

bodies
judicial

L.

act

in the three

104

countries I have

laws

disobeythe

to

cited.

the
constitution,

the tribunals

If in France

would

modified

be

can

the

to

placed in

their

a
right of interpreting

the

have

of which

constitution,the clauses

being opposed

in fact be

would

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on

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no

They would, therefore,take the place of the nation,and exercise


absolute a sway over
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as
would

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Undoubtedly,as

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constitution

governs

it is the

first of

the constitution

the

three powers

But

neither

of

America.*

as

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as
legislator

laws, it cannot
the tribunals

law.

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to

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therefore

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Appendix

M.

judges

decisions;

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on

in
society,

motive

America,

magistratesto

and
political

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perforceencroach

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danger of
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namely, on

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laws, and

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always

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as

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the

; and

sacred

the

represent

magistrate.

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but

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be unconstitutional.

case

privatecitizen

obligation
by
of every

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constitution

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men

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applicable

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to

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remarks

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who

people,than

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rightof resisting

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stillmore

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since the

of

grant

men

legislative

themselves.

but

one

people to

the

power

the alterations which

oppose
to

judges

the
unconstitutional,

indirectly
given to

body, since no legalbarrier would


might prescribe. But it is better
the constitution

be

to

the French

clearly
where

obedience

is to be

by

feared.

logicalreason

106

of

rors

legislator are

the

felt ;

most

are

which
I

serves

be

at

If

the

he

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once

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the

obliged

judge

refuse

to

performs

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belong

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of

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system

one

often

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bring

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cares

felt

lest

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American

contestation

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justice
of

against

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the

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and

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statute

barriers

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discrimin
in-

Americans

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termed

by

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can

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of

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of

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inde-

because

magistrate.

respected.

duties

legislation cannot

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be

convert

strict

judicial censorship

as

them,

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the

dangerous.

prove

ever

citizen

to

law

the

abdicating

profession

of

such

as

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political arena

the

interest

the

his

justice over

precise species

into

the

when

easy

it

when

respect

would

politicalquestion
with

functions

be

only judges

it without

inasmuch

even

He

The

case.

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brought

is connected

resolve

to

cannot

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to

when

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brave

to

obeyed

useful

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order.

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to

attacked

and

to

directly,

and

him

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oppression, they

will.

own

it would

of

public

to

as

encourage

is weak,

and

is

fact

courts

resistance

consequently

judge

his

spiritmight

when

say,

instrument

an

of

He

to

well

any

oppose

emanate

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be

into

them

they

is

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strong.

to

would

laws

The

appreciable

legislator openly

the

attack

party

consequences

American

the

liberty as

to

afraid

be

of

practice

this

only

and

positive

evil

prosecution.

favourable

moments

from

power

upon

believe

sometimes

day.

every

But

to

could

other

at

they

basis

most

judge

of

the

inclined

am

and

as

always

it is

and

their

whenever

exposed

be

which

politicalassemblies.

no

have
plete,
incomcases

in

the

stitutional,
uncon-

have

107

United

the

In

VIII.

all the

States

before
An

TO

Tribunals.

and

Americans

THE

have

Citizens

ordinary

the

The

"

GRANTED

POWERS

OTHER

the

AMERICAN

they

English

of

Right

the
How

"

JUDGES.

indicting the
this

use

Art.

"

understand

cannot

public

Right.
the

75

Purport

tionaries
Funcof

the

of

this

Clause.

It is

have

citizens should

of judging
justice,

of
when

be looked

cannot

the

to

have

increased

to

the

laws, is

executive

natural

so

all

that

ment,
govern-

time

in the United

the

on

seem,

respect which

have

contrary,

is due

rendered

scrupulousof offending public opinion.

more

small

the

struck

by

United

States

law

must

the

be serious.

exist,to induce

when

they

This

careful

nations
of

than

those

it is too
In the

the

as

that

same

not
a

ground

to

of

public

action

an

complaint

prosecute

furnish

to

this circumstance.

be, is always a

warrant

can

at

therefore

must

and pubpublicofficer,
lic

these

upon

the

grounds of complaint,

facts present themselves

regard

the

rightof

impeachment

whole

minor

of

republicanform

sufficient guarantee of

the

of the

reach

the

do

state

they hold

the

in the

It is easy to attack

which

was

being prosecuted.

depend

not

for
institutions,
two

not

afraid of

are

does

solid

individual

an

are

motives

it may

nature

are

occur

in accountingfor
difficulty

no

lawsuit, of whatever

journal,but

offica"s

trials which
political

expensive undertaking.

difficult and
in

I have

; but

man

of

number

the

to

those who

in

power

the

do

at

to

it

that

authorities,and

same

the

public officers responsible

Americans

means

the

to

one

fore
be-

have

right granted

to be weakened

me

renders
The

this

by

The

agents of the

the

appear

land.

the

judges of

to

judgesshould

extraordinary
privilege.Nor

which

the custom

by

the

an

as

upon

springsof government
States

all the

that

violated

have

they

all the

public functionaries
rightof indicting

the

punishingpublicoffences.

of

courts

country like America

free

ordinary tribunals,and

the
power

that in

natural
perfectly

in
of

their

the American

the

officers
principal

independence.

which
prosecutions,

community, is

actions which
great judicial

better

are

These

England.

are

pledge of

But

within
freedom

rarelyemployed

until

late.
middle

ages, when

judges inflicted

it was

the most

very difficult to overtake


dreadful

tortures

on

ers,
offend-

the few

who

108

arrested,which

were

since

It has

been

mild, it is

more

In

the

drawn
the

All

of

agents

the

of

offences
of the

the

Constitution

"

spiteof

in

the

found

the

conseil

of

centre

in

They
France

at

were

was

of

the

been

injuredby

of

It

by

the

offence

rogaded
we

allow

of the

and

the

thingsto

law,

which

the

tempted

violence

the

in

the

the

council

another

ing
hav-

commit

an

to

accuse

before

the

extorted
our

by

of

could

servants,

being

citizen

me

force.

of

t# credit

falsehood

who

so

or

that

had

mitted
com-

annulled

displayed itself

We

have

had

reached, since

justiceand

impose

had

solicit from

proceedingswere
then

ished
pun-

who

the revolution

forefathers

the colour

alone

his

from

the

sed
compo-

king, after
of

former

that

what
some-

judicialbody, in

prefect, to

Despotism

crown.

under

that

againsta public officer

point which
pass

men
English-

when

redress, they refused

sometimes

was

always

to

sovereign is obliged to

obtain

wTere

the

obedience

from

them

to

wrarrant

authorityof

openly, and

called

frequentlyhappened

parliament issued
an

have

But

that the

so

"

commanding

of

the order

abuse, and

ignorance.

not

of state, to prevent the

sovereignpermissionto

flagrantan

administrative

an

crown

I demonstrated

when

"

of

clause

it is still maintained

politicalcauses.
was

servants,

power

councillor

but

the

on

all

d'etat

term,

of his

one

has
injustice,
called

the

dependant

men

ordered

the

of

sense

conseil

the

that

common

This

preliminaryand

the

case

led to conclude

once

exercised

in
tyrannicaljurisdiction

told them

which

nation.

the

can

functions

great tribunal, established

which

kingdom,

the

in

VIII.," and
of

75.

of ministers

ordinarytribunals."

Pan

de

was

Art.

"

their several

d'etat ;

treated

constitution

in explaining its meaning


difficulty

utmost

d'etat

the

just complaints

Americans.

or

conseil

be

to

facilitating
viction.
con-

the rank

relatingto

and

English and

introduced

was

below

the government

prosecutiontakes place before


survived

The

republic,a

followingclause

decree

French

the

certain

oppressionare

tyranny and

of

prosecutedfor

virtue

by

VO.

in which

be

only

efficacious.

more

of crimes.

more

crime, by lesseningthe penalty and

year

up

justiceis

that when
time

that

the numher

diminished

means

discovered

hold

other

like any

no

at the same

Americans

the

by

upon

the

them.

then

ret-

sanction

109

VH.

CHAPTER

POLITICAL

of

Definition

JURISDICTION

politicalJurisdiction.

France, in England, and

only

Sentence

pass

Removal

from

States.

than

Penalty.

"

frequently

more

Political

as
Jurisdiction,

States, is, notwithstanding its Mildness, and

Mildness,

powerful

most

Instrument

Jurisdiction
by political
the politicalJudge

in

perhaps

of

Sentence

passes

can

it Exists

in the

ted
Uni-

of

that

Consequence

Majority.

of the

Hands

in the

in

America

In

"

He

"

STATES.

UNITED

THE

is understood

What

"

United

public Officers.

on

Office

in the

IN

that temporary rightof


by political
jurisdiction,
body may be
legal decision with which a political

I understand,

pronouncing a
invested.
In

absolute
of

name

of

is

his

of

of

the

sufficient

prince,in

whose
the

is entertained

idea which

the

duction
intro-

the

sovereignof

the

everythingelse,and
is of itself

power

much

as

from

accrue

procedure;

prosecuted,is

of

as
justice

can
utility

no

extraordinaryforms

offender

an

courts

governments

security. The

only

thinghe has to fear is,that the external formalities of justice


may
be neglected,
and that his authority
from
be dishonoured,
a
may
wish

to

which

the

tribunals

it

render

majoritycan

as

But

absolute.

more

exercise

never

absolute monarch, the

an

been

vested

been

thoughtbetter

for

time

in the

in

the

the

England, France, and


which

use

principle.In

temporary confusion

United

the

chambre

des

these

England

offences,
they are
Vol.

I"

and

laws

three

to

has
the

between

violate the

States, have

; and

necessary

the

the

competent

have

house

highestcriminal

althoughthey do
to

established

this

it is curious to examine

great nations

in France

pairsconstitute

nations ; and

occasionally

government.

in their
political
jurisdiction

different

has

the

upon

of society. It
representatives

to introduce

unityof

countries,in

influence

same

judicial
power

functions of the different authorities,


than
of
principle

free

most

not

try them

made

of the

of lords and
court

the

of their

the
spective
re-

habitually
try all political
all. Another

political

110

body enjoysthe rightof impeachment


only difference

the

the

respect is,that in England

they please
of

the

countries

in

France

his sentence.

awards

in

as

impeach, and

to

the

senate

by

the

house

class of

the

belong to

must

of

rightof impeachment by

exists between

tribunals

Europe

penalcode, while
office
political

for

and

Suppose,

for

by

his life.

crime of
and

Thus

the

the peers

of

great difference

of
dispositions

the

offender

deprivedthe

incapableof filling
any

presidentof

and

alone

birth,their rank,
of
privileges

to

of

the courts

assembly.
great political
:
magistrate

punish the
law

he

that

restricts him

and
office,

to

as

The

of all the formalities of

is found

the
guilty,

and

to

all the

treating.

the

laws

may

be

to

of
their

this end

all

into

and
distinguish,

authorityof

justice.When
a

to

transformed

French

to

judge,

of all the duties of that

English or

sentence

or
liberty

are

by

then

temporarilyextended

admit,

to

the observance

an

state

tives
representa-

his

of

is then
legislator

he exercises

is impeached before
and

in the

States

; he must

subjectwe

is established

justiceare

is called upon

offence ; and

the

of

try great offenders,whatever

their powers

or

house

deprivehim

can

accuratelyillustrates

is intended

; the

United

the

degrades him

senate

which
political
jurisdiction

Europe

the

him

high treason

the

jury,which

This

the

instance,that
the

committed

be tried

those

is,that in Europe political

they have

declared

have

of

as

persons

is
representatives

the

inflict all the

to

senate

terminates
future,their jurisdiction

the

impeaches him,

the

the

ordinarytribunals begins.

of the

the

America

and

in America, when

rank,

that

than

deputies. But

empowered

are

his official

the

the

publicfunctionaries.

the

of

of the

and
representatives,

is less extensive

that

isting
ex-

judge :

to

only try such

can

France, while

generalthan

branch

one

offender, and

senate

The

deputies
ministers

of all the

another

the

has

the

use

Europe,

of
jurisdiction

of

in this

punish the delinquents.

to

But
it

before

brought

persons

nation

make

may

representatives
arraigns the

of

which

impeach whomsoever

may

house

upper

authorized

is
legislature

more

countries

prosecutionagainstthe

States, as well

United

In the

the

of the

laws

penal

are

of lords

crown.

In both

house

of

this mode

only employ

can

commons

lords, while

the

before

house

the two

exists between

which

the

before

high

tionary
public func-

nal,
tribupolitical

depriveshim ipsofacto of

his

Ill

it may

functions,and
them

or

interdict is
In

be

regarded

as

the decision

States

of

justice
; although it
it is

which

offence

an

founded, since
at

the

been

the

political
body

with

most

dangerous enemies

party

is the

had

been

the

means

the

The
United
which

But

States
he has

again.
the

This

act

which

is

the

be in the

may

this

in

invest

American

the

the

legalpower.

to

the

the

is

fenders
dangerous of-

most

entire subversion

citizen

prevent him

administrative

mixed

we

cal
politi-

intrusted

they are

the

the

the

of

laws

the

interdict.
political

system

from

obtains
of

in the

authority

an

acquiringit

ever

sanctioned

measure

this matter

they have
the

surrounded

by
the
the

securities of

condemnations
deprived all political

penalties.Every
point;

If it

of

resources

which
political
jurisdiction

they have

strengthof

disposalof

which

reach

the

no

by exemplary punishment,

placed at
with

the

to give society
legislator

offences

at

not

where
republics,

where

with
publicfunctionary

subjectall

the senate, while

theless
; never-

possessionof

judicialinvestigation.In

and

take

to
legislator

no
exercising

never

amiss,and

created

of their severest

constitutions

can

at

murmur

removes

from

his

been

evidentlyan

have

on

since
public functionaries,

authorities,and

aim

who

of

court

motives

its sentence

especiallytrue

weapon
it

and

used

senators

generalobligedto

is,therefore,to deprivethe

trial ;
political

traced

the

men

formalities

Americans

first of

objectof

main

this is

all have

likelyto

although

the

the

the
practiceof ordinaryjustice,

would

; since
not

state

repressingstate

imperfectone,

are

of the

the

tribunals.
an

circle of

intention of

the

accordingto
penal code

the

by

of

and

formalities of

of the American

is increased

leader

many

to

all ; and

favour

is in

to

administrative

its action would


great judicialauthority,

been

at

is therefore

an

to

self.
it-

sentence

form, since

basis of

the

as

intention

have

functions

limited

as

political

the proceedingis purelyadminisirative.

objectof

If it had

than

and
practices

the senate

law

common

not

judicialin respect

is

the

contrary takes place;

the

the

with

the

case

tribunal
political

in its
is judicial

the senate

obligedto comply

are

in this

But

verdict,rather
judicial

of

of

sentence

In the United

measure.

the

Europe

incapableof resuming

sentence, and

the

of

consequence

be

to

future.

for the

others

any

him

pronounce

at

link of the

once

perceivewhy

civil functionaries

whose
military,

system

crimes

to
are

the

may
the

be
easily
American

of
jurisdiction

nevertheless

more

112

formidable,are

of the American

none

the

places which

It is therefore
their

of

now

we

shall meet
which

each

differences

of them

the

conservative

unwonted

hostile to the balance

citizens,and it does

community, since
authorityupon
at the

remedy

the

for

real influence

more

Europe.

We

American

in
legislation

tribunal

must

which

passes
the

subjectto

the

offender,and

by

impulseto
the United

this

the vindictive
States

; the

purpose

of the

submitted

to its

severity. It

is

United
as

States

as

ordinary

an

body

in America

than
of

in
the

It
political
jurisdiction.
in

composed
the

the United
of

the

body

States the

same

elements,

which

impeaches

almost

irresistible

passionsof parties.If political


judges in

cannot

the conviction,if it is less


the

heads

this respect it probably

uniformitygives an

inflict such

there is the less chance

objectof

lives of the

apparent mildness

the

influences,as

same

that

is

to violate

only indirectly

the

its

the

In

all that relates to

sentence

that

subject. The
the

but
society,

the social

misled

be

not

to

less efficacious ; indeed, it has

and

evils of

on

an

in order

apt

is

menace

to

as

be denied

the

States

exposed

are

in

in the state, and

beforehand

observed, in the first place, that

and

Europe,

of power

of
legislators

the

violent

more

are

Europe, over

have

less formidable

by

Europe,

liberties of

in

as

only who

exercises

be

balance

conductingthe government.

of

means

those

considered

been

hover,

not

in

to

; it cannot

power

the

and

upon

employed

It is not

the United

acceptingoffice

time

same

of

In France

is looked

be

only to

lives and

the
incessantly

and

all.

them

produce.

constituted
the

chief

European systems, we
strikingin the different effects

dangers.

of
principle

the

of

and

may

is

in
political
jurisdiction

same

is to

or

which

as
tribunals,
they are

to threaten

not

no

deprivethem

to

functionary
;

upon

of political
bodies
jurisdiction

the

societyfrom

these

blow

less

produces

extraordinary
resource,
rescue

is

the American

compare

with

England

him

condemns

civil

the

abrogated.

dependant on

are
a

be

cannot

all in order

is himself

state,who

the

which

try them

to

which

power

and
inalienable,

are

occupy

In the civil service

be said to be removeable

can

militaryofficers

authority.But

decision

them

rightsfrom

necessary

magistrateof
If

functionaries

some

others derive their

that tribunal.

from

exempted

of their

formidable,is

tribunals
political

those

heavy penaltiesas

of

a prisoner
acquitting
; and
more

of

Europe

of those in America

is to

certain.
is to

The

cipal
prin-

punish the

deprivehim

fender
of-

of his

114

them

to

shameful

exercised

in

jurisdiction
it

is

only

the

govern

it

which

does

available.

the

political
Americans

political
the

most

it

will
whether

is

which

be

has

the

"

See

Appendix

the
of

N.

but

it

is

all

times

at

other

truth

political

be

By

not

United

venting
pre-

the

this

that

sure

rude

republics
of

the

tive
legisla-

States,

in

tablishes
es-

hand,

of

am

placed

American

verify

number

the

been

the

to

easy

in

tor
legisla-

punishments,

and

who

crisis,

consequences

itself;

ever

the

abused.

judicial

worst

constituted

When

majority.
it

the

tyranny

as

easily

more

erned,
gov-

those

on

the

on

can,

inflicting

eluded

than

formidable

remarking

from

have

jurisdiction,

degenerate,
by

tribunals

it

the
but

the

upon

over

which

influence,

and

directly

momentous

some

decreased,

employed,

rather

popular

at

by

formidable,

authority

unbounded

society

be

absolute

more

regular
is

power

to

seem

tyranny,

of

and

conveniently

more

exerted

temperate
If

an

of

to

act

not

influence

The

progress

appear

does

majority

confer
be

only

can

It

the

not

not

may

immense.

renders

the

upon

bodies

death.

than

worse

States

political
more

it

but

United

the
of

inactivity

is

not

grasp

begin

to

observation,

impeachments

ments.*
aug-

115

VIH.

CHAPTER

THE

I
I

hitherto

have

all the

is

time

which

now

been

has

for

HISTORY

The

Interval

"

two

FEDERAL

Weakness.

Its

But

employs.
forced

the

to

Union.

partialsovereignty

the
to

cast

rapidglance

CONSTITUTION.

Congress appeals to the constituent


Appeal and the Promulgation of

"

between

Vears

toward

unite them
But

as

government
which
intimate

end

the

almost

customs, and
common

which

the

alreadyobserved,

againsta

and

of

THE

thirteen colonies

England

have

to

examine

in

sets

thority.
Au-

the

the

Constitution.

new

same

OF

first Union.

the
"

of

it

people

of
authority

Union, and

to the

the

independentare

as

supreme
to

me

conceded

separate whole, and

federal constitution.*

the

Origin of

the

to

as

action which

of

considered

cases,

come

state

springswhich

means

I have

certain

in

each

different

different

which

states

submit,

over

the

and

motion,

The

considered

explainedthe

have

CONSTITUTION.

FEDERAL

enemy;
to

one

each

its

resulted

own

from

union, which
*

See

and

had

the

last century,

the
religion,

same

another,

of them

within

of

the

off the

threw
simultaneously

laws

same

these
and

to

reasons

language,the
struggling

they were

sufficiently
strong

were

into

them

one

tion.
na-

enjoyeda separate existence,and

control,the peculiarinterests
this

system,

would

the constitution

opposed

were

have

absorbed

of the United

possessed,as

same

consolidate

yoke

States.

to

the

and

toms
cus-

compact

individual

116

generalimportanceof all. Hence arose


prompting the Anglo-Americans
opposite tendencies,the one

importance of
two

with

defective,the

were

But

colony became

Each

its

impotence by

to

of

presence

its

Indian

the debt

which

It

had

been

the constituent

to

If America

ever

wont

point,it was

to

the nation
have

off the

backed

by

justlyattributed

more

valor
be

of their

ridiculous

French
the

to

French, who,
without

posing a

See

the

twentieth

not

adopted by

the

Constitution

in the

t Congress made

efforts of

No.

United

time)that lofty

its inhabitants

land.

the

1781.

15 to

on

of

ages
to

energy

throwing

the

States

by

also the

in 1778.

the 21st

of

to

February,

those

their foes, and

This

constitution
of

this

the
of

op*of

was

tion
constitu-

Story's " Commentary


1787.

the

of Europe,

capable of

analysis given

and
22, inclusive,

to

of

the whole

still

may

It would

wars

Americans

populationto

formed

the

to

war

and

ocean,

their citizens.

States," pp. S5-1I5.

this declaration

All

in

the United

allies,were

See

No.

is

the power

miles of

attacked

first confederation

states

Federalist, from
of the

American

without

until

appealed

than
geographicalposition,

part of their

articles of the

of

success

they were

and

which

at

thousand

of
patriotism

the

the

when

credit

all the

brief

empire of

three

by

compare

officially

considerably
exaggerated. Separated

been

the

revolution,or

it

the efforts of the Americans

to their

armies,or

ence.
independ-

people strugglingwith

powerful ally,the

tain
to main-

and

government,

moment

the

of
spectacle

their enemies

its flag

to

of

war

proud fancy of

it were,

English yoke, have


from

the

solemn

its independence;and

/O

be

the

the

the

the nation.f

the

at the

abdicated,as

furnished

win

which

sumed
as-

the interest of

pay

of destruction,when

approached(forhowever

pinnacleof glory to

to

during

conduct

authorityof

suddenly

scarcelyable

w^as

tribes,and

the verge

to
proclaimedits inability

be

to

outrages offered

it

contracted

alreadyon

was

faults of the

the

longer sustained by

no

the

Europe, while

ground againstthe

tions.*
imperfec-

ed
federal government, condemn-

danger,saw

the great nations of

by

it

and
independent republic,

an

constitution,and

common

kept

was

their

seemed

state

The
sovereignty.

absolute

an

than

war

constituted

spiteof

concluded

peace

manifest, and the

became
legislation

dissolved.

was

sooner

no

tie subsisted in

common

the

as

union

which

laws

although the

and

by necessity
;

long

principleof

mother-country lasted,the

the

alive

strength. As

their

other to divide

unite,the

to

in the

each

on

117

bearingthe
stifled its
it is
calm

that

examine

the

years

until

whole

adopted without
At

remedy

time

when

which

calm

of those

had

great

who

assembly wThich

The

constitution

it contained

had

ever

long and
the

people
the

SUMMARY

of

Authority

of

States

first

The
and

the

by

no

authorityof
each

of them

its internal

f
the
m

It

were

was

people
each

OF

THE

Rule

easy

the

among

adopted by

for

this

of these

sole

All

federal government

new

interregnumof
that

two

years.

of France

began.

and

Government

the
the

States.

the Americans

objectwas

The

"

ment
Govern-

Exception.

intricate,

was

so

the

to

divide the
that

Union,

to

govern

itself in all that concerned

the

entire

nation,representedby

Washington,

Madison, Hamilton, and

the

the

two

number.
the

purpose

assemblies.

still rules the Union.

composed

members:
fifty-five

not

commission,

which

continue

the

which

hearts

CONSTITUTION.

of solution ; the

different states

should

of

awaited

the

president,

of the

Government

Federal

the

its

was

national

to

when

FEDERAL

tlie Federal

between
is the

the second

acceptance

an

terminated

while
prosperity,

It consisted

Morrises,

in 1789, after

question which

means

which

that

issue.

successful

noblest

This

World.

kind.
man-

revolution,and

composing

the

successively.!The

it

of America

revolution

Division

New

generallaws

its functions

commenced

The

of

body

talents and

deliberation,offered

mature

adopted

states

in the

of

to

George Washington

choicest

the

appeared

the task

accepted

from

advantage of

of the

led the revolution

had

small ;* but

was

and

after

the effervescence

for two

first constitution

the

double

fully
care-

voluntarily

of blood

drop

possessed the

succeeded

men

or

inadequacyof

the

discovered, America

was

tear

it

lature
legis-

it

to see

discovered,which

wras

having wrung

the

the

apprized by

stopped ;
government
wait
of the evil,and
patiently

extent

But

great people turn

had

of

wheels

the

see

itself when

upon

they

of their country.

bosom

the

historyof societyto

the

scrutinizing
eye

and

their frontiers while

beyond

within

devouringflame

noveltyin

revolution

of

torch

legislativebodies, but
; and

the

new

representatives were

constitution

was

discussed

elected
at

by
length

118

should

Union,
the

continue

exigenciesof

beforehand, with
which

each

the

federal

but

became

But

it was

as

the several

federal

government

Union

the

had

federal

high

established

It is to

reserved

is not

it is

general

is then

of the states.

Thus

that

of

the

of the

be

ordinary

themselves,

states

destined,among

was

which

rival

had

been

governments.!

Federalist,No.

to

as

it would

that

the

the two

32.

Story, p.

of

law

assembly.

states

For

for itself.

law

711.

it

has

neglects

point,however,

be said

to

belong

matters

affair,

the

up

instance, congress

This

may

take

may

bankruptcy, which, however,

law-courts, and

in the

right of regulating certain

exclusive

constitution,the

national

the

libertyto make

at

discussion

all

constitute

to

of power

between

the

the

by

congress

brought before

making
by

to

attributes of the

decision

by

balance

the

whenever

that

observed,

be

the

vol. i.,p. 364.

Commentaries,

Kent's

the

federal constitution

the

the

governments

rule,and

created,! which

was

to

the

in the states

constitution

the

amendment

the

See

by

The

governments

questionsto

functions,to maintain

other

those

and
exceptionalauthority,

these

court

formed

that,in practice,
questions
might arise

foreseen

all

were

been

declared

was

remained

established
of justice,

courts

foresee

to

exception.*

the

submit

dangerous to

state

of the

them

states

limits of this

the exact

authority

nation.

among

of the

of

therefore,carefully
enumerated, and

were,

of
privileges

the

determine

meeting the generalexigenciesof


of the states were, on
obligations

and

included

not

was

confederation

of

share

enjoy,as

all the details of social life.

government

until

of

the claims

claims

the

government

part of

existence

of

the

to

was

providefor

to

impossible to

as

of accuracy,

governments

purpose

penetratedinto

was

hand, complicated and various,because

other

the

degree

It

easilydefinable,because

express

people;

that

any

and
obligations

simpleand
with

people.

in the

compact body, and

the

of the two

the incidents

The

to form

the

right

do.

to

has

been

Each
lished
estab-

properly to

more

jurisprudence.
of

action

The

It is thus

that

and

the

the

union

government

war,

several

states

concern

the

which

states

"

indirect, as

1 he

powers

defined.

Those

extend

order

have

all the

to

the

approval of the people, and


already acquired a portion of

Hamilton, and Madison,

which

to

formed

the

the
of

discussions

an

be

association

in the

to

state

between

governments

principallyon

external

reserved

powers

ordinary

federal

the

to

of

course

the

affairs,

state."

United

still

were

celebritywhich

in the

The

Federalist
the

constitution

exercised

objects which,

quote

that

the

foreigncommerce

constitution
the

show.

to remain

are

will

prosperity of

and

occasion

become

delegated by

former

The

shall hereafter

we

45, explainsthe division of supremacy

negotiation, and

peace,

internal

since

and

will

shall often
has

Federalist,No.

indefinite.

and

objects,as

court

the

few

are

numerous

are

is

this

they

with

in this

work.

States

was

pending,
have

since

the intention

When

the

submitted

three

men,

enjoyed,
of

to

who
John

explainingto

bill
the
had

Jay,
the

119

OF

PREROGATIVE

of

Power

direct.

Government.
The

"

King's

mating

declaring War,

Federal

relations of

internal

the

Union

the

old French

in the

external

of

in

the

people maybe

rightof making

and

peace

The

Union.*

the

granted to
society;

there

but

to with

attended

of

the

The

country.f

in

national

independenceof

the

while

the

enact

community."

nation

advantages of

the

series

They

i.,p.

See

The

in which

it

which

was

Even

is

excellent

an

to

was

Union

state

and

states^
of

their

Union

at

changing

their

republics,
theywere
class of nobles

that

With

proposed.

41

the

and

create

which

was

federal government

necessary

book,

Federalist, Nos.

8.

358-3S2

this view

form

now

which

ought

the

to

they published

complete
been

has

be

federal

tise.
trea-

retained

familiar

to

the

America.
Kent's

42.

Commentaries, vol.

; 409-426.
kind

same

to

grant

exist,such
patents,

and

as

that
other

which

empowers

matters

in

the

which

its

means

ol

clearlynecessary.

in these

cases

will be

its interference
hereafter

shown.

is indirect.

tribunals,as
" Federal Constitution,sect. 10, art. 1.

the

all the

although it especially concerns

f Several other privilegesof the


Union
to
legislateon bankruptcy,
intervention

modifying

Lastly,as

is

the

each

securityof

preserved in

measure

Federalist

Story, pp.

an

the

of

power

of

indiscreet abuse

shape of a journal,which
journal, " The Federalist," a name

constitution,sect.

207.

only be

can

the different parts of the

in the

of all countries,

statesmen
*

the

articles

entitled their

work.

in the

of

affairs of

internal affairs of the

postfacto laws, or

ex

in their

of

government

which

government

to interfere in the

at pleasure
was
legislation
to

clusive
ex-

therefore

internal

of the

between

independence might compromise

forbidden

The

general authority. The

of

of

power

predeterminedcases,

large. Thus,

the

the monetary system,


controlling
and of opening the great roads which
post-office,

authorized

few

than

concludingtreaties

formallyrecognisedin its sphere ; nevertheless


was

ths

it may

to those

compared

general interests

establish communication

to

central

more

government.

of

war,

conduct

advantage by

the
directing

were

certain

are

with

invested

was

of

of
necessity

felt in the
less imperiously

was

in

Country

raisingarmies, and equipping fleets,was

of

commerce,

the

advantageouslymaintained

be

singlelread

of the

agency

respects

some

vested

Taxes

of

Policy

Monarchy.

and they cannot


private individuals,

without

GOVERNMENT.

levying general

and

Peace,

Part

of

Government

Government

The

What

"

FEDERAL

THE

The

union

interferes

by

120

should

government
with
In

unlimited

an

examining

constitution

the

notions

The

United

nevertheless
in several

authorityof

the

formed.

was

the

monarchies

of the

several

the

Union

the

only

not

dowed
en-

is

Europe

the federal

by

eignty
sover-

states, and

assumed, it

the

clearest
of
a

when

the

is evident

and

most

government.

confederation

central

more

the

on

has

but
republic,

nation

of

was

portionof

of the centralization

nature

form

States

the

entertained
legislators

the

on

hand

one

to

which

power

the federal

accurate

the

on

established

as

power

reserved

been

of

share

that

of

it

engagements,

levying taxes*

of

power

remarking

has

fulfil its

to

balance

the

; in

which
other

able

be

it

than

American

Take, for instance,the

two

justiceexisted

in

was

stitution
con-

amples
following ex-

"

Thirteen

generallyspeaking,had
and

appeal ;
refuse

to

those

their

sovereignwho
In

the

assent

Union

make

essential

authoritythan

the Union

is

Spain
of

certain

provinces had

ihe

of

is therefore

kingdom
France
the

or

of

in

Spain

constitution

of the

was

consequentlythe

the

constitution.

Constitution,

Kent's

sect.

Commentaries,

nature,

to

the

that

always
but

10.
207

exercises

more

republics.

able

am

The

government
in this

the
to

power
obtain

here

Federalist, Nos.
and

381.

national

right of

country denied, and

i.,pp.

Union

the

centralized

more

8, 9, and
vol.

has

states.

citizens.

that

the

same

the representatives

peculiar to themselves, although


alone

was

by

tem
sys-

It is true

Spain.

is

there

as
interpret,

a
rightof establishing

its very

relations

the

by

monarchy possessed, although


confederate

congress

levied

been

all the

binding upon

French

duties

authorized

impost voted

an

assemblage of

the

commercial

and

only an

customhouse

America

to

therefore,the
points,
the

privilegebelongs,by
In

tribunal

one

is

had

without

nation.

the laws

nation

law

d'etats,were

impost which

an

is but

there

In these two

In

to

France, which,

the
rightof interpreting

represented the

of the

central

the

provinces,styledpays

to
legislature

one

of

courts

supreme

sovereignty.

regulating the
of the

federation
con-

respect than
of

by

the
force

the
in

crown

whatever

that the ultimate

result

the theory of
discussing

30-36

inclusive, and

Story, pp. 329 and

514.

41-44.

122

Union

inhabitants
to

States

of the United

and

one

the

could

natural

that the

the condition

not

of

of

fraction
insignificant

an

would

have

invested

would

have

annulled

an

eignty
sover-

former

hit upon

latter
cumstances,
cir-

these

altogether.Under

interests

system

the
authority,

that the strict rules of


when

case

The

excessive

their influence

usuallythe

is

as

doctrine

in relation to the

great people.

with

result was,

the

ser
les-

the

they would have passed from


to that of
co-legislative
authority,

them

the

since

co-equal and

majorityof

Of course
prescribethe law.
subscribe to the application
of this

confederation

the

belonging

as

should

without, in fact, abdicatingtheir existence


of

contrary,the

considered

to be

were

nation, it was

same

citizens of the Union


states

the

footingof perfectequality. If,on

upon

logicwere

ded,
eva-

opposed to arguments.
which
legislators,
brought
are

by the
irreconcilable.
togetherby force two systems theoretically
The
of the independenceof the states prevailedin
principle
middle

was

course

formation

predominated in
It

decided

was

and

of

the present

the

has

is therefore

in the

senate, while

former

in the house

nation

preponderatesin

the

of
spirit

to
logically

Every
is to

state

ton

ery

years

for every

proportion

frecmeii

and

how

fixes

several

the

anew

69

was

which

that
no

of
was

there

minimum

should

at

one

York

the influence
if the

of

the

minorityof

the

decisions of

paralyzethe
is

contrary to

and
rationally

In the
parts of legislation.
number

in

of

representatives which

1789, and

in 1833.

240

for

not

be

than

more

The

representatives in proportion
passed

33,000 inhabitants.

of three

of New

state

difficult it is

fixed upon.

was

the

on

States, by Story, vol. i.,p. 235)

United

sentative
the

; but

first act

; the

each

can
(See Ameri-

194.)

number

the

at

representative;

other house, which

and

all the

decided

30,000 persons

The

of the

p.

has

York
senators

only one

fortytimes

population.*

New

only two
the

to congress,

government.

total number

The

constitution

the

rare

congress

furnish.

fit to augment

how

combine

of

state

the senate, it may

representatives.
its

to

nation

the

senators

Thus,
representatives.

constitutional

Almanac, 1834,
The
"

of

facts show

The

the

equal to

latter has

the

majorityrepresentedin

the

that

senators, and

two

of Delaware

state

two

and
day fortyrepresentatives,

of Delaware

state

send

of

representativesproportioned

this arrangement

It results from

the house

should

state

of
sovereignty

the

compositionof

the

that each

number

that of

of the senate, and

the

48,000.

The

The

to

the

subject(14th

of

decided

there

that

last act, which

was

populationrepresented

fifths of the slaves.

representative for

one

has

congress

April

thought

not

of

increase
1792:

should

be

passed

in

see

tion.
populaLaws

onerepre

1822, fixes

is composed of all the

123

sanctioned

the

by

obstacles

it is

which

when

logicof legislation
; and
should

we

advantage,before
well

do

constitution

only

the

interests
conflicting

two

Americans

and

for the

whole

existed

ment
enjoy-

the
for

federal
the

arate
sep-

people, were
the

among

necessarilymade

was

are

it is wise,

that

When

with

complete

in the

independence

which

compromise

the

it is young.

union

of

maintain

conclude

to

interest of

interest

the

states, and

hasten
that

the

formed,

was

existence

nation

is

natural

many

national

perceivea

we

remember

to

of

possibleto
we

so

political
system,

any

early stages

principlesare

generalconstitution

principlesare

interests and

The

only periodsat
of this

when

rigorous applicationof

the

to

different

arise,and
and

people ;

same

all its consequences.


the

interests

established,these

be

to

different

of time

course

Anglobetween

them.
It

is,however,
has

All

feared.

hitherto

not

the

their ideas, and


result

which

interests

variance.

at

induced

the

designs of

the

the

the

It must
the power
the

of

federal

these
them

whom

to

of

the

introduction

was

it

federal

only

to

be

of

the

to

the

humoured,

the

oppose

irresistible

so

will of

hand, that
reduce

laws.

destroy the

(and

it

people,

the vote

of

influence

not

in

by

existence
and

not

the
no

of

objectof

The

the

real

states

to

be

deprive

this
the

straint
con-

ciple
prin-

anism
mech-

wondered

acknowledged

forciblychecked.

of the

of

use

into
to

the

authorityof

habitual

means

an

was

singlenation

majority. Upon

of

was

impossible
the

of the

to

it

independence

was

beforehand

government

attested

is

to

oppositionto

other

making

decisions
the

their

consequently never

there

By acknowledging

disavowed

enforcingthe

of the
at ; since

it.

communities

it),they

feeble

differences

the

representatives.

were

not

was

been

their customs,

in the senate

indeed

to
legislators

they

restrain

secondary
in

which

American

constitution

states, but

of

forgotten,on

the

people for

offer but

the house
be

not

and

have

suffice to set

not

legitimateexpressionof

could

majorityof

together

tution
the consti-

might
and

have

states

themselves

largerones

the

senate

do
inferiority

or

small

The

league

to

authorityin

that

their size

dissimilar

not

are

of

part

contiguous;

and

young

their wants,

from

been

an

are

this

evils which

those

produced

states

that

acknowledge

justto

power,

124

FARTHER

BETWEEN

DIFFERENCE

THE

SENATE

AND

THE

HOUSE

OF

REPRESENTATIVES.

Senate

named

Double

Election

The
"

ferent Offices.

The

of

Former

of
legislators
is elected

by

state

; the

elected

body

each
an

is

chosen

are

onlyshare

make

must

Dependance

Sphere
Salary fixed

own

His

The
to

See

United

See

under
at

American
create

people, and
*

President.

of the

the

an

the

his

which

the

pp. 115 ; 515-7S0.

into

nevertheless

Kent's

the

by

senate

latter

the representatives

is in the

is six. The

power

legislation,

representatives
the

by

council

president

appointments he

may

body.*

same

POWER.f

is Elective

Office.

the

of

great executive

the

of

impeachment

of

concluded

are

Inspection, but

executive

Federalist,Nos.

the
The

elected;the
directly

the

as

and

Responsible.
"

under

not

the

Suspensive

"

undertook
legislators

States, sections 2 and

of its functions.

the house

EXECUTIVE

He

"

Entry

Federalist,Nos.

principle

in
election,

people,the

judicial
power

by the senate ; and


definitively
approved by

be

of its

for which

term

It also acts

THE

his

is

ratified

be

must

; the

treaties which

nation ; the

of the

the

by

in the

co-operates in the work

senate

its decision.

other house
mode

former

offences
political

and tries those


to

The

of the dif-

and
are
representatives
purelylegislative,

in the

it takes

publicofficers.
submits

of

People.

the

Term

"

years, that of the senators

only two

house

of the

functions

the

in the nature

is named
representatives

of

Representatives, by
of the Latter.

House.

also in the

it is chosen, and

for which

house

of each

Functions

it represents,but

term

Single Election

"

only differs from

not

the

"

the

Peculiar

"

senate

which

the

provincialLegislature

the

by

to

in

act

Direction,of the Senate.

"

Veto.

difficult task in attempting

dependant

on

sufficiently
strong

52-66, inclusive.

is Free

He

the
to

majorityof
act

without

Story, pp. 199-314.

Constitution

of the United

art.

the
re-

of the

3.
67-77.

Constitution

Commentaries,

p. 255.

States,

2.

Story,

125

straint in its

republicanform

the

of

executive

of the

It

sphere.

own

to
indispensable

was

of

be

should

power

that

government

nance
mainte-

the

the

ative
represent-

the will of the

subjectto

nation.
The
his

an

and
liberty,

his

for the temperate


he

cognizanceof

takes

in the exercise of his

But

his

he

can

Union

that

acknowledged

with

fulfil its task

to

executive

the

dignityand

the

bribed,

of the
legislators

would

power

of

and

neither be

so that he can
publicappointments,
The
of corruption.
employ the means

thority
au-

the senate

independent;
perfectly
relations with foreignpowers,

distribution of
nor

peoplehas

the

said to be

be

cannot

the securities which

are
life,

of his power.

use

his property,

magistrate.His honour,

elective

is
president

be

tent
incompe-

unless it
utility,

enjoyeda

had

grantedto

than
and of strength
greater degree of stability

been

it in the separate states.


is chosen
president

The

of

that the chances

so

taken

not

action of the
has

senate

it cannot

him

compel

The

this
Public

have

we

his

the

appropriateto
the constitution had
executive

power

The

tendency which
government,
The

is

on

upon

themselves

of

sole
was

cil
coun-

to

clog

president
; but

it

does

his

other

in
participate

be feared lest

portion of

not

be

may

rect;
di-

ated
obvicarefully

hand,

be

indirect.

deprivingan officer of
independence; and as they

been
have

they should gradually


which
authority

that

This

dependance

defects inherent

have

power

of

in his hands.

of the

Americans

the

the power

laws, it is to

one

of the

acts

Americans

the

assemblies
legislative

but

salaryof
L2

have

vested

care

time

same

the executive

that

it may,

encroach
salary,

free to make

the

powTer.

justshown
which

; and

means

its responsibility.
The

steps,nor

any

on
legislature

influence;but

assemblies
of

take

to

the

at

the

made

the vote

to

and to diminish

executive

of the

action of the
and

state

government

tends

rightof annullingcertain

the

exercise

the

which

with

of the Union

power

inspirehim

may

was
president

his decisions subordinate

render

dangerous measure,

"

to

executive

the

The

be re-elected ;

may

into execution.

carryingthem
of
representative
of

are

he

prolongedadministration
for the publicgood, and
hopeful undertakings

with

the

for four years, and

in

able
to

to

of the

stitutions.
republicancon-

counteract

get possessionof

the
the

less irresistible.
they have rendered this propensity
the president
is fixed,
at the time of his entering
upon

126

period of his magistracy. The presidentis


providedwith a suspensiveveto, which allows him to
dependence
the passingof such laws as might destroythe portionof in-

for
office,
moreover

oppose

whole

the

which

since

latter is certain

the

reconsider

to

then

backed

be

The

the

plans;

by

adopts
motives.

this

this

and

I
its plans,

in

concealed
carefully

more

is

There
be

kind

prove

the

substitute for

DIFFERENCE

have

This

common

UNITED

STATES

AND

THAT

the

to

good sense
prominent
and

remote

more

where.
always exists somewhich everythingcan

it

institutions
political

can

publicmorality.

OF

OF

sistance
re-

in the constitutions

it is

POSITION

THE

statingits

overpowering all

in

and

sense

secretly
oppressed,

and

cause

house.

executive

pointis more

in which

or

The

been

recourse

monarchies,but

laws,

BETWEEN

THE

by

be, a certain pointexists

while
republics,

in

have

reply,that

country in the world

no

providedfor by

people.

of

they may

is obligedto
legislator

discoverable

more

all resistance

of the whole

pleading its

the virtue of his fellow-citizens.

and

the

is certain
legislature

of all nations,of whatever


the

appeal to

of

by perseveringin
at which

two-thirds

might
security,

means

if the

But

unequal

an

the

of

sort

which, without

power,

tween
strugglebe-

always be

bearing down

majorityof

is,in fact,a

veto

but

of

The

suspensiveveto forces it at least


in, it must
matter, and, if the motion be persisted

its

perseveringin

him.

awards

must
legislature

the

presidentand

the
one,

constitution

the

THE

PRESIDENT

OF

CONSTITUTIONAL

KING

OF

FRANCE.

Executive

Power
it

which

ers.

Represents.
The

"

of the
The

"

to

King

Law.

"

President

Independent
akin

United

States

Executive

"

Represents.
ecutor

in the

checked

than

in the

the

Union

public Officers depending upon

The
of

executive
nations

portionof

my

has

power
that

the

am

in
subject,

to

of the

the

Power

more

Supremacy
Supremacy it

the

as

President
Duration

the

mere

of the

two

Authority.
Discrepances, France
"

Comparison of

"

in the

importantan
to

the

as

executive

these

Monarchy.

inclined
order

The

"

executive

so

Universal

as

resulting from

Exercise

Partial

as

Legislature.

the

Notwithstanding

"

and

in France

Differences

in its Exercise

Republic

of

Branch

Other

Limited

as

Power

pause

is

King
more

of

Number

the

Countries.

two

influence
for

The

Ex.
Pow.

an

on

nies
the desti-

instant at

this

clearlyto explainthe part

it

127

sustains

positionof
to

of

the
retains the titles,
its

their knees.

upon
the

of

sway

of

On

the

Cesar

them

without
look

to

the

other

lives of their

and

below

United

if his

the most

the Union

federal,and
The

first

but it is not

the French

only

he

is

have
the

moreover

is therefore

power.
of the

in the

no

tunes
the for-

over

habit

of

call

to

supping

necessary

not

to

only does

be

he

hence

exists between

of France.
and

The

from
in

the

In the

the

partialas

Americans

the

it is

have

they

ordain.

as

king of

assent

The

to

does

the

not

portion. He

presidentis
annul

agent of the

France

in

them

reallyco-operate

not

also contributes to the

exercises the other

laws

sovereignpower,

given his

does

considered

the

things,

follows

as

rightof making

has

he

of

nature

importanceis

portionof

tillhe

the

it acts ; in France

refusal of his assent


be

compact

government.

second

but

and

king

state.

of all

laws,

the Union

between

limited

as

name

the

to

weight

executor

sovereignpower,

which
legislature,

is

power

; the

one

merely

But

sovereignis

It is therefore

the

States and

national

their formation, since the


He

princes

customary

difference which

in whose

of the

also the executor

from

yet paramount.

control

it is undivided

France, the king reallyexercises


since the laws

not

unlimited

notable

defined

be

sovereignty
may

of the

was
authority

results
inferiority

of

cause

the

States is shared

authorityof

the

as

of those

it was
fellow-citizens,

executive

States the

universal

of

republicfalls under

demeanour

an

in France

the United

sovereigntyof
as

hand,

United

the

the states, while

presidentof

funds

surface.

the

arises the first and


the

is

power

expelled another

when

their friends' houses.

formalityat

the

even

ot

eye

executive

successors

conversation,and theywTere

in

of
sovereignty

The

the

to accost

exercised

emperors

and the

king, and

one

as
simple and unpretending,

When

the

monarchy

the
republic,

the
singleindividual,

to the

has disappeared.
The English,after
authority

accustomed

his throne, were

When

and
honours, the etiquette,

off the head

having cut

deceive

to

apt

of

kino-s

little attention

researches.
a

evant
be irrel-

not

constitutional

but

more

into

being graduallytransformed

States, it may

pay

are

guide his

to

royalty,
long after

shall

idea of the

accurate

an

of the

one

which

power,

than

observer

United

comparisonI

In this

form

to

the

that

it to

signsof

external

order

of
president

the

compare

Europe.
the

In

in America.

exercise

in

them.
eign
sover-

portion

nomination

of the

has the

privilege

128

of

appointingthe

other
has

his

at

dissolve any
forward
does

in the

formation

part of

it.

his

alike excluded

France

king of

can

no

the

that of the
of

causes

each

his

the

president

assembly by

and
opinions,

government.

The

presidentand

from

; so

that

congress

him, than

king

he

his

tain
main-

his ministers

his influence

without

can

and

it.

The
that

of

France

presidentof

United

States

is

of

the

sphere of

in the

the

of

person

that of the

over

elements

is

of

an

hereditary
sovereign.

is

king

endure.

magistrateelected

executive

likelyto

the

power
a

The

for

four

president of

jealousscrutiny. He

treaty ; he
The

dent
presi-

strength;

is

executive

the

several

States

the
may

but
designate,

may

France

king of

he

is absolute

power.
States is

of the United
president

The

under

but what

conclude

the

analogousto

feared

appoint,a publicofficer.*

cannot

almost

king,in France, has, in

chief

constantlysubjectto

but he cannot

make,

or

United

exercise

the

one

the

duration

of the

king,in France,

The

years.

loved

the

authorityof

advantage of

durabilityis

nothing is either

to be

presidentlabours

the

"

properlyso called,

power,

positionseems

The
inferiority.

and

of the executive

his

which

in the first place,the

but

rightwhich

rightof bringing

same

inferior to, and depending upon,


authority

an

in the exercise

point upon

In

the

cannot,

legislature.

Even
the

chambers

States

legislative
body, and

has

king

without

act

more

exercises
president
of

the

the
dissolving

into that great body. The


only penetrate indirectly
is therefore on an equal footingwith the legislature,

opinionscan

which

the

of
principles

are

of

of

the United

presidentof

explainhis intentions,support

who
ministers,

the

the

and

king is representedin

The

possess.

chamber,

one

The

the

as

measures

not

of

whereas

pleasure;

share

no

members

for
responsible
inviolable

is declared

by

his actions ;
the

French

charter.

the head
less

of

constitution

The

senate

Federalist

less sanctioned

to

left it doubtful

had

removal

(No. 77) seemed

decided
forced

in the

that

as

the

employ agents

i.,p. 289.

of the other.

than

one

evident,and

the

vol.

the

well

as

to

as

establish

president was
who

public opinionis no

of

Nevertheless, the supremacy

had

This
the

by

is less

power

laws

less above

definite,

in France

"

the president was


obliged to
appointment of federal officers.

whether
in the
the

affirmative; but

responsiblefor

forfeited

his

in

than

esteem.

his

in

The

mally
for-

17S9, congress

actions, he ought
See

sult
con-

Kent's

not

to

be

Commentaries,

130

such

vast

and

power,

from

treasury should

direct

of

denied

in and

question.

the

by
How

It must

be

the

when

confer

ence
infer-

an

of

secretary
should

the

discharge
by

even

implication from

exist.

be

as

the power,

necessary

not

must

tion
administra-

It has

been

the

repeatedly

considered,as yet,

unsettled

an

Editor.]

American

WHICH

CAUSES

ACCIDENTAL

could

it does
and

whole

slightfoundations,

president,his assistant

congress

of congress,

out

such

on

providing, that

constitution, or

the

"

rest

perceived.

is not

act,

words

removed

be

of the office.

duties

the

should

of congress,

act

an

extensivelyaffectingthe

so

one

of the government,

MAY

THE

INCREASE

INFLUENCE

THE

OF

EXECUTIVE.

External

security of
has

the

he Exercises

he

is

"

of

The

"

In

"

is feebler in America

power

attributable

more

Ships.

"

the

ident
Pres-

Prerogatives

is weak.

If the executive
cause

Men.
Few
Army of six thousand
Exercising his great Prerogatives.

Union.

Opportunity

no

to

than in

the circumstances

than

France, the

to the laws

of

the country.
It is
nation
of

in
chiefly

Union

in

to

the

with

; he commands

men

sail ; he conducts
States

are

the world
of

the

by

The

foreignrelations

the ocean,

seas,

with

its constitution.

possessionof
of

of the

too
no

weak

as

Union, but

yet

enemies, and

government
The

must

presidentof

to

from

aim

but few

the United
the rest of

ion
at the domin-

their interests

not

of the
be

rarely

globe.

judged by

the United

he
which
royal prerogatives,
which
exercising;and those privileges

almost

mander-in-chief
com-

composed of only six

army

those of any other nation

of

it would

States is the

neighbours.Separated

and

they have

practicalpart

theoryof
the

the

interest

importance in

those which

the United
an

its chief

the fleet,
but the fleet reckons

nation without

into contact

come

but of

If the existence

increased

an

of

power

powerful nations,the

expectedof it,and
presidentof

The

other

of

assume

of the army,
thousand

those

would

measures

into effect.

vigor.

perpetuallythreatened, and

were

government

proportionto

that the executive

its skill and

exert

dailyconnexion

executive

carry

foreignrelations

is called upon

the

were

its

States

has
he

no
can

the

is in
portunity
opat

131

present use
a

are

circumscribed

very

which

influence

degree of

the laws

circumstances

allow

do

him

to

possess

permit

not

him

to

employ.
other

the

On

France, arises

in

great strengthof

circumstances

from

executive

the

There

the

hand,

far

is

government

it increases

so

of the

importance

by

it

events

its constitution.
circumscribed
much

become

THE

is

cannot

OF

laws

its

achievements, and

them

repress

by

for that reason,


it

made

had

feeble

as

its influence

Union,

UNITED

THE

THE

OF

TWO

axiom

established

an

in

persevere

the two

wrould

STATES

the

fying
modiand

as

soon

very

IN

HOUSES

NOT

DOES
ORDER

REQUIRE

TO

States

of

have

and

without

this fact

executive

convince

CARRY

ON

on

the

constitutional

legislature.But
known

to

a serious
inflicting

quoted

that

Europe

as

an

instance
in America

contrary,that

it is

opposed by

presidents

the

independenceand

the

supreme

society. I

have

power

reflection will

moment's

king

majorityin

abandon

evil upon

of the

is

several

lose the

being obliged to

government

us,

the
beun

legislative
body, without
power,

in

system of government which

branches

other

of the United

of

laws.

GOVERNMENT.

It

heard

the

greater.

MAJORITY

THE

If the

from

energiesto

without,
controls,

it is in the

PRESIDENT

THE

WHY

as

than

more

its

of

the extent

royalprerogative

constantlystrugglingagainst

prodigiousobstacles,and exertingall
that

the

proof of

its extreme

weakness.
A
him

the support
king in Europe requires
to perform the duties imposed
upon

because

those

is not

duties

merely the

devolves
provisions
of

are

so

executor

of the

assemblies

stand

of the

completelyupon

paralyzingits influence

assistance

enormous.

if it opposes

assemblies
legislative
in need

of

of the
him

to enable
legislature

by

the

constitutional

law, but

the

him, that
his
to

he

his aid to execute

the

king

in Europe
of its

execution
has the

designs.He
make

constitution,

power

requiresthe

law,

but

it : these two

those
au-

132

thorities cannot
is

government
In

stopped

America

passed,nor
and

subsist without

the

in the

weakness, and
to

between

In

congress.
the

and

crown

may

Europe, harmony

because
indispensable,

such

"

is

elective

This

What

"

of the

Election

PRESIDENT.

increase

in

Proportion

"

The

does

of the

Influence

dangers of

the executive

America

the

are

not

because

no

favourable

to

cause

of

powerful

President

alone.

and
occupies,

power
and

in

they may

to

in which

argument

the

splendida

in

the

lure to

pursuitof

force may

not

It is clear
are,

electors

the

is

and

excited,the

the

ernment.
Gov-

head

possesses

The

is

so

apt

I
be

am

more

the executive
in

the

it offers

inflame
are

weighty-

most

to

state

cumstances
the cir-

of election,and

placed.

of

sufficiently

the remarks

legitimatemeans

men

wanting,

rightdenies.

temptation;
more

the

is,that
chief-magistrate

what

the

Why

"

dangersmay

of
greater the privileges

the greater is the

of the candidate

are

that when

unfrequentlyseize
that

mode

the

tive.
PrerogaAuthority

System.

been

place which

privateambition,and

power,

of the

Principles of

the

These

importance it

election of

againstthe

so

the

accordingto

vary

the

proportionto

is not

secondary Functionaries.

on

about

less formidable

the

collision

executive

elective

the

by history;

or

in opposition

harmony

Extent

great people,have

refer to America

his

reignbetween

system of election appliedto

government

make

to remain

the

to

exemplifiedby experienceand
to

him

from

Deviation

of the

Election

where

impossible.

THE

Circumstances

President

his

must

OF

possible in

System

required.

System

sincere

indispensable
importantacts

because
legislature,

collision is

ELECTION

the

being

it is not

serious ; in America, this

prove

from

legislature
; and

enables

of the

of

little. It is therefore

but

which

branches

other

them

Dangers of

to the

do

can

his power,

not

law

of enforcingit. His
obligation

the

it he

independentof

mechanism

at variance.

prevent any

submitted
indirectly

or
directly

he is

presidentcannot

the

is no doubt useful,but
co-operation
carryingon of public affairs. All

zealous

are

other,and

they are

as

soon

as

he evade

can

each

the

warmly

are

the
more

executive
the

thority
au-

ambition

their interests

es-

133

who
hope to share the power when
throngof partisans
the prize.The dangersof the elective system
their patron has won
therefore,in the exact ratio of the influence exercised by
increase,

pousedby

the executive

solelyattributable

not

are

in the affairs of state.

power

the elected

but to the fact that

Before

monarchy.
elective

the

whether

system,

opinionsof

the

will
executive

admit

ful
power-

absolute

establishment

of

weak

ners,
man-

it is to be introduced,

whom

people among

; for to attempt to render

and
the

dependant

representative

hereditaryroyaltyto
only

that I

means

to

however, is

course

to the

from
as

only attack

circumscribe

to

are

the
authority,

diminish

its

its

prerogatives,
its protection.
Nothing

live without

of Europe
designsof the republicans
of them
only owe their hatred of tyranny

the

many

which
sufferings

of the

elective

an

graduallyto

people to

farther

of

acquainted with

am

the

accustom

this

condition

the

action beforehand,

sphereof

than

and at the same


time elective,
is,
powerfulsovereign,
to entertain two
opinion,
incompatibledesigns. To reduce

in my

and

general,

advantagesof
preliminaryinquiriesas to

make

the

of the

government

of the state

of

the laws, the habits,the


geographicalposition,

the

and

the head

was
magistrate

must

we

revolutions of Poland

the elective system in

to

discuss the

can

we

The

they have

tent
personally
undergone,the exdoes not excite their hostility,
and they
executive power
its origin
without perceiving
how nearlythe two things

connected.

are

Hitherto
honour

and

States

citizen has

no

his

in
life,

; because

subordinate.
in
able to

when

The

power

prize of

the

in

and

of

but

his influence in the

ruin of

fortune must

faction to

be

No

game.

or

the

government

little gloryto

state

is too

great
the

depend upon

the

the United

to

he

encourage

has

venturers
ad-

yet been

as

passionate
sympathies
that

simplereason,

has but littlepower,

share

small

his

and
temporary, limited,

candidate

enthusiasm

expose

of
president

his favour, for the very

he is at the head

but littlewealth, and

the

of that office is

dangerous

people

to
disposition

any

to become

order

desperatea

so

arouse

of the

the

shown

for the

elevation

his friends ;

among

of

success
an

or

the

individual to

power.
monarchies
great advantageof hereditary

The

interest of

familyis

always

interests of the state,the executive


Vol.

T."

is,that

connected
intimately

government

is never

as

the
with

vate
prithe

suspended

134

for

singleinstant

conducted

elective
to

it

as

election,and
laws

of

seat

of

even

for

with

will

power

time

some

such

break
a
precautions,

these

some

capacity.

the

left vacant

In

cease

of

approach

that

previousto

simplicityand

be

never

the

at

operationof

the

always

of government

accord,

own

accelerate

conducted

be

may

their

were

indeed

may

wheels

is

better

not

are

his

ill,accordingto

or

contrary, the

the

monarchy

least there

at
republic,

them, well

states, on

act,

of

those

conduct

to

one

than

if the affairs of

; and

an

The

event.

which
election,
the

rapiditythat

but, notwithstanding

in the

occurs
necessarily

minds

of the

people.
approach of

the

At

is

; he

perhaps terminate.
said
office,"
weeks

President

before

I express

"

so

am

Jefferson

It appears

to

of those

measures

the commencement

prosecute, and for which


On

The
and

all

of suspense

term

; and

or, still more,

be

the

to

would
authority,

election of this kind.


may

used

In the

United

with

slackened

no

part,
cessor
suc-

will have

he

centred

are

of

to

single
event.

extends, the greater

power

fatal is the

more

is accustomed

to the

administrative
be

on

importantan

so

action,the

nation which

one

powerful executive

and

is its constant

necessary

take

responsible."

the influence of the executive

more

(six

leave to my

which

watching the gradualbirth

are

wider
the

will be

he

from

January, 1809

justto

me

will

another

passion,I

no

other hand, the eyes of the nation

the

point;

I feel

of

future

retirement

of my

the 21st

on

"

sentiment.

no

the time

election),that

the

designswhich

ernment
gov-

he will

and

nothing new,

those

near

executive

of the

coming struggle;his

undertake

can

indifference

with

only prosecute

head

the

wholly occupied by

doubtful

plans are

the

election

an

ment,
govern-

of
protection

convulsed
infallibly

States the

by

a
an

action of the government

impunity,because

it is always weak

circumscribed.

One

vices
principal

of the

introduces

policyof

external

felt if the share


the

In Rome

althoughthe
which
If the

was

an

certain

of the

elective

system is,that

into
degree of instability

the state.

of power

of
principles

But

vested
the

this

it always

the internal and

disadvantageis less sensibly

in the elected

government

magistrateis small.

underwent

no

variation,

changed every year, because the senate,


authority.
hereditary
assembly,possessedthe directing

consuls

elective

were

system

were

adopted in Europe, the

condition

of

135

monarchical

of the

most

election.

In America

the

he

does

but
affairs,

state

in the

maxims
political

of the

people, not
elective

the

evil

an

the

in the

perceptiblein

the

But

nation.
the

on

of the

which

America
fixed

the

on

of fixed

is
principles

it is still extremely

system, that

sphere to

on

The

mass

consequentlyin

the want

elective

narrow

whole

the

; and

new

every

preponderating

influence
prejudicial

very

government.

inherent

so

no

; the

therefore

country depend

at

certain influence

them

conduct

not

has

system

of
principles

presidentexercises

presidentalone

the

on

changed

of
representatives

is vested

power

be

would

states

authorityof

the

the

presidentextends.
Americans

The
who

has

upon
and

to

of the

to

be

at

pleasure:

empowered
than

is,that

theydirect

at every

Mr.

federal service

the

that

in the

the

humbler

the

ministers.
a

election.

his

succeeded

as

the

of
principles
for
cause

take
the

administrative

another,
a

sort

is done

as

of

allowed

that

the

in

As

of

in consequence
uncertain

had
eral
Gen-

the

of

within

four

of

greater.
does

power

the

bounds;

misfortunes

in the

than

years

of

plaint,
com-

ed
rapidlyform-

are

but to substitute

the

which

that

upon

the executive

kept

in

the fate of

this evil is far

of this state

situation

that

Europe

depends

every

to

who

subjectof

details rather

the

system

his

on

first year

ministries

is

in America

revolution.

individuals

fall upon

successive

are

consequence

aware

the

made

monarchies

innovation

place

not

place beyond

of
principalrepresentative

changes which

be

monarchy

the

functionaryemployed

in elective governments

But

watch

individuals

am

administration

an

change, the spiritof

not

to

of

servants

it. The

the

It is sometimes

constitutional

constitutional

; but

retain his

agents,

own

Quincy Adams,

singleremoveable

to

and

predecessor;

allowed

Jackson

In

his

appointedby

is called

election the fate of all the

new

dischargedthe majorityof
entry into office,
been

his

bodies
legislative

the

power,

duties he

choose

to

officers is in suspense.

public

of the executive

that the head

of the
responsibility

presidentmore

arrangement

federal

whole

them

remove

conduct
of this

the

bear

fulfil,
ought

to
to

admitted

have

one

tem
sys-

by law,
which

is

may

things,it must

publicofficers is

less

in America
than
elsewhere.
It is
fraughtwith evil consequences
independentpositionin the United States,
so
easy to acquire an
that

the

comforts

publicofficer

who

of life,but not

loses his

of the

means

place may

be

of subsistence.

deprivedof

the

136

I remarked
elective

system

decreased

by

the
or

it.

adopts

it
the

of

carried
and

the

absolute

policy,

the

and

said

that

the

executive

the

laws;

involving

without

policy

its
is

duration,

perilous

external
could

basis

of

proportion

to

of

the
have

constituted

be

dangers

might

;
not

in

and
ruin.

the

in

of

the

the

the

of

to

elect
it

is to
election

be

can

feared
of

the

as

do

the

president

relation

they

the

require
is

his

the

cause

the
of

and
of

of

time

society
upon

of

the

Europe

every

America

assistance

is

be,

crisis, which

conquest,

pressure

of

moment

nations

In

by

line

may

national

of

or

of

destruction.

or

the

never

than

embarrassments
of

be

functions

power

the

almost

may

election, and

without
from

of

in

change

executive

Few

external

circumstances

sovereign.

stand

it

nor

difficulty

internal

becomes,

independence

by

anarchy

new

and

cessfully
suc-

more

system

therefore,

an

country.

people

consistent

them,

considered

calamities

that

nothing

state

or

The

Americans

foreign

opened

frequently

precedes

always

must

escape

they
so

immediately

which

period

the

of

be

may
the

upon

of

which

power

be

the

Their

may

prerogatives

the

Whatever

of

people

elective

simple

limited

less

president

the

of

condition,

no

the

and

the

people.

present
are

power
and

other

any

augmented

single agent.

does

need

are

cannot

fixed

policy

in

state,

executive

position

exceedingly
stands

their

In

threatened.

The

is

of

co-operation

the

of

want

become.

country

no

the

clangers

influence

by

dangerous

more

world

whole

the

the

the

the

great

than

the

of

negotiation

perilous

more

is

magistrate

chief
to

the

of

otherwise

on

precarious
more

for

country,

of

circumstances

exercise

always

that

chapter

head

functions

the

must

the

to

peculiar

the

However

restricted,

policy

applied

this

of

beginning

the

at

external

its

is

own

gers
dan-

agitation,

but

138

obstacle

this second
to

of
probability

additional

whether

who

that

they

as

and

tricks of

the

would, like

jury,remain

incompetentto

than

its

the

opinionin

up with

would, for

the

to

some
ruption,
cor-

specialelectors

the crowd

tillthe

for the sole purpose

appear

that

of

manoeuvres

intrigue
; whereas,

stituency
con-

empowered

its members
to

trate
magis-

year, the

was
legislature

exposed

mixed

they would

action,when

belief that the individuals

changed

power,

election,be

the

before

time

executive

of the

elect the head

express

president. The

were

more

have

if the

thought that

was

for

chosen

are

to

the nation,

in the election of its chief

nation

they representedmight
It

remained

for the

laws

the

make

to

of the

represent the wishes

time.

of

an

intrusted to the

formed

be

nomination

the

returned

were

; and

to be

was

the latter alternative,from

chose

Americans

It then

representative
assemblyof

proceeding to

of

purpose

election

assembly should

electoral

an

It also offered

final decision.

rightof

habitual

body, the
legislative

to

tion
na-

the electors are, the greater

judiciouschoice.

this

whether

be decided

or

coming

of their

is the chance

of the

of election rendered

mode

for the fewer

probable;

majoritymore

This
representatives.

of

body

electoral powers

delegatethe

to

was

of

day

of

givingtheir

votes.

It

; and

of

it had

as

chief

been

that

magistratehad

been

they sometimes
that

them,

usurped an

their

of the state, it
the

upon

; for it was

As

many

of 1S33

The

as
was

electors
the

majority.

possiblethat

electors

the

it sends

as

as

between

members

to

the

same

state

list of their individual

convoked

belong to

the

to

differences

The

congress.

number

them

resulted from

place.f

same

might

not

tain
cer-

exist between

In this

of electors

fare
wel-

all vote

majorityprobable,though
many

tries,
coun-

endanger the

to

as

the

of eabal ; that

their constituents.

(See the National

2SS.

of

to which

that the electors should

being

election rendered

double

This

determined

day, without

same

did not

tain
cer-

dent
presi-

in elective

passionand

much

elect the

uncertaintywhich

prolongedso

was

intrusted

which
authority
the

should

name

the assemblies

of

centres

proceedings,or

sometimes

were

the

should

state

in their turn

observed

became
inevitably

and

that every

of electors,*who

number

choice

established

therefore

was

at

it

case

tion
elec-

the

Calendar, 1S33.)

assemble,
votes, and

but
not

they
the

mere

transmit

to

the

result of the

central
vote

of

ernment
gov-

the

139

was

to

necessary

election

of three

one

consult

to

the

defer

to

or

to

recourse

electors,or

appointnew

either to

alreadyappointed,
first
The
authority.

another

to

time those

second

measures

of the uncertainty
of their
alternatives,independently

of these

two

have

and to perpetuate an
likelyto delay the final decision,
which
must
agitation
always be accompanied with danger. The

results,were

third

expedientwas

votes

should

and

that

has

the house

majority,the

fix upon

it is

Thus

which

the

of

If
representatives.

counted

with

candidates

of

citizen who

powerfulminorityof

that the respect which


the

has

is due

the

to

of execution
celerity

utmost

peace

of the country demands.

house

of

body, it has

happen,

those

the

happy expedient
with

precautions which

that

immediate

an

assembly may

prescribesno

of candidates

judgement of

the

questionby the

offer
necessarily

obstacles*

to

they are
designatedby a

popularvoice is combined

and

not

all the

smoothed

bers.*
highest num-

then

even

It is by this

the constitution

case

to

matter

it must

that

often

alreadybeen

the number
Nevertheless, by restricting
the
by referring

the

cannot

for the majorityof


difficulty,

doubtful,and in this

diately
proceeds imme-

But the decision of the

does
representatives

solution of the

have

nation ; and

electors.
special

the

of the candidates

none

which

event

an

of the
ordinaryrepresentatives

obliged

of the

foreseen, that the election is intrusted

be

senate,

in the presence

the condition

who

that the

the

then
representatives

of

case

never

to choose

be

and

agreed

presidentof

the

opened

three

only in

can

to

president
; but

the

of

one

sealed

it was

be

house

elect the

to

and

transmitted

be

they should

and

senate

adopted, and

therefore

still

remedy.
three,and

to

public
enlightened

an

which

not

are

inherent

in

the elective system.


In the
of the

federal

chosen

In

Rhode

than

of

one

division
o.ie

this

case

and

the

same

majorityof

question

Island.

of the

of the

it is the
the

of

United

Thus

the

of
singularities

of
the

states, and
York

New

of the

citizens

community

states, each

the

and,

which

federal

if

has

they
a

the

not

has
Union

not

cannot

separate

constitution

which

twelve

the

influence

be

as

vote.

debate

members

is had

recourse

only

members,

in the

consulted

independent
can

times

place simultane-

first

agree,
and

promulgation

majority of

more
are

the

have

States

elections took

these

that

so

elapsedsince

have

the
constitution,

president. Ten

decides

which

which

forty-four
years

to

This

explainedby

jar of conflicting interests.


f Jefferson,in 1S01, was

not

elected

until the

thirty-sixthtime

of

balloting.

the
is
the

140

ouslyby
houses

the votes

election of

when

Mr.

Jefferson

Mr.

be considered
may
the
of
President.
Anxiety

pie.
"

shown

have

adoption

of

taken

Americans

know

less

of the

circumstances
have

States

nation.
doubt

The
feeble

of small

may

which

the

and

importanceto

which

he

election
as

however

presidentpossesses

an
trifling

but

few

means

soon

an

the

United

electors in his

States, as well

in
individual,

order

eyes of the crowd, and

to

the

which

country,

elsewhere.

as

the

parties
cal
politi-

to

been

the nation.
the

crisis in the affairs of

the

on

publicbusiness

is

no

which
president,

interest may

the citizens

be, it

it becomes

is

assumes

general.

The

rewarding his supporters in


but the placeswhich
at his
are
interest,directly
or
indirectly,

of

Moreover, political
parties

success.

elsewhere,

acquirea
name

and

hitherto

have

of

they

is compatible

The

citizen,concerns

as

dangers.

presidentof

exercises

comparisonto the kings of Europe ;


to
numerous
disposalare sufficiently

in

its

collision between

elections

individual

each

great degree of importance as

thousand

the

indirect ; but the choice of the

collectively
; and

several

of
a

the

States, and what

real embarrassments

be considered

influence

favoured

excitement

extent

vast

Peo-

Election.

the

of elections ; and

all kinds

Nevertheless, the epoch of the


United

which

United

degreeof

presentedno

1825,

of the

Passions

"

Agitation of

the

dangerous there than

under

in

was

to obviate
legislators

render
inhabitants,

less

Why?

"

are

in the

to

utmost

security. The

probableand

carried on,

succeeds

the

by

by experiencethe

dissemination

Crisis.

which

accustomed

are

with

national

elective system

the

second

at

was

ELECTION.

the circumstances

what

precautionswere
The

Calm

its conditional
firsttime

the

The

chosen.

THE

as
"

the

1801;

was

OF

Election

:
uncertainty

in

Adams

Quincy

John

of

cases

CRISIS

The

exercised

has only twice


representatives

of

privilegeof decidingin
the

in the different states.

specialelectors

of the

more

are

led to

rallyaround

tangibleshape

of the candidate

for the

in the

presidency

141

is put forward
these

For

with

much

so

symbol

auspicesof

the

view

the

the

to

in

strengthof

the

appointedtime

tion,
elec-

principles

show, by the

to

the

theories.

gainingthe

of their

triumph

presidentelected,as

him,

returned

which

of their
personification

and

are
parties
stronglyinterested

reasons

not

under

the

as

of

the supporters

jority
ma-

those

principles.
For

long while

the

becomes
discussion.

imaginationcan

peaceful land

and

hand, is absorbed

re-election ; he

his

its

checking

does

its worst

excitement

choice

candidate

level ; but

of the storm

the

Head
of

Source
of

this

It

of the

state, but

of

The

of

of which

nation

the

natural

slightestDesires

as

verish
fe-

public
thought

soon

as

calmer

nearlybroken

refrain from

can

OF

Corruption.
United
Evil

States.
of

THE

Power
"

of the

As

with

the

of every

present.

the

assumes

of

end

dispelled
; and

who

the

near,

glows

dailytheme

has

quently
fre-

do, he

to

populace increase;the

the

the

of

instead

election draws

whole

is the

of

for that

and
majority,
him

dent,
presi-

the

season

its banks,

astonishment

at

executive

Intrigue and

President

America."
the

; the

the election

RE-ELECTION

When

the

each

of the state,which

current

sinks to its usual


causes

cares

the

camps,

is determined,this ardor is

returns, the

the

several

action, the sole interest

every

happy

self-defence.

of

the

subjectof privateconversation,the

papers, the
and

of

in the bosom

duty commands

of
agitation

the

into

its favourite

of

name

divided

are

his

caprices. As

of intrigue
and
activity

citizens

to the

homage

passions,as

courts

by

for the interest of

longer governs

no

create

all the artificial

; and

agitatedand brought to light. The

are

other

the

on

He

the

tion
is at hand, the elec-

topicof
all-engrossing

the

important and

most

ardor of faction is redoubled

The

passionswhich

before

is
The
"

PRESIDENT.

Re-eligible,it
desire

of

being

Disadvantage

Democracy

Majority." The

is that

is the

which

re-elected,the

of

the

it subordinates

Re-election

State

of the

chief

is the

Aim

System

peculiar

to

all

Authority

to

President

encourages

Evil.

may

rightor

be

asked

wrong

in

whether

the

of the
legislators

allowingthe

re-election

of

United
the

States did

president.It

142

first sightcontrary to all

at

seems

executive

the

may

which

the

exercise

upon

circumstances

talents and

re-election of the chief


the

pledge of

surest

and, by

the

from

elected

times,is well

of

known

law

a man
singularinconsistency,

time when

at the very

The

fluence
in-

preventingthe

would
magistrate
deprivethe
and the security
of
prosperity

government

of

singleindividual
in critical
people,
especially

whole

time.

second

the character

the fate of

arduous

or

being

from

power

prevent the head

to

reason

citizens of the
the

wealth
common-

would

be

he had

shown

ded
excluhis

in conductingits affairs.
ability
if these

But
reasons

natural

of

the

state

strong, perhaps still more

are

be advanced

may

the

are

arguments

againstthem.

defects of elective government

compromise the very existence

and

seeks to rise

candidate
be

limited
the

enters
own

to

of the country.

his
by intrigue,
sphere; but

he borrows
lists,

are

immense

narrow

the

In the former

purposes.

; but when

be re-elected,
these evils rise to

can

feeble

the

in action ; in the latter,the

is
influence,

busied

the

when

of

When

chief

simple

necessarily
magistrate

government
of

resources

for his
dividual
in-

an

with
itself,

state

in the work

the head

great height,

must

manoeuvres

strengthof the
case

powerful
corruption

Intrigueand

corruptionand

all its
cabal.

who
to
privatecitizen,
employs the most immoral
practices
to
acquirepower, can only act in a manner
indirectly
prejudicial
the publicprosperity.But if the representative
of the executive

The

the
into the lists,

descends
rate

All

and the success


importance,
laws and negotiations
are
schemes
to the

not

if not

the

to

It is

of

government dwindle

into second-

of his election is his first concern.


then

placesbecome

to him

nothingmore

the reward

community

for which

impossibleto
States without

is the

chief aim
his most

to its chief; and

of services

than

tioneering
elec-

rendered,

influence of the ment,


governthe
is
least
beneficial
to
at
no
injurious
longer
country,

nation,but

United

and

cares

consider

it was

the

created.

ordinarycourse
perceivingthat the desire

of the

of affairs in the

the

president
; that

indifferent measures,

of

his whole
tend

being re-elected
administration,

to this

object; and
that, as the crisis approaches,his personalinterest takes the place
of his interest in the publicgood. The
of re-eligibility
principle
even

renders the corrupt influence of elective governments stillmore

morality
pernicious.It tends to degrade the political
people,and to substitute adroitness for patriotism.
and

of the

tensive
ex-

143

it exercises

In America

of

of

host

bad

must

excessive

which

By

which

laws
of the

should

act

of
principle

to

the

of

body

it.

resist its

To

this end

They

people was

of the

be
be

to

the
visions
pro-

bad,
radically

imperceptible.
democracy,

the
authorityto itself,
direct assailants

the

are

they had

certain

which

the

of the

be

should

forced

but
majority,

refuse its most

to

whole

with

to

the

enjoy a degree of
the

comply

which

popular
with

the

be

able

would

dangerous demands.

executive

the veto

courage

above
authority

being entirely
beyond

would

the

that

is,
legislators

of

power

the

to
prerogatives

the

nation

dent,
presi-

resist the encroachments

to

legislature.

But

by introducingthe principleof
their work
to

the

exert

second
a
ineligible
of

but

that

however

him

they armed

constitutional

the American

they grantedextensive

the

all

its action

necessary,

they centred

lies in the

prerogativeof

governed by

this truth,and

and
caprices,

singlearm
and

consequences

the

appear

of
ability

conceived

determinations

to

the canker

government.

authoritywhich

an

'permanent

in

the

of the

independence,without
control ;

remove

long

accelerate

or

greatestproof

up

frequently

growth of

monarchies

of

reasoning,in countries

discerned
they clearly

that

is

cause

this influence would

counterbalance

increase

very

The

extension

people is perpetuallydrawing

the

where

the

absolute

in

tendingto

measure

parityof

they

influence

the

end, although its bad

destruction

if its consequences

even

survive

may

encourages

unreasonable

and

; and

crown

sources

immediatelyperceived.

of
principle

The

which

fatal in the

prove

be

not

may

law

state

mischief

the

laws, and

but

exaggerated;
within

eluding its attacks.

in

shown

to

in

evil inherent

some

the

on

to be afflicted by
Every government seems
is
its nature, and the geniusof the legislator

existence.

of national

fatal influence

stillmore

the

the

they rendered

great

power

him

of

they

the
had

the

his

vested
be

would
responsibility

people

would

not

be

stroyed
they partlydeclined
little in-

president but

would
time, the president

people, for

favour

induce

; and

re-election

so

in his hands.
far from
not

be

necessary

If

dent
indepenlessened
to

him

;
as

it

by humouring its desires. If re-eligible


true at the present day, when
especially
(and this is more
political
are
moralityis relaxed,and when great men
rare),the president

to

of

the

United

to

court

States

becomes

an

easy

tool

in

the

hands

of

the

144

He

majority.

its

anticipate
idlest
he

order

forestalls

and

instead

of

should
not

talents

daily

is

he

do,

have

of

question

himself

at

chance

of

the

which

class

that

bearing

the

to

those

reserve

has

in

Thus,

individual,

an

its

to

intended

bidding.

and

country

an

been

pedient
ex-

exposed

to

public

the

of

this

upon

one

apprehensions
that
be

it

in

has

to

of

the

constitution

being
measure

entering

due

that
the

met

weight.

the

as

men

of

competition.

will

of

increase
be

excludes
American
"

in

more

the

this
the

of

that

disposed

Editor.]

of

an

re-

tunity
oppor-

justify

may

of

to

from

it,
of

interpolation

chances

individual

ment
instru-

perpetual

favour

practical

citizen

no

adjustment

and

circumstances

effect
to

continued

arguments

under
One

practically

thus
field

while

fair

example.

that

in

from

or

the
that

it.

election,

propriety

expressed

fact
with

third

followed

cution,"
exe-

important

constitution,

were

against

is,

has

into

connexion

its

the

takings
under-

them

declining
of

that

hopeful

an

in

considered

be

Those

is

sense

the
it

as

perhaps

unquestionably
re-elected

once

of

part

administration

an

their

opinion,

president,
may

certainly

from

public

much

of

practice

with

one

authoi

"so

carrying

stated

be

either

side.

either

prolong

allowed

the

of

elected
This

on

are

force

of
There

should

successors,

as

time

words.

objections
eligibility

his

become

third

which

him

means

weight-

established

of

the

great

question,

Washington

every

with

and

good,

The

re-eligibility,

inspire

may

is

re-eligible,

undecided.

for

reason

administration

president

remain

ever

strong

the

leaving
for

must

gives

prolonged

President

the

of

useless,

of

propriety

considerations

are

talents

the

perils

"

can

its

to

yields

legislature

the

as

follow

to

almost

probably
125,

page

for

So

of

state

extraordinary

it,

he

hastens

dangers.

[The

and

ready

rendered

been

complaints,

its

guiding

ever

the

deprive

to

for

of

he

he

animosities,

its

and

likings

wishes,

cravings,

that

its

adopts

president's

acquiesce
ever

in

again

146

small,and
till the

last extremity, and

fall into

if it was

anarchy ;

perpetuallyhave
would
The

less

be

not

violence

that of

; and

and

is awarded

which

generalopinionof

it is very
be

of

the

which

might

what

tribunals

every state

than

rightfor

the

The

of

power

authority

justice
by
it

of

if the

for it ; but

to

the

justicepossess
and

latter proves

the association

by

the

clings

physicalforce exceedinglyrare,

in greater need

of

to

the

in the

directed

its wants.

states

to

the administrative
every

same

Federal
time
have

the

of the

laws

are

have

usually been

obeying

commanding

to
to

the

doubt

which

most

rarelyestablished

most

require

central

government,

the

federal

executive, and

and

which

very

of

courts

them.

be

The
which
very

It may

judicial
power
from
judiciary

less

no

and
justice,
reason

important
act

those

is that

entertained

readily ceded

prudently reserved

security

should

and
principles,

by independent states,

the

affects the

it is

But

same

those

themselves.

all.

they to

that these several powers

follow

formed

the

separationof the

libertyof

attacks

alreadyorganized in
adapt

not

the

remained

federal courts

create

the state, no

nation

should
origin,

which

of

the

repel

to

were

could

The

power

and
citizen,

the existence

Union

to

enforce

privileges
; were

justicewhich

it necessary

was

or

these

fulfilits task.

not

question then

The

againstthem.

of

courts

always obliged

to
judiciary

laws, and

the

to

naturallywreak,

were

first instance,it could

exercise

to

were

it

support of

of the

it is

opposition.*If

of the

of

of

between

courts

other, because

any

that the

same

notion

court

force which

stands

easilybe proved

activity

than its inaction.

the

is doubled

power

citizens

be

intrusted to the

the

of

would

its

that

physicalforce.

Union, therefore, required a national

obedience

to

So

surprisingly
great, that

so

of

formidable

to

to violence

resort

of

would

law.

exposed

The

of

frequentlysubstituted

judicialinstitutions
to

gradually

powerful, it

legalbarrier

moral

federal government

and

partial

and givesa bodilyinfluence


justice,

The

its
indispensable,

idea of

is

the introduction

renders

to substitute
a

of

would

state

community

the

use

mankind

of the law.

number

physical strength,and

intervention

formalities of

mere

shadow

the

the

to

the

case

place

to

at

to violence

resort

militarydespotism.

justiceis

of the government

the

connive

its

to

to
prejudicial

of

great end

not

and
enterprising

recourse

speedilydegenerateinto

to

it would

insubordination,in which

of

acts

temperate, it would

its character

the

no

have

in the

at

the

tions
confederation
real intenthe

right of

right of

compliance
non-

147

in

sphere;

same

that

word,

they should

be correlative

and

geneous.
homo-

suggestedthe advantageof ing


tryin
of
offences committed
in
France, by a foreigncourt
justice,
of the judges.The
the impartiality
Americans
form
order to ensure
No

bosom

this

of

relation to

in

people

one

I presume,

one,

only is each

the

would

be

But

the

without

justicein

of

appeal.

That

that

state

suppose

be

rendered

states

courts

To

ing
carry-

laws

of the"

the

be

to
not

more,

it is in perpetual

whatever

authority
Thus

states.

the. tribunals

advance

to

the

to

force
en-

of the states,

partialjudges to preside

unfit for the

them

United

States

is

number

nation.

teen
alreadythir-

which

decided

causes

twenty-four.

to

its fundamental

laws

at the
interpretations

propositionalike contrary

the tribunals

of the

were

increased

now

subsist,when

can

service

formed,there

was

the

character,of

mere

different
four-and-twenty

subjectedto

time, is

of

means

than

the federal constitution

When

large,but

but
only foreign,

not

number, still more

the

of

allow

to

at

advantage of
by

distinct

Nay

few

of

the

to

nation.

the

over

to the

of the Union

the laws

nation.

since
interests,

common

loses turns

the

Union

the

foreignto

state

oppositionto
Union

in

bodies,would
political

these

by

of

in the

allowed

all

have

execution

the

foreignjudges to preside over

allow

the

intrust

To

instituted

tribunals

to

been

government

which

"

; but

peculiarto themselves,and specialmeans

their affairs.

Union

have

the national

on

in all the rest

points,and independent

on

federal government

bodies
political

dependant

are

origin,maxims

their

divers

people

which
subsist,

ever

to

may
same

and

reason

to

experience.
The

American

legislators therefore

judiciary
power
certain

beforehand.

centred
of

court

in

the

United

decide

appeal causes
court

the

are

of

named

In order

The

States.

courts

causes

presidentof

senate.

of

the

entire

tribunal,which

one

business,inferior
to

laws

to

Union,

create

and

which
questionsaffecting
general interests,

determined
was

apply the

to

agreed

to

by

United
render

to

facilitate the

importance

magnitude.

neither

denominated

to

the

The

people

it,which

without

nor

the

Union

supreme

expedition of
were

of the

ered
empow-

with

supreme

but by
legislature,

States, actingwith
them

of

appeal,and

members
the

carefully
the

was

appended

were

of small

more

the

But,

determine

to
were

judicialpower

federal

independentof

the

advice

the other

of

the

author-

148

their
ities,
their

office was

salary,when
It

was

inalienable

made

fixed,should

once

altered

the extent

the

by

that

ture.*
legisla-

federal

of its

ciary,
judi-

jurisdiction

to be determined.

was

MEANS

DETERMINING

OF

The

"

what

In

"

several

States.

Interpretationof

the

Laws.

powers,

in presence

of view

by

which

tribunals.

nations

of

Republic,
by

over

wras

courts

at

which

into

the

of the

It will be
States

and

case,

and

States

is

the
more

two

the

try

is

all the

federal

care

"circuit

the

in the

upon

causes

holds

and

attend.

must

manner,

the

in the

judge

district court."

portion of

; the

spot

diction,
juris-

federal

resident

Lastly, all

courts

tion
ques-

decide the dif-

to

the

court, which

circuit

same

reach

of which

each

their mutual

relatingto

court."

supreme
the

those

rightof deciding

"
termed
a
presided was
visits
certain
a
annually

he

important

most

judges of

the

between

wrhen
singlebody politic,

court

supreme

styled

courts

utmost

referred.

to be

courts

which

in

before

brought

judicialpoint

the
justice,

whom

to

in
districts,

into

of the

of

generallywithin

is

court

distinct

recognisedtwo

most

serious

solemn

session

jury

The

cases

same

the

presided

court

cases
once

duced
intro-

was

into

as

the

states.

the

whereas

refers the

to

observed

court

6upreme

the

magistrate

litigationare
year,

court

constitute

divided

and

in order

this

the

to

Laws,

several

frequentcollisions

of each

judges

the

the

by

of the

Jurisdiction.

own

would
definingtheir separate jurisdictions

between

was

appointed,

Each

in

third tribunal

union

The

Sovereignty reserved

other, representedin

arose,

which

is debated

of

States

questionthen

the competency

was

of each

be taken

The

in Confederation.

fixingtheir

restricted

States

of the United

insufficient to prevent

been

In

these

COURTS.

of Justice

courts

Portion

distinct classes of courts

two

could

have

the

FEDERAL

of

Consequently,the Danger

"

the constitution

As

Right

the

THE

real.

than

apparent

attacks

Sovereignty of

The

"

Rule

OF

of separate

obtained

Union

this

Respect

Jurisdictions

the

of the

Courts

JURISDICTION

THE

of determining
Difficulty

determined

of
principle

when
but difficulties multiplied

of

it was

be

not

proclaim the

to

easy

; and

cause

that

French

decides
the
to

1789, laws

cour

the

no

de

cour

upon
de

analogy
the

United

between

cassation, since
evidence

cassation

arbitration

of the

exists

the

of the

does

of another

not

the

latter

fact, as

tribunal.

only

well

pronounce

See

States, by Story, vol. i.,p.

as

53.

the

upon

law

United

appeals.

hears

decision
the

of the

court

supreme

of

of

law

of the

its own,
the

24th

The

but

tember,
Sep-

149

this is effected without

ference ; and

questionsof judicial
competency

the

of
privileges

the

create

to

national

the

arbiter between

an

of

court
superior

these courts

to

would

therefore

was

contested.

of the states,would

with

allow

To

grant

have

been

this

one

of

one

to retain

or

the

and

belong to

to

necessary

tions
na-

impossible

was

not

and to take

cause,

was

it

of the Union

court
superior

in these

connexion

no

But

supremacy.

judge its own

different courts

the

It

pointwhich

of the

have

separate state, which

classes.

of these' two

to

because
difficulty,

zance
cogni-

privilege

destroythe

to

of the Union de facto,after having established it dejure;


sovereignty
of the constitution would soon
have restored
for the interpretation
that
act

portionof independenceto the


The
objectof
deprivedthem.
the

prevent

to

was

uniform

laws

of the Union.

if the

abstain

obligedto

States

United
all

several

their

in

cases

end

would

therefore invested

was

of them
which

dubious

was

It
arbitrary.

was

limits of the
contested

which

decide

to

they

were

of

court

supreme

the

the rip-htof determining

by

by one
; by a

is true

federal

only by

limit which

states

than
America

but

In

order

to

federal

many

with

those

court

supreme

right of the

causes,

of

of
the

supreme

unsuccessfully.

Commentaries,

N2

this mode

to

be.

the

Union,
of

court

See

of

courts

United

"

of

the

the

the

The

of

rule which

the

United

the

precise
is

shall

these

suits,it
should

The

Commentaries,
Organic

Law

to

judge

vol.

of the

in the

decided

was

then

of

an

that

in

to

decide

Virginia contested
its

great
jointly
con-

to

the

the

decisions,

i., pp. 300, 370, et seq.;


United

right of appeal

appeal from

in

provincial

that

empowered

be

court

supreme

States

less serious

hereafter

see

country is vested

states

independenceof

proceedingare

losing party having

States.

Kent's

p. 646 ; and

another

this supremacy

which

We

the

number

the

the

pretation
the inter-

by

laid down

whenever

by

strengthof

diminish

and

states,

states,a federal tribunal decides the question.

they appeared
the real

known,

and
certain,

was

the

laws, but by

was

rule which

supremacy,

threatened

was

the

the constitution had

of the

one

independence of

Nevertheless,the dangers with

but

accomplished

competent

The

with

the

upon

restricted not

thus

was

blow

severe

was

which

been

of jurisdiction.*
questions

This

the

have

from
separate capacities,

as

to

so

of the
interpretation

been

federal tribunals.

federal tribunal

decidingquestions

the

not

had

states

of that

department,and

own

for
jurisprudence

This

of the

courts

upon

of

body

form

from

states

interests in their

national

the
affecting

the terms

creation of

the

of the

courts

of which

states

Story's
States," vol. i.,p. 35.

150

far

than

more

conscious

in the federal government.

of the

relative weakness

they act, and they are


in
which

to

they have

justlytheir

federal

the

After

the

and,

the

on

to

assert

the

to

Of

"

privilege

Jurisdiction.

Union.

Suits

"

State.

separate

"

judged by

Why

Non-performance

of

means

of Contracts

tried

fixingthe competency

the Union

defined

It was
jurisdiction.

the

certain

that

the

of

cases

established,
on

always be brought before

regardto

any

other,

federal

Union.

of the

partiesmust

the federal courts, without


cause

rightof jurisdiction

of this Arrangement.

their

certain

that

hand,

one

the

Laws

of
legislators

within

come

of the

of

the

relating

Causes

Consequences

"

courts, the

should

which

"

resulting from

"

Courts.

name

JURISDICTION.

Suits

having appointedthe

federal

the

engaged.

Causes

"

OF

the first Conditions

are

are

Tribunals.

federal

the

by

tried.

whom

CASES

Party

Ambassadors

in which

By

the

and

Matter

in whose

power

than

own,

judges are

legalclaim.

no

DIFFERENT

The

the

inclined to abandon

more

it is

where

cases

of

federal

The

specialnature

always

must

causes

of

the
be

courts, without
brought before the same
any regard to the quality
distinctions were
therefore adof the partiesin the suit. These
mitted
to be

Ambassadors
with
some

in

degree the

suit,that
is

The

Union

case

and to

sense,

common

of these

When
a

court

two

suit,the

be

its

be

When

welfare

involved

appealto
; the

own

of

in

alike contrary to
to

of

state

the

is a party

nation,and

federal

it.
and
legalproceedings,

the

tribunal

federal

amity

concerns

ambassador

an

decide

to

upon

in

these personages

concerns

Union.

whole

itself may

sovereigntythan

in

whatever

suit affects the

it would

jurisdiction.

of nations
representatives

naturallycalled

tribunal

this

the

are

the Union, and

in

of the federal

the bases

customs

of

all

in

nations,

representing
any

other

take cogcourts, therefore,


nizance

affairs.

partiesbelongingto
case

of either state.

cannot

with

The

surest

two

different states

are

proprietybe brought
is
expedient

to select a

engaged
before

tribunal

151

like that of the Union, which


offers the

which

party, and

excite

can

the

natural

most

well

as

neither

of
suspicions
the most

as

certain

remedy.
When

the

partiesare

two

privateindividuals,but

not

importantpoliticalconsideration
qualityof

The

equity.

all their

importanceto
the

states

The

of

nature

Thus

under

all these

law

of

in

the

relation

national

the

rule of

maritime

petency.
com-

commerce

most
Al-

tribunals.!

of
interpretation

the

interest
respect they essentially

the

with

limits of
hear

only can

Union.*

whole

the federal

foreignpowers.

to

national

gives a

of the

concern

connected

this

of

of
litigation
trifling

most

the peace

cognizanceof

in

within

courts

the

questionswhich

questionsare

included

and

an

motive

same

the
frequently
prescribes

cause

nations ; and

Union
not

the

all the

evidentlyfall

disputes
;

the

to

this case,

in
parties,

the

said to involve

be

may

is added

states,

the

Moreover,

is

sea

the
peculiarjurisdiction,

any

which

causes

the

as

originatein

maritime

affairs.
constitution

The

which
The

by

their very

nature

which

lays down

rule

is

with

and

examples

will

all the

with

simple,but pregnant
multitude

vast

of the

judicial
power

in law

cases

almost

head

one

cases

within the limits of the federal courts.

come

ideas, and

the

that

all

it

of

system

to

comprisesunder

of facts.
court

supreme

the laws

equityarising under

an

tire
en-

clares
It de-

shall

extend

of the

United

States.
Two

clearest

constitution

comply

to

constitution

of

state

most

the

and

as

in

well

nature

the

laws

the

a*arm

among

power

was

the

the

federal
state."

p.

f As, for instance,all

which

in the
court

624,

of

case

in

so
or

of

far

the

Chisholme

was

v.

suits

largeedition,"

piracy.

case

controversies

to

suits

Georgia,
The

brought
This
and

decision
and

decided

was

created

ratified

the

against

question

brought against
1677.

tween
be-

important question

latter.

the

parties

jurisdictiongiven by

proposed

regards

"

a most

the

affirmative.

it

as

in the

on

the
constitution,

here

extended
to

interested

shall decide

And

party,

amendment

an

away

cases

courts

whether

was,

is

state

supreme

the

which

exclusively confined

states, and

Story's Commentaries,

the

in which

entirelytaken

kind, with

that

was

making

this prohibition,
if,notwithstanding

of another

arose,

by it,or

from

states

it is contrary to the

says

elaborately considered

majorityof

this

because

also

cases

as

of

the citizens

constitutional

constitution
state

law

passes

The

prohibitsthe

circulation of money

and

refuse

in
legislator

"

state

of the

light:

The

value

put the intentions

was

by

general

by which

the

state.

See

152

must

before

come

of the United

federal

import duties

decide the case,

must

law

of the United

This

been

have

which

perfectaccordance

of the

federal

1789,

possesses,

it is true,

Within

those

within

refuse them

to

United

the

rightswhich

belong

the execution

laws

relatingto

its
own

the

these matters

when

is established
the share

the

Thus

and

to

But

nation

every

it
has

questionswhich
in relation

cern
con-

know

some

rest

is,that in the
all the

what

have

to

all the

to

rightsof

these

matters

how

shown

arise ; for

can

it

wras

soon

as

it

as

belongsto

constitution to the Union,

the

within

come

the Union

This

principlewas

states

as

independent

in the

house

in

some

powers

States

the

tion
jurisdic-

ever
attacked, or when-

are

in self-defence,
the federal
of
jurisdiction

its limits

principalaim

of

of the United

the

narrows

of
sovereignty

are

impossible

determiningthe jurisdiction

is that it should

laws

resorted

appealed to.

is

federal court.

they are

that the

of

people

nations.

possesses

(and we

means

point is

same

suit is federal,that is to say, that it

consequence

Whenever

extends

other

be drawn

to

the Union

sovereigntyreserved by

of

the natural

that

the

that in relation

farther doubt

no
courts),

this

this it is answered, that

To

inference

it is resolved

once

of the federal

and

those

is to
sovereignty.The difficulty

resolved, in speaking of the

of

laws.

people.*

edged
; for if it be acknowl-

one

to

in

ed
intend-

same

it
constitution,

courts

own

it was

When

that
originof society,

people,and

nonentity. But

; and

the

that
singulara position,

so

it constitutes

it is

the

of its

is in

constitute
their

rightof decidingby

are

is

principles

established

was

; but

and

one

prescribedby

the

absolute

limited supremacy

States

allowed, from

matters

it

as

admitted, the inference is easy

been

Union

Union

sovereign.

has

the

The

limits the Union

bounds

the

with the fundamental

form

the

that

of a
interpretation

the

its limits it should

established and

levyingof

congress, the federal court

by

it arises under

because

constitution.

within

voted

the laws

States.

rule is in

that

difficulties arise in the

Again, if

States.

it arises under

court, because

into

the

or

the

decreases.

of
legislators

restricted

measure

representativeswhen

tribunals

exactlyin

augments
of the

the

by

1789

the

must

of the

same

We
was

introduction

ratio
have

Union
as

the

shown

to divide

of the

be

the

several

to
vote
separately
by allowing them
president is elected by that body ; but these

senate, and
the

courts

is the rule.
exceptions, and the contrary principle

154

thinks
in

that

this kind

of
obligation

an

his state, he

refuse

may

is

impaired by
and

obey it,

to

law

passed

appeal

may

the

to

federal courts*
This

provisionappears

to

The

the independenceof the states.

of obvious

for purposes

government

the

to be

me

serious attack

most

rightsawarded

national

to the

upon

federal

importanceare

definite

easilycomprehensible; but those with which this last clause


invests it are not either clearlyappreciableor accurately
defined.
and

For

there

laws
political

of

numbers

vast

are

of contracts, which
obligations

fears of the

[The
the

contract,

deep

deemed

are

in other

them

several

among

the

arbiter

is of

the

the

to

state

the

of

means

federal

of

its

instance

of

remarkable
1 3S8)

granted

"

to

under

of

consent

not

of

is

possession

here

rights,but

passed

into

the

by

common

itself,for

by any future
equally binding

referred
of

not

to ensures,

all.

Property
by

hands

possessor's

acquired right,not

an

into

Union

and

contract,

have

state

"commerce

be revoked

constitution

acquired

have

obligationof

of this

of the

federal

entered

existence

cannot

is

of the

it may

this

charter.

of the

the

old

charter

the

act

held
the

by

by

given by

in New
the

American

guarantied by

trustees

impairing

as

to

its

with

charter

funds

Its

the

obligation of

the

capacity

bestowed

were

the

upon

entirelyof private donations.


public, that is, for the general benefit,and
for

not

make

the

general charity.

vested
beneficence.
nature,

corporation
It

was

not

It
not

is

10),

that
be

take

to

the

provincial
and

the

arguments,

it

charter
that

resume

those

was

the

ginal
ori-

The

act.

erately
delib-

was
a

contract

amendatory

college

The

act

ed,
deem-

was

private eleemosynary institution,

faith of

unconnected

that

for the

mere

the

with

charter, and

the

uses

public ccrporation.

It

of the

was

the

those

in

were

benefit

private trustees, for a public charity, or for a


funds
the
And
state
itself,if it had bestowed
not

the

rights,privileges,and

some

ernment.
gov-

funds
sense

corporators;

tion
private institu-

distinguishable in principlefrom

in

could

formed
without

had,

under

charter.

property

true

charter

trustees

organization of

the

after solemn

the

its

tion
large edi-

by

Hampshire

appointed

trustees

(art. i.,sect.

consisted

this did

changing

new

that

court

New

in the

or

founded

been

transferring all

contested, and

constitution

the

had

revolution,and

act

an

college, and

was

Story (p. 508,

legislatureof

The

supreme

of

Mr.

Hampshire

colleges of private foundation, to

like other
endowed

the

meaning

utterly void,

is

corporation, passed

this

from

this

before

of
constitutionality

franchises

same

and

clause

the

to

the

of every

citizens

continuance

company

part

individuals

certain

to

provincialcharter

but

impairs

The

great

college

Dartmouth

corporation

was

gives

constitution.

"

within

the

contract,

The

and

contract;

is

independence of

controllingpower,

exist.

to

state

grantee.

existence

legallybe held, though

may

the

the

to

as

therefore, the

importance

granted by

charter

last

such

not

the

pretext

easy

obligationof the contracts

could

states"

The

without

accepted by him,

individual,and
law.

indeed

states:

law

state

quite unfounded.

preserving the

in

interest

an

the

to

constitution, which

authority of deciding when

the

influence

authority.

respecting the danger

author

provisionof the

of that

states

courts

central

of the
aggressions

for the

furnish

thus

may

which

funds."

tion,
a
private donaof
particular purpose

upon

charity of

the

155

enforcing the obligationsof contracts,


themselves
would
inevitably
independent of all state authority,the states
the
in collision in their efforts to protect their respectivecitizens from
come
i" there

M.

legislationof

the

of

consequences

of

peaceablemeans

no

were

Tocqueville'sobservation,

De

federal

the

invests

question
It relates

obligationis
definite

any

right

in which

furnish

an

Is

obscure.

it intended

contracts

arise
not
question would
of
obligation contracts, for

the
the

the federal

laws, which

of

adoption

may

clause

the

that

gave

rise to

may

pass

laws

the

that

central

the

which

thus

and

forbidding laws

applies only

to

the
the

be, that

this would

to

thus

may

passed by

be

contract,

of

authority,"is

central
may

impairing

the

states

to

pass

that

it

find it necessary

under

the

pretence
make

authority may
the

reach

to

was

and

not

laws

political

of vindicating the

aggressions on

is,that the motive

answer

of every

to

the
the

description,politicalas

be
by the states of what may
of
demands
confiscating
foreign creditors,
is,that states
prohibition. The settled doctrine now

politicallaws, viz:

the abuse

was

acts

in respect

shall be made,

contracts

states

laws:"
political

their

all others, and

as

called

clause

and

the

contracts,

annul

and

the

affect contracts,

obligationof

well

of

the clause

that

cally,
practi-

numbers

vast

are

contracts,

laws
political

under

Slates

government.

intended, that

If it be

states

there

"

authority,influencing the obligation of


themselves
be destroyed ?
The
answer

central

all

prohibition.

of the

aggressions
that

At

in those

is found,
difficulty

obligationsof

the

distinction

palpable.

of the United

author, that

the

for

pretext

easy

the

that

precise

as

The

very

discussed, no

limits

exact

of

influence

which

laws
political

to

the

been

be

or

time, tribunal, and

the

seems

court

supreme

has

observation

enforced,

in

itself.

which

by
to

seems

and

clause

the

language.

contract,

be

to

of the

this clause

next

rather

right is

understanding

in
The

that

human

by

the clause

act

any

this

lawyers,

be made

of

view

forbids

and

which

clearlyappreciable

not

are

mistaken

contract,

the fruits of

to

"

upon
a

rightswith

that the

American

can

the decision

since

events,
cases

rule

in which

manner,

To

impaired.

as

the

between

obligationof

the

to

state.

government

accurately defined," proceeds

and

another

the

to

and

making

of contracts,

how, but that they

prescribewhat

may

impair

cannot

any

that

are

already made.
The

writer

of this

upon
is exhibited
and
the

that

what

in the

is

note

he must

unwilling
think

dismiss

fundamental

commented

passage

to

on,

as

well

court,

supreme

to

be

instrument

ready
Although the judges
fact, they

to
are

part

of the
its

execute

in form

appointed by

in other

as

States, and

political federal

designs

commissioned

by

passages:

state

the United

and

judge
United
duties

of the

States, yet in

States
to

court,

supreme
than

the

he

now

perform; they are

he

would

is.

In

arbiters

not

be

truth, the
chosen

by

less

as

authorities.

delegates of the state, in the senate


United
States, concurrently with, and acting upon, the nomination
to
were
president. If the legislatureof each state in the Union
are

"

particularly

government,

the

upon

marking
re-

of the author, which

error

is,in supposing the judiciaryof the United

the

subject,without

the

of

the

of the
elect

politicalofficer of the

judiciaryhave
the federal

and

no

state

political
govern-

156

other.

They

in the senate,

they

and

president,and against his


And

it has

been

nominated

majority

of the

Two

judges of

they

courts

state

officers,from

highest

the

have

the

of

court

supreme

would

have

River

Charles

strive

much

as

federal

do

not

I
it is

the

from

of

cases

Bank

the

of

this is not

"

all

that

predicament;

same

of the character

laws

of the

of individual

least,it

the

say

decision

recent

certain

THE

City of

the

Warren

vs.

Bridge,

in

New

York,

Commonwealth

FEDERAL

the
in the

of
the

the

Americans

federal
Union.

have
Courts.
The

"

"

was

very

of Kentucky,

ib. 420.

what

succeeded
Indirect

those

the

countries

againstwhom

is thus

Ed.]

Legislators ought

"

in this.

States, before

not

Direct

"

Supreme

to

the

of

Prosecution

of the

Prosecution

of the

of
privileges

Court

States
enervate

the federal courts

the

irresistible authority
of

The

American

"

ib.

COURTS.

Confederations.

Decrees

Miln, llth

vs.

which

but

provincial Laws.

important to pointout

the individual
power

same

every

to

manner

in
justice

sovereigntyis undivided, is derived


of

of

vs.

the

Bridge

How

Laws

less

exercised.

is,that

answer

influence

possible to bring private Individuals,and

shown

no

of

of the executive

in the

are

where,

judiciaryPower

"

destroy

have

to the

lowest,

cases

of the
as

Courts.

the

the

during

occurred

influence

States, in which

OF

private Individuals
violate

the

to

confirmation

PROCEDURE

Weakness

Natural

with

politicalparty

same

did not

See

to.

Briscor

Peters, 103.
257.

of persons

senate

therefore,deprive them

not,

United

they

referred

laws

state

constitution.

infringethe provisionsof the constitution,


those provisionsbroadly and extensively,
to
construe
disposition
found very plausiblegrounds to indulge itself in annulling the

questionablewhether
where

sented
repreof the

consent

arbiters.

sustained, in

been

the

to

does

receive

observations

These

and

exposed

are

independent

impartialand

of the

as

states

the

the

of this kind

instances

equally exposed

are

that this circumstance

states

the

of

theory

rejectionby
of

the

States, by the expectation of offices in his gift,the

the United

of

without

one

the

Jefferson.

of Mr.

If it be alleged that

and

the

of

consent

is the

Such

president

senators.

administration

state

wishes.

judges, by

the

be removed

can

in
practically,

felt

as

without

be removed

cannot

of the

independent

appointed,as

when

jointly,and

ments,

introduced

always the

case

from

to

corroborate

they are

countries

in which

the fact that the

in countries

in which

the

idea

right. But
sovereigntyis

idea of
the

bunals
tri-

at issue with

is directed ; and
the

and

in which

represent the entire nation


their decree

are,

157

divided
to

in them

the

fraction of the nation

moral

than

to

frequently
opposed

more

isolated

an

and
individual,

its

and physical
authority
strengthare

In federal states
that of the

justiciable
partiesis augmented.
courts

of

in countries

where

the

the confederation

justiciable
party

the

as

undivided

is
sovereignty

to maintain

tend

of
representative

the

as

be, to

of
representative

of the

render

that which

justice
analogousto

to
ought constantly

aim

The

ought therefore to

states

of the

his efforts

diminished.
consequently
judge is naturallydecreased,and

of the

the power

in confederate

of

is

judicial
power

the

other

words,

judicial
power

nation,and

individual

an

the position

they occupy

; in

the

lator
legis-

the

interest.

be its constitution,
the
Every government, whatever
requires
may
of constraining
its subjectsto dischargetheir obligations,
means
and

of

from
protectingits privileges

direct action of the


constitution

of the United

policy,that
should

For,
the

the

only take
it had

as

the inference

of

declared

was

actingwithin
national

community

contrived,by

acting in

courts,

in
parties

cognizanceof

been

the

on

States

federal

people within

same

and

government

that

the

the
an

Union

as

the

concerned,the
of

master-stroke

of

name

the

individual

laws,

capacity.
and

one

the

constitution,

this

constitution,

by

that the
these

is

far

consisted of

limits laid down

the

As

their assaults.

government created by
invested with all
limits,
was

the

privileges

of which is the right


principal
of transmitting
citizen. When,
its injunctions
to the private
directly
for instance,
the Union
votes
an
impost,it does not apply to the
a

for the

states

levyingof it,but

to his assessment.
to enforce
not

the execution

its

of

an

court, which

supreme

of this law

in
citizen,

of the

Union,

is

portion
pro-

empowered
its influence

exerts

individual.

antagonist
; and

own

The

American

to every

state, but upon the privatetaxpayer ;


refractory
of other nations,it is opposed to the
judicial
power

upon

and, like the


person

of the

government, one

It is to be
as

that

observed

that

the Union

he
is feeble,
antagonist

chose

is naturally

worsted.
But

the

forward

increases
difficulty

by but against the

legislative
power
of
the privileges
between

it

that

only

remains

Vol.

I." 0

when

Union.

the
The

of

the

the

Union, in which

state

body and
to

select

; and

proceedingsare not brought


constitution recognises
the
law
case

the state which

the

least

so
a

has

enacted

may

impair

collision is unavoidable

passed the

law

; and

dangerous remedy, which

is

158

clearlydeducible

very

the

from

I
generalprinciples

have

before

established.*
It may
Union

annulled

natural

been

this

this

by
proceeding:

of

course

placed in

avoid

act ; and

the

much

predicamentas

interests
interests

are

law

attack
and

againstsuch

it is to these

as

that the

cases

have

desirable

Americans

should

to

hold

impair the

not

its provisions
: these

the American

measures

adopted

would

it was

possible. The

as

would

have

judicial
power

the state, and

nearlyimpossiblethat a new
of some
privateindividual by
by

it would

means

that it is

assumed

consideration,the

federal court, which

but the

to
hostility

open

under

case

sued the state before

might have

have

that, in the

be conceived

private

the ground of
as
legislators
to
prejudicial

be

may

of
protection

the

Union,

the

is

court

supreme

extended.

Suppose

and that
is otherwise

disposedof, and

the

the

null

the

state

; but

of detail

The

Union
it

last

first act

that

state

it could

the

but to try

is

weakens

to

inherent

See

chapter vi.,on

t See Kent's

was

with

the

each

and

in its principle,

that

tribunal.

In

state.
a

very

essence

judicial
power

This
the

of

Thus
this instance

suit

was

qualityof
at

fectly
perthe

ginning
the be-

being avoided.

of federal constitu-

in America.

Commentaries, vol. i.,p. 387.

law
provincial

danger pointedout
less chance

formed

state

distinct civil rights,

contest

party.

except

the

here

chapter exists

be

to

sovereigntyof

not

before

to

upon

cause,

disadvantageof

that

was

be sued

state

other

different ; and

of this
The

any

the

action before

specialapplication

against another

called

not

suit in which

similar

partieswas

was

take possession,

to

of the

upon

existence

or

action

is violated.

destroysit.

remained

sue

territory

pointof fact,the judicial

in its consequences,

than

therefore

pany,
com-

which
constitution,

appears

claims

contestingthe

the law

bring an

Union
a

the

title of the claimant

in

void.f Thus,

hypothesisthat

could

which

by

brings his

the

causes

enjoyinga separate
corporation
and

its territory
to

of the

act

and
only acts indirectly

it rather

and

and

it attacks

law

clause

that

the

under

of the Union, and

of

power

it passes

the second

purchaser under

pronounced

portionof

impairing the obligationof contracts,

possessor

tribunals

certain

year afterward

prohibitslaws
When

vends

state

159

which

presentpowerful obstacles

HIGH

RANK

OF

Nation

constituted

ever

Prerogative."

Us

of the

When
of the

was

constituted

never

at the

and

class of

the

shown

itself

This

and, on

European

In America

with

nation

their

this

treaties

made

of

theoryhas
of

court

supreme

Its power

extends
the

by

to

of its

nature

the

cises,
exer-

rights

of

ordinarycourse

the

heightin

can
origin,

it

justice.
absolute

an

of
privileges

that

ways
al-

has

to which

cases

increasingliberties

the courts

of the

people;

all judicial
versies,
contro-

be decided

law

almost

all the

by

the

judges

of

relations of the

is the sole tribunal

cases

and

practice
;

of the
and

laws

arisingunder

all

and
jurisdiction,
nations.

It may

in

generalto
be

even

all

affirmed

is essentially
its prerogatives
judicial,

the Union

government

in

authorities,to
legislative

and

political.Its
entirely
of

actuallyput

States

maritime

affect the

of the laws

are

the

its utmost

been

executive

that,althoughits constitution

with

the

to allow

by

the United

admiraltyand

pointswhich

are

it

it controls.

present held

at

organization

Europe, the government

hand,

the

has

regard to

nation.

cases

other

very

Judges.

law.

common

the

decided

the

extended

without
of

be

attains
naturally

repugnance

no

to

party

justiceare

but

of

Existence

imposing judicial
power
is placed
court
supreme

more

both by
tribunals,

countries

of

Extent

"

which
prerogatives

entire
a

the

in detail the

people.The

any

POWERS

Americans.

the

federal

seven

the greatest repugnance

government
of

the

that

as

justiciable
partieswhich

In all the civilized

was

by

of all known

head

the

readilyadmit

shall

justice.

GREAT

THE

Tranquillity and

The

"

of

Discretion

court, and

supreme
we

judicialPower

examined
successfully

have

we

the

on

of

course

AMONG

nation

of the

STATE.

Influence.
political

Its

depend

Union

great

so

bosom

free

to the

COURTS

SUPREME

THE

OF

No

the

is, that they engenderpartiesin

tions

sole

; and

with

the

objectis to
the Union

enforce

the

cution
exe-

the
onlyregulates

citizens,and

of the

foreignpowers : the relations of citizens among


almost exclusively
of
regulatedby the sovereignty

nation

themselves
the states.

160

second

A
court

be

may

still

and

; but

the

York

versus

court

which

recollected
other

of

the state

that

millions of men,

two

large
The

of the

in the. hands

invested

; the

powers

designsof

would

the

of

of
spirit

Their

democracy.
people

which

from

their

be

remain

below

The

intractable

denned
the

can
as

the

federal

judges must

not

of that

information

and

signsof
threaten

may

which

is due

The

to

without
congress

nor

slow

the

dience
disobe-

the

innovations
againstthe fleeting

the

are

it is clothed

but

; but

less

in

the

all-powerful
guardians

they

would

be

The

impotent

force of
its exact

public
limits

dangerous to exceed, than

to

be

statesmen

not
politicians,

"

afraid to brave
aside such

to turn

of the Union

supremacy

the

unread

obstacles

which

encroachingelements
and

the

obedience

the laws.

who
president,

causing great

from

the

and men
only be good citizens,
sessed
poswhich
to
are
integrity
indispensable

the times, not

be subdued,

gislative
of the le-

boundary prescribed.

but they must


magistrates,
in

the executive

from
protection

of agents, because

it is not

; and

their active

exaggeratedclaims of the
interests of privatecitizens,

is enormous,

power

Union, are

encroachments

the Union

the

order

respects law

the most

cannot

it is

when

of the

letter

dead

againstpopularneglector popular contempt.


opinionis

feel that the

disappointso

to

be

authorityof publicopinion. They


of

New

of the
responsibility

Without

public interest againstthe

the conservative

and

the

of

million,and the

judges.

they defend

of the states,the states

Union,

and

or
satisfy

to

demands
legislature

executive

the

by

againstthe

for assistance

them

to

very existence

the

seven

constitution

the
co-operation

appealsto

is about

and
prosperity,

the

peace,

is struck

advances

their fellow-citizens.

of

number

ereign
sov-

state

not
impossible

ordinarybody ;
parties
represents one

one

viduals
privateindi-

summons

The

"

no

decision

judges whose

seven

is

of these

one

it is

Ohio,"

addresses

he

States

tribunal,and simply says,

the steps of the

on

of

of

courts

the clerk of the court

When

its bar.

to

powers

of the United

court

supreme

the

Europe

try the controversies

to

upon

this

preponderanceof

of

nations

the

In

adduced.

are
justice
only called

of the

greatercause

miscnief

exercises

limited

in the state.

destroyingthe Union,
originates
may

cause

because

power,

may

it to retract

without

decide

Congress may
the electoral

err

body

its decision

amiss

in which

by changing

162

rived

meliorations

some

this is

acknowledge that

to

when

eleven

confederation

the American

avoided

than

since

these

that

constitution,and

of its superiority,

defects

been

promulgationof

the

republicshave

new

the

have

states

new

shall be led

we

only a secondarycause

that

recollect

we

past experience. But

from

which

to

the federal

always

existed

added

rather

in the

aggerated
ex-

former

constitutions.
chief

The

of the

in the character
it

when

who

who

men

for their

were

all been

braced

was

by

nurtured

which
in their

career

the country which


of

was

which
the

America
of

abuse

the

say what

to

by

they
and

warm

she

believed

to

this

At

Alexander

time

"

There

to

who

some

are

which

be

may

of the

government

promoted.

The

from

breeze
the

arts

justobservation
to

their very

passion, or

of

men

that

errors.

who

the

result from

had

the

courage
animated

they were

of the

one

regard
or

very

crude

of the

true

it does
to

not

every

flatter

conduct

in the

require an

by

their

to

that
whom

impulse which
prejudicesto betray
intend

would

well

which

ol

the

the

the

the

71

purposes

ness
public happi-

deliberative

they

intrust

the
their

public good.

despise the

people may
interests.
This

adulator

often
who

sense

the

unqualifiedcomplaisance

transient

of the

Federalist,No.

pliancy of the executive


legislature,as its best recommendation.

notions, as
means

of those

pose
pro-

tion.*
destruc-

servile

the

republican principledemands
the

to

principalfounders
in the

war

only dangers

might

They

sentiments

community

people commonly
But
their good sense

the

was

to

entertain

govern

of

the

that

which

won.

following

instituted,

of their affairs ; but


sudden

and

those

gers
dan-

men

they perceivedthat

be true, because

as

should

community

in the

men

was

terminated, while

liberty
they ventured
; and
they were
resolutely
opposed to

the

erty
lib-

stopped short
penetratinglook upon

more

had

be inclined

either

such

own

Hamilton, who
express

would

prevailing current,
But

for

to

ism.
patriot-

love of

because
restrictions,

and

were

freedom

sincere

constitution, ventured

their

fear

to

Union

of
spirit

the

was

them, these

ended,
definitely

had

for their

so

when

the contest

calmer

now

independence was

served,
alreadyob-

struggleagainst a powerful and

threaten

to

they cast

I have

those

populace persistedin warring with

the

ceased

had

than

of the
legislators

time

nent,
immi-

were

extremitythe people

still more
at

continual

passionsof

excited

all the

lay

the time

At

the esteem, rather

almost

predominant authority. When


the

In this

intelligence,
they were

had

They

it.

confederation

affections of the country.

as
distinguished

that

the

deserved

constitution

composed

inevitable.

most

gained the

had

dangers of

its ruin seemed

the

the federal

of
superiority

who
legislators

the

formed

was

and

chose

of the

cause

to

agement
man-

every

receive
It

is

applies
should

163

The

of the constitutions

greaternumber
for the duration

year

of the house

for that of the senate

that

; so

constantlyand narrowly tied


constituents.
this excessive

of the main

nature

it vested
the

the

down

increased

people. They

returned, in order

the exercise

own

The

federal

different
But

states, divided

elements
that

the

these two

and

that

laws

same

in
originate
of

that

like

is the

the

of

the

into

chamber

one

certain

in

as

the

made

the

house

upper

number
To

violence

that

from
err

which

the

has

the

but

the

branch

other,it

the senatorial

elected

an

ditions
con-

of

the

the
least

at

may

mature

dignity,and

assembly of

limited

and

saved

always
that

right about

reason

they

sometimes

err

democracies

the

; and

rather

interests

than

of the

to

people

at

are

they have appointed


delusion, in order
temporary
the

reflection.

people

very
of

procured lasting monuments


enough

to

serve

at

the

fatal
their

When

variance
be

to
to

guardians
cited

gratitude to

perilof

their

the

they

They
so

by

it ; and

of

the

of

those

and

their
who

those

displeasure."

interests,to

conduct

own

had

phants;
syco-

who

themselves

opportunity
a

dom
sel-

artifices

inclinations,it is the

time

men

present

in which
of

consequences

this is

parasites and

desperate

deserve

their

give them
be

of

occasions
with

the

might

Instances

from

it.

is that

wiles

lative
legis-

it.

promoting

wonder

the

they

than

more

deserve

whom

sedate

the

the

; for as

of

means

the

ambitious, the avaricious,

confidence

their

possess

of

social force in the hands

tendency of

natural

of the

snares

possess

the

of persons

cool

of

they do, beset, as they continually are, by

as

to

is the

they would

who

men

seek

by

whole

the

experience

by
of

chosen

was

concentrate

pretend

conditions

the

houses

two

of members.

body

know

of

one

other,

changed, to

were

the

as

same

rapidly

of

the

nations,one

interests

same

the

was

as

people;

of election

mode

were

constitution
the

the

of

characteristics

of

of

branches.

two

and discretion.
degreeof intelligence
represent a superior
was

for

consequence

populace

all the

in

case

legislature
represents the

age

the

freer scope

constitutions

The

manner.

in the choice

manner

and
eligibility

if,as

for which

composed

were

federal

the

precipitation.By

end

branches

with

made

were

the

as

legislative
body

energetically
representedin

as

time

the

in

government,

give them

to

well

inclinations

passionsand

and

and

the

elected in the

and

of

judgment.

as
constitution,

in the states

alter the

to

representative
system, since

lengthof

the

opinionthat

tended
legislature

were
representatives

of their

of

were

but
only of authority,

not

source

Union

the

of the

consequences

legislative
body are
desires of their
slightest

the

by

the

years

of the

members

of

dependance

assignone

and two
representatives,

of

of
legislators

The

of the states

of

duty
stand
withmore

this kind

mistakes,
courage

for

in.

and

and

has
nanimity
mag-

164

the power
made

which

fullyin

most
participate

to

multitude,and
influence.

the most

emanates

it is

conducted

administration, and

majority.

The

resisted
In

of
legislators

the founders

by

the

the

states

is

who
magistrate,

the
from

said to exist.

be

and

members,

of

annul

The

federal

and

of the
all the responsibility
duration

of

the salaryof the individual


the

official

dependants,and

effort

every

constitution

the

remains

which

states

some

the

In others
:

certain
on

from

thus

cases

the

of

by
its

in

power
fixed

privileges
dividual.
single in-

fillsthat office cannot

be

is

he

protected by

years

altered

body

In

suspensive veto.

strong and

of

short,

independent position

the limits which

the

states

the

states

the

of

deprivesthem

which

to inaction

all the

vests

had

judicialpower

the

been

has
legislature

emoluments

of the

all external

to

itself

its immediate

ence.
influ-

only temporarilyappointed,

great portionof their

and

power
are

their freedom.

confounded
entirely

York, for instance,constitutes in

of New

superiorcourt

other

are

reserved

judges,a practice

and judicial
legislative
powers

the senate

the

judges

is that

legislative
authority:

necessarily
subjectsthese magistratesto
In

ing
revolv-

scarcely

can

four

independentof

the most

rightof regulatingthe

which

the

at

of all the

nevertheless, in all the


the

influence

no

temporary dignityby depriving

with

confer

ture,
legisla-

specialcommittees

to

agent and

with

him

of

it.

prescribedto
In

who

the

blind

terminate

presidencyis

armed
to

these

hands

derive

condemn

within
authority,

executive

the

upon

made

was

the

can

executive

his functions

of

during

term

He

the

level with

constitution

the

in

than

laws
his

can

of his

salary.

the

courageously

prerogativeswhich

the

him

The

is vested

power

can
legislature

of

of

Union.

functions,which

execution

intrustingthe
own

The

well-

despotism

invariablyand

were

the

speciesof

every

frequentlyyielded to

of its decisions.

the exercise

from

or

year,

the

to

realitynothing more

of his

duration

the

the states

executive

passive instrument

people,it is

to
prejudicial

once

apparentlyplaced upon

is in

who

but

monopolise

to

favourable

of the

the

of
preponderatingauthority

is at

which
propensities,

democratic

the

naturallyled

concentration

This

from
directly

of the state.

The

federal constitution,

hand, carefully
separates the judicialauthority
influences

and

it

providesfor

the

independence

165

of

the

and

judges,

that

[It

is

their

legislatures

his

of

provisions
Nor
for
be

is

the

the

term

the

remark

their

of

are

the

is

skilfully combined,

more

vigor

the

electoral

the

growth

legislators
of

the

Union

the
of

of

of

democracies

the

easily
the

that
than

that

is

government
its

states;

designs

durable

more

are

and

this

chapter

is threatened

of

subjection

in

ished
dimin-

may

remark

federal

into

put

are

not

stated

at

be

conducted

projects

measures

shall
"

not

systems

soon

the

of

shall,

shall

better
of

provides

"

Editor.']

will

that

its

substance

of

body

government
The

the

existence

complete

similar

and

salary

they

which

different

these

than

its

ished
dimin-

and

execution

with

consistency.

recapitulate

The
the

and

their

American

conduct

wisdom,

with

fraught

the

receive

nor

constitution

that

is,

incomparably

temperate

increased

that

declaring

by

observer

The

state.

In

shall

elected;"

federal

the

constitution

of

state

states.

office."

attentive

more

be

the

pleasure.

at

governor

been

compensation

altered,

that

"

"

more

the

in

Union

individual

more

of

have

that

judges,

salary

neither

shall

correct,

consequences
An

and

the

be

not

author,

the

that

other

in

continuance

perceived.

fair

exist

his

shall

he

the

by

of

provided,

services

their

practical

more

to

provision

during

any

which

of

supposed

which

strictly

The
for

business

it is

shall

salary

inalienable.

governor

for

believed

are

receive

The

of

York

independence

times,

their

their

be

as

compensation

altered."

be

New

services

during

correct,

deprive

can

constitution
for

shall

functions

universally

not

that

declaring

by

the

by

legislative body

concentration

the

in

of

all

few

words

"

viz

dangers,

two

the

to

the

caprices

powers

of

of
the

legislative authority.
these
the

by

evils

states

every

has

been

encouraged

but

it has

been

means

which

lay

resisted
within

by

the

by

the

their

policy

of

tors
legislacontrol.

166

CHARACTERISTICS
THE

UNITED

American

Confederations.

American

The

"

all

of this.

Reason

"

OTHER

Government

between

not

STITUTIONS.
CON-

Nevertheless

"

the Union

Federal, but

OF

FEDERAL

Confederations.

other

Distinctions

"

CONSTITUTION

ALL

FROM

resemble

to

appears

different.

are

FEDERAL

THE

AMERICA

OF

STATES

Union

Effects

DISTINGUISH

WHICH

its

all other

and

tional
imperfect na-

an

Government.

The
the

of America

States

United

do

only instance

of confederate

in modern

Europe, without

Provinces,either

have

or

the constitutions

of these
that

observe

federal government
the

by

American

States.

They

making

confer

Nevertheless

peopleshas

always
that

as

the excessive

the

been

constitution

recent

more

exercise

which
principles

they do

not

once

constitutions

federal

theory, which

may

science.
political
before
to
to

the

obey

American

the

themselves

of the

laws

be

may
which

considered

most

the

different

these

and

efficiency
in-

enterprising

perishedthrough
this weak

rightseven

of the United

of the

ment
governmore

tensive
ex-

present day.
contains

States

tain
cer-

importantinfluence,although

at

first

sightbe

constitution
a

as

of

which

1789, the

federal government

The

American

upon

great invention

risfbtof ordaining- and

of the Union.

confounded

preceded it, rests

In all the confederations

of
injunctions
the

of

; and

government

viding
pro-

strike the observer.

constitution,which

This
the

at

of

interests of

confederation

federal

of the

United

troops, and

common

possessionof

the

rightsof

is for its vigorous and

its government

of

the

for its weakness

remarkable

as

in
notwithstanding,
those

same

the

prised
sur-

awarded
privileges

the

and

studying

they invested

government

first American

weakness

than
But

federal

the

the United

is
politician

of

power

isted
ex-

antiquity.

In

government

raisingmoney

of the Union

spirit.Again, the

was,

of

war,

which

with the

central

the

upon

the

to

general exigenciesand

for the
nation.

nearlyidentical

have

of

confederations.

with

powers

constitution

and

peace

still are

first or

the

republicof

the

different countries,the

the

are

those

advertingto

empire,and

to

either

states, several of which

Switzerland, the Germanic


been

afford

not

had

but

enforcing
states

novel

in modern
been

allied states
:

with

formed

agreed

they reserved
the

which

execution
combined

167

in 1789
the

agreed that

laws, but

all the

American

of the

of the
the

if the

allied
and

ruled all the

arisen between

other

formed

it prescribed
found

were

lav/

the

resorted to inaction

under

of two

natives
alter-

preponderantof

the federal

name,*

to

recourse

wThich

one

the

suppliesat

measure

resistance

the

in its

states

before

had

ty,
authori-

the federal government

or

its natural supporters,anarchyhas

by

Union

the

has

lost all power

action.f
America

In

citizens
of

national

the

subjectsof

the

Massachusetts,but

former

confederate

Union

the

levies

government

tax,

inhabitant

each

upon

derived ; and

it is served

its

own

its own

and

army,

its

civil and

own

of

courts

the state

upon

All

communities,but

rules individuals ; its force is not

by

not

private

of Massachusetts.

presidedover

governments

states, but

not

are

of the Union

borrowed,

that

but

self-

militaryofficers,
by

justice. It

be doubted

cannot

that the

of the nation,the passionsof the multitude,and


spirit
of each
to diminish
provincial
state, tend singularly
prejudices

of
authority

In

restricted

America,

fewer

This

thus constituted,
and
authority

to its mandates

sovereigntyis

each

has

state

an

was

the law

; and

Prussia

assume

the

in

the

our
a

in

case

; in

Greece,

Low

own

great

time

in the

degree of

where

to facilitate the

in the federal system.

nor

can

to

such

execute

the

the

province of Holland
confederation, in which

Germanic

influence

the

of resistance,
and
opportunities

Philip undertook

Countries,

the

comparativeweakness

evil inherent

fewer

when

the

; but

temptationsto non-compliance ;

Amphictyons

the

federal

of resistance

means

of

ferent
dif-

quences.
conse-

its

if the

of
privileges

confederates,and

the

been

either the' most

the

abandoned

has been

of

assumed

momentous

circumstances

rightis

bodies,means

with, and

invariablyoccurred

peopleshas

at

these

the

powerful,it

was

In both

most

; and

those

state

plea of inability.Under

the

of

one

any

of

demanded

government

met
Union, its sovereign,

has

had

weak, it connived

; if it was

arms

to

its claims

evade

to

which

separate governments

onerous

was

exercise

the

only dictate

not

enactments.

own

produced the

federal

the

its

but

same,

confederations

Union,

hands

the

the

should

government

execute

this alteration

; and

In

it should

that

right is

the

cases

the federal

over

the

whole

design be
decree

of the

always
Austria

country, in the

name

gave

and
of

Diet.

t Such

has

perishedages

always
ago

been

the

situation

but for the mutual

of the

Swiss

jealousiesof

which
confederation,
its

neighbours.

would

have

168

put in execution

of the Union,

of the laws
of

course

and
justice,

step, which

decisive

claims
them

of

in the
with

federal

we

in

the

national

and

one

the

influence

same

other

same

Here

The
cause

to

have
this
same

found

no

has

of this

of

government
is neither
has been

either too

great remedy.

speciesof

new

brought

stagnant apathy

defects.

state

this novel
day designate

absence

been

which

out

farther progress

one

which

national

of

all unions

; and

dull to
The

the

to

discern,or

of

ciety
so-

fused

are

ests,
inter-

common

only confederate,with
the

case

central

power

it rules,and whom
limited circle

than,

federal government

thingswhich
:

form

of

made, and
invention

the

does

not

is
be

must

ment
govern-

exactlynational

eral
fed-

nor

word

new

yet exist

confederation

has been

civil war,

or
subjection,

peopleswhich

American

certain

more

the term

form

peoples

whom
a

munity
com-

confederate

Another

one.

several

in

though
al-

different
essentially

so

at least

as, but

manner

incomplete
been

is

it governs,

whom

those

styled an

will

powered
em-

multitude

of the

each of the

In this

concerns.

longer applicableto

which

it is

several nations form

regard to

distinct,
or

government.

; but

case

which,
authority,

upon

which

with

clearlyno
has

the

thingsthan

new

the members

over

federal

nation

same

regard to all their


acts directly
upon
national

always been

employ

to

supreme

acts

government,

althoughthey remain

it judges,in the

discovered, in which

is afterward
into

establish

all others, is denominated

from

that

remarked,

is not

easilyinvents

body, this government,

enforcing

enforcingall

constrained

thence

are

league,and

permanent

states

be

almost

When
improper and inadequate expressions.

as

of

ordinarygovernments,

of

means

understandingmore

human

it has not

the

in

as

furnished

demand.

words, and

new

has

government

to

The

out
word, with-

means

Such

power.

Union, in which,

American

the

has

governments

ratio of their nominal

exact

the

the

of

of federal

real weakness

the

ordinary

they multipliedthe

it may

this fact

with

in accordance

since

augmenting

without

nation

the

and

the

adopt.

of power,

than

of discord

elements

lation
vio-

open

of the Union
confederations,the privileges

In all former
more

of revolt ; in

hesitate to

men

an

of
interruption

direct

declaration

bold

without
entertained),

it be

(ifindeed

too

to

formed

these

the

leagues

to apply
pusillanimous

confederation

perished by

the

170

and
population,

merous

of

tranquilstate

more

societythan

in

great empires.
tyranny is established in the bosom

When

elsewhere, because

galling than

more

circle,
every

by

violent

it leaves the

details ; and

minute

meddle

belongs,to
Tastes

well

as

with

actions

as

ambition

slender,for

too

of

of
subjects
his

the

the state

oppressionby

Small

nations

more

was

of the

historyof
form

of

years,*and

this

had

the imprudence of

of them

shows

are

the grasp

the tyrant and

cradles of

the

political

lost their immunities

have

that the

freedom

led to

the

of

part

in the circumstances
advanced
will

with

always

be

instance

conclusion
own

my

lheyenjoyed

of the

with

who

which

confidence

exposed

is
is

of

for

that

part, I

limit the

being who

and
palpablerealities of life,

be

no

republicangovernment

attempting to

the

the future,on

character

cannot

nation

long series

such

but

to

judge
by

constantlytaken

by

familiar.
of

than
greater perils

of

censure

hourly deceived

he is most

of

state

and
possible,

that the existence

to far

great

the
prise
sur-

it

But

great

public
re-

that of

one.

All the

passionswhich

spread with
*

offers to

occurred, the

have

event

been

ever

affords

thingsis impracticable.For

small

ever,
how-

of small

state

fall within

of their inferior size than

the world

retainingthe

may

to

are

people.

The

most

and

effort.

fact that many

consequence

life.

pleasure;

rightsoccurs,

overthrow
difficulty

therefore

by extending their dominion,

it properly

privateindividuals

of

an

of

multitude

of domestic
its

It

entertain,

government

easilyto

such

simultaneous

narrow

which

natural

the

resources

without

can

have

the

and

:
liberty

the

should

and

of

is in truth the

sovereignpower

singlecitizen

and

weak,

too

are

invasion

temptationswhich

The

the affairs of the state

as

This

to

regulatedat

well

as

freedom

but seldom, and


communities.

in

arrangements

be

to

its decisions.

governedby

within

world
political

the

are

the families of the citizens


be

nation,it is

it cannot

exasperating interference

an

or

small

it acts

as

great designswhich

those

suppliesthe placeof

circle is subjectto its direct influence.

that

pointof

of

I do

not

republic.

an

are

most

fatal to

while
increasing
territory,

speak of

confederation

of small

republicaninstitutions
the virtues which

republics but

of

main-

great consolidated

171

tain their

dignitydo

of

augment in the

not

increases

citizens

the

with
strengthof parties,
in view
check

destructive

on

to

the

the

stronger in

not

republic. It might,indeed,be proved

small

it is less

powerful

less sincere.

and

The

lax

morality,a vulgar egotism,and

are

the

of states.

But

several

monarchy, and
monarchical
may

of
authority

nation

the

states

it does

the

but the

evils

these

of them

some

but

use,

of

the

depend

on,

againstthese
it is in

the

increase
resistance
since the

; and

one

in

both

remains

the

same

the

of the

in

may

rather

the

and
population,

majorityis constantlyaugmented.
that

the

by
the

of
intensity

the

importance

multitude

time.

Every

midst
he

of

would

of
one

individuals

which
who

has had occasion

the

the

may

therefore

nothing is more
than

vast

the

In

of

are

attack

petually
per-

been

of

power

diminish,

diversified

by

pact
com-

observed,moreover,

to

propose

attain,but by

by them

greater

than

it aims

only because

it is felt and

shared

at the same

his emotions

that

the
great republics

be

opposed

empires.

asserted
to the

as

those

in the
which

impetus of
at

millions of

by

renders

than

among

Nevertheless

the desire of power

ordinarymen,

gigantic
at

men

that
general proposition,

well-being and
it is

peculiaradvantages of great

which

largerepublic

be said to

animated

far

are

felt in solitude.

because

majority. This

time.

same

It

but

the
sesses
pos-

of forming a
difficulty

to remark

not
political
passion is irresistible,

purposes,

the

of
prosperity

people

they

are

sympathizingcrowd
have

; it

own

and

the
influence,

It has

In

not only
passionsis heightened,

human

of the end

is its

means

and
it

or

the

interests of the

and
propensities

the increase

while

number

interests,

republicangovernment

thus

of

community

evils lies in the support of

small

extent,

its existence.

support is not, however, proportionablygreater in


than

and

the

government

prince is proportionedto
only securitywhich

that
difficulty
of wealth

from

to maintain

strengthof

in

magnitude
to a
scarcelyprejudicial

are

contribute

not

is the surest

unwonted

arise
invariably

almost

they have

great confusion

; the

largethan

arrogance

of wretchedness, capital
cities of
dejection

bition
am-

state

ends

without

the

dangers which

the

weal, which

common

is
passions,

of

power

importanceof

the

devotion

that

; but

the

with

The

proportion.

same

of

man

important to acknowledge

states.

more

the freedom

For

intense

the love of

the

very

reason

in these communities

gloryis

also

more

prom-

172

in the

inent
of

hearts of

great people as

class of

reward

elevatingencouragement
that
human

those

be

cities which

that

added

national

make

to

its

reflected and

the

the

of

conceived

designsare

with

is unable

state

local

egotism of

talent,and

more

displayof

greater

completelydisengaged

more

the

precedentand

all the

this it may

entertains

government
is

To

small

in

ideas,and

demand

of

of

quate
ade-

an

where

centres

it is

spread

discover
of

an

why

the

combined.

government

great nations

routine

the

intellectual

general notions, and

of

number
from

which

in

learn

shall

important discoveries

most

power

would

we

states, we

the

are

geniusare

of human

rays

exertions,and

powerfullyto

more

small

their

of

If

man.

regard the applause

rapid and energeticcirculation

in the

great

to

than

improvement
cause

worthy

contribute

great nations

who
citizens,

prejudice
;
with

executed

more

boldness.
In time

generaland

more

the

acutelyfrom
from

danger

the

afflicted than

of
necessity

the

nations

small

and

happy

the

and

to

not
poverished,

because

do

strong.

conditions
Hence
wnall

of

the

it occurs,
nations

are

the

of

frequently

more

doubt

not

derived

all others.

that

mankind

of

from
but

none

be

great nations

of

the element

If

would

more

is

avoidable.
un-

physicalstrengthas

little to be affluent and

free,if it is perpetually

pillagedor subjugated;
of

extent

has

the

of the

its

commerce

Small

always

united

even

and

nations

are

existence

peculiarcircumstances
to

largeempires in

the

tage,
advan-

often

than

one

of its

gives the

they are

great

therefore

of the

small

seas

theyare

Physical strength is
that unless very

the

of

small, but because

less because

happiness and

the*number

are

empire of

globe.

they are

great empires prosper


are

empires

presence

is

more

prosperity.

be

markets

in all the

suffer

to

others,the argument

introduces

the

undoubtedly

of great

the

avert

predominatesover

case

nation

if another

they

those

free j but the existence

exposed

law

ages

is

apt

people, which

the

in many

as

of national

manufactures

they are
than

war

for

nations

the evil.

by

a
people but
profits

It

and

of

existed,I

more

condition

of

may

mass

consideration

This
a

calamities

in this matter,

But

but

complete;

more

ruined

small

well-beingof

frontiers

distant

whose

the

of peace

of
of

em-

weak;
because
the

first

nations.

intervene,
end, either

173

force

by

by

or

defend

federal system

The

different

derived

unacquainted with

am

its

from

of

of
diversity

he

combining
the

United

advantageswhich

the

the

they

is obligedto impart a
legislator

of districts;

takes

he

as

the

cognizanceof

no

generalprinciples
; and

only proceed upon

can

always suit

does not

laws, which

the

lation,
populationis obligedto conform to the exigenciesof the legisand
since the legislation
cannot
adapt itself to the exigencies

the

of

customs

and

which

population;

the

is the

of

national

the

administration

details of the

all the

are

which

which

are

in internal melioration.
is in immediate

state, which

apprizedof

the wants

by

the

This

of
spirit

It is

the

of the
the

which

confederate
P

of each

and

new

society
;

either

discussed

which

to excite

are

the

at

are
projects
town-meetings

transmitted

by

in America

have

and
to

befallen
of

sovereignty.

of
the

less

dangerouslove

that

the

the

existence

and

government
permanence

of

new

the

largeshare

states

of

instead of
great republics,

of

the

manence
per-

World

federal system
of

South

publics,
re-

of comfort.

in the New

attribute

the

interest of the citizens.

is

unusual

is

arise in
are

existence

erection
injudicious

the

central government

the

is daily
citizens,

republicanform

it is not

; and

communities,

the

less refined and

generallybelieved
upon

of the

alive in the American


constantly
compromising their tranquillity
; the ambition

yieldsto

depend

small

each

this

to
juxtaposition

the zeal and

melioration

without
power

The

of the state, and


legislature

to stimulate

press

which

year, which

proposed every

these

much

aggrandizement or
public authorityand privateenergy

self-defence,all

employed

In

the

to

desire of

the

agitatedby

never

of

cares

Union.

the

compose

ment,
govern-

reserved

It is impossible
to imagine how
legislatures.
provincial
contributes to the well-beingof
division of sovereignty
states

trouble

exist in confederations

disadvantagedoes not
the principal
measures
regulates

and

endless

of

cause

This

misery.

congress

or

either to

greater and

singleglance over

nations the

and

customs

the

from

adoption.

to
uniformity

specialcases,

result

and

intention of

the

with

suffices to discover

great centralized

character

which

nations ;

of

America

of

States

In

yet I

created

was

advantages

lesser extent

have

consent

own

deplorablespectaclethan that of a people unable


its independence.
to maintain
or

more

the

their

the

fortunes
mis-

America

to

divided

and

174

It is

true
incontestably

to

and

pay

honour

be

the United

of

into the
the

measures

these

the

readilythan

fitted them
especially
federal

the

of the

none

it to

the

As

its exercise

country

at

the

his

ing
defendtrict,
dis-

own

of

hope

causing

be favourable

may

which

zen
citi-

his little republic

to

to stir

wont

are

of the country and

the

of the inhabitants

manners

the

obstacles

of

lic,
great repub-

which

they might

all the American

of

states

ordinarydisadvantagesresultingfrom
Union

The

is

Its acts

state.

sovereigntyof

is limited

incompatiblewith liberty
;
desires of fame

and
there

no

and

for it does

which

power

is

similates
providesas-

important,but

are

Union

the

great

great republicin extent,

its government

which

great republics. As

have

they are

incomplete,
not

proved

centre

common

excite

to

so

the

capitalcities,colossal wealth, abjectpoverty, and


alike unknown
stead
revolutions
are
political
passion,in; and

country,
sudden

of

vast

spreadingover

the

strengthagainst the

every

the

confederation

men.

small

is not

insatiable

fatal to

its

nurtured

patriotism.In

motives

manners

provinces.Every

promote the welfare

paucityof objectsfor

the

those

these

of the

generalinterests

to

The

agglomerationsof

rare.

that of

speak,nothingmore

adopted which

system smoothed

encountered.

presents

but

of government

to

other hand, if the temper and

the

have

army
much

is,so

his attachment

are

the nation.

glory of
On

improvement

form

of
increasingprosperity

be

to

no

and

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appliedto

of American

the

defends

interests ; and

own

more

men

the Union

transfuses

has

wealth

citizens,
no

and
right of conducting its affairs,

of

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afterward

store

common

Union,

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to

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the state

engendered and

are

zeal
patriotic

of the

abstract

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layingdown

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republicanspirit,

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publicspirit

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canal

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more

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much

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it is this

of

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upon

different states, to be

in the

In

on, and where

carry

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republic. But

than

townships

be bestowed

cannot

customs

to

wars

no

can

and

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were

question,where
political

momentous

engenderedin

States

for instance, where

Connecticut
is

republican

provincialassemblies.

in the

road

of

in the United

government
and

that the love and the habits

land

like

interests

and

torrent

the

of

desolation,spends

individual

passionsof

state.

Nevertheless, all commodities

and

ideas circulate

throughout the

175

Union

Within

the

the

keys

of the

Union

is

as

federal

System

The

federal

System

the

Americans.

"

that

if

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of

they adopted

When
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lauded
of

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to

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the

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and

"

Dangers

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unacquainted,exercise
of society,
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ineffectual

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bears

him

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thousand

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bethe

Peril of

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Americans.

sing
exerci-

destinyof nations,his geniusis

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and

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himself
Like

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borne
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by

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the current, after

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tion
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opinions

originwith

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co-operation,

their source,
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Europeans

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tion
pointof fact,the geographicalposi-

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to

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Example

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Legislator.

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States

Natural

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IT.

common

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AND

of Discretion

Government

Americans

Normandy

Why.

"

of

ADOPT

efforts of the

Georgia, separated by

and

country which

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vessel which

glorious

as

in
succeeds, after perseveringefforts,
legislator

arose

The

seas.

PEOPLES,

TO

Exercise

Government

Why.

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daily

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by mankind,
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The

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ALL

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possesses

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ENABLED

knowledge

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with

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ADAPTED

It demands

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Confederations.

prevails,

miles of coast

it

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Anglo-Americans.
naturally united
Miles, more

no

; and

WERE

Sovereignty of

confederate

has

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weakness

federal

than

stronger,

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The

it.

as

thousand

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is

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inherent

earth

ANGLO-AMERICANS

THE

of

of the

SYSTEM

Every

Part

the

to

great nation.

FEDERAL

HOW

knowledge

or

itself of

avails

government

talents

of

and

people. Nothing

one

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some

commerce

happy

as

THE

by

globe,its flagis respectedin

strong

as

WHY

the

to

open

and

of

heart

powerfulnations

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have

frontiers of the Union

the

within

as

of all who

assistance

the

country inhabited

of enterprise.The
spirit

the

checks

in

freelyas

as

may

direct

change

the

its struc-

176

ture, nor

the

raise

lull the waters

winds, nor

which

swell

beneath

him.
I have
their

federal

; it remains

system

which

enjoyedby all nations.


originatein the
system which
of

the

which

but
legislator,

nations

of
imperfections

of the

nature

of them

each

to

combine

cannot

is

theory which

dailyexercise

of

Two

system

adopt it. These


to

support

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of

The

from

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; but

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plify
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sovereignties,
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considerable

cessarily
ne-

legislator
may

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or

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are
sovereignties

The

other.

action of these two

points.

skill

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by

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the

of all federal systems is the very

of

sphere

collision at certain
a

by

peopleswhich

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means

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the

not

are

their government.

in the presence
and

be corrected

may

farther evils inherent

are

prominent evil

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point out

to

me

incidental defects

The

find the

therefore

must

natural
The

there

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cannot

for

derive

its benefits
as
system practicable,

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render

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to

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shown

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upon
the

demands

part of

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on

those it governs.
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of

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people.

greater

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or
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a

act

at

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examining
other

on

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of

discretion

to

govern.

the

hand,
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The

legal fictions j

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heart
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name

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the

which

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ties,
par-

nation,

symbol, which

in view

governments which

The

than

and

they could
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are

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upon

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the strongest and


unquestionably

in the world.

perfectfederal

most

the best,but

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subsist.

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In

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it arises that

Hence

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understanding

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and

in the

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involved.

or

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invariablyadopt some
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of

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constitution

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government
the

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that

varietyof

it presupposes

is

ever

existed,one

information
in the

ideal

and

people whom

of the Union
an

States,which

of the United

nation

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is startled,

the excellence
it is meant

depends entirelyupon
which

only exists

in

178

the

is

relative weakness

principleupon
he may

legislator
may
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even

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always be

powerfulthan

less

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in the remarks

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It has

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Fiction

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territory

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The

then

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For

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would
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instance, the
lands

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not

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its courts

possesses

of certain
to

territories

those

particularstate, and
carried

lands

in the

Union,

the

ually;
individ-

the share
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to

of
joy.
en-

authority.
the federal

diction.
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importantlaw

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constitution

that

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state

lying within
alone

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do

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consequently should
on

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would

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justice.*

the

by

profit. Supposing

refers

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of

the

to

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real,if

refuse

defence,and

allows

central

be interested

to

them

common

aggrievedstate, representedby

Union, represented
by
"

in the

the

contest

holds

privatecase,

arise between

the

subdue

to

clash

feared that

should

authorityof

and
reality,

to

of the Union

If the courts
state

the

not

its injunctions

to

aggrievedat

vainlyattempt

give way

does

themselves

the institution of their state

would

tions.
confedera-

were

from
ready-preparedorganization

sovereigntywhich

in diminishing,

might be

who

were

By

government.

isolated individuals

as

state, it

unite
instinctively

would

they

them

the

semblance, and

government

conceive

by

manner

the

danger of

singleindividual

United

the

immediatelytransmits

If all the citizens of the state

obey.
time

of

cause

has

within

succeeded

natural

would

state

reader

of

if the federal law

But

of
prejudices

the interests and

all the

have

that it

its demands.

with

The

Union

national

and compels
citizens,

the

with

the American

that

but he

must
sovereignty

of the

power

force of

the states, but

to

to

the

the
counteracting,

remarked

been

apply itself
to

in

not

tible,
percep-

publiceye,

divided

government,

the

divided

displayedsingularingenuityin

of the Union
legislators

the

means

with

extent

the

the constitution

on

have

federal

limits of the

narrow

and

0"f

The

less
partition

entire supremacy.

made

restriction of

combining the

this

time from

an

Americans

the

States,that

it for

the Union.

is that

rest

render

existing
;

from

of

government

all confederations

which

sovereignty. The
cannot

of the

cupied
right of selling unoc-

should

boundaries, upon
not

belong

to

claim

the

the

plea

the

to dispose of them
purchasers from the

choose

of the

the

of Ohio

tion
jurisdicitself,
state

of

179

He

would

imaginethat
from

men

but

it is

possible,
by

the

between

unable

The

the affections and


The

states.

and

if the

his

few

the

right by

the

authorityof

become

the

of

of the

courts

the

laws

of

the

tribunals

title

set

up

lands
United

judiciaryact,
decision

remarks

the

States

time

same

and

arise

instances

review

depend

decision

by

the

of

simple

own

supreme

purchaser

competitor

the

and

Union.

confirmed

was

ordered

was

of

power

of Ohio

names

is

to

in

retain

adverse

of the

the

to

claim
of

and

constitution

of the

court

supreme

question of

The

constitution, treaties, and

court

state

words

very

imaginary.

the

upon

in the

the

by

adequate

of this page

text

in the

same

in

or

the

States, whose

United

total

of

by

the

laws

of

them,

there

or

the
the

is,so far,an

laws,

control

of the

ment,
govern-

supposed

circumstances

the

the

Union.

to

If

they

for it possesses

government,
the

laws.

the

execute

Indeed,
fact is, that

The

wanting.

not

of

physicalpower

of

those

as
are

people
to

the

government

democratic

large majorityof them, aggrieved at


culty
diffioperation of any law, the same

state

willingness of the
end

republicanor

Under

system.

state,

inefficacyof state

the

the

any

federal

of

form

of the

weakness

relative

the

upon

manner,

executing

on

to

citizens

of the

enforce

not

power

laws, must,

the

republics depend

will

; and

with the

in this note

must

its

from

federal

other

Ohio

author

put,

in the

not

if the
the

of

state

the

peculiar to

not

are

would

all

and

while

equally applicable to

are

by the author, of all

such

by

subjectto
in the

Union,
and

the

being,which

is final.

The
of

of the

is factitious,
that

The

parent.

legal fiction

the

case

those

be

the Union

its existence

Union,

Union,

of

in the

under

the

this

[The difficulty
supposed
to

case

troops,but

creation,the latter is coeval

derives

purchasers from

possession by
the

abstract

an

external

sovereigntyof

is natural, and

would

title

is

Union

the

in

in the bosom

peopleare

the

they were

of

and

money

of

causes

the federal element

possessedof

is of recent

The

like
influence,

what

is

of
prejudices

but

former

the states

But

the

with

itself.

Ohio, and

collision

that

ed
doubt-

objects; the sovereigntyof the


hourlyperceptible,
easilyunderstood, constantlyactive ;

is

people
'

Union

affirmed

be

even

preponderance of

sovereigntyof

is connected
states

it may

should

be

they rendered

when
legislators,

But
the

to ensure

of this kind.

it may

; and

less probable,
destroyed the
sovereignties

two

misfortune.

who

to prevent
legal fictions,
of gratifying
their
means

to them

left open

been

the American

whether

the aid of

employingthose

and

have

passionswhich

such

out
finding

of the world

partial
knowledge

have

no

people.

Not

be administered
only in theory, but in fact,a republican government
must
by
And
laws.
the
people themselves.
and
hence,
execute
They,
they alone, must
first principlein such
all others
that on which
depend, and without
governments,

the
the
which

no

other

and

under

who

claims

law

in his

constitution
his

all
a

exist,is

can

and

It

dispensing power

for

own

case,

of his

is

country,

and
fellow-citizens,
enacted

acquisitionsare

than

worse

has

; upon

but

the

himself, by
a

the

to

usurper,
the

which

for he

them,

strength

of which

that

social

all times
He

compact.

of the

operation
suspends
only tramples under foot

not

will

he

pledge,

community.

at

the

he

reciprocal pledge

from

the rest of the

existing laws

of the

vital condition

is the

violates

received

protectedby

be, obedience

must

circumstances.

"

his

which
abide

own

American

he

by

has

the

the

given
laws

to

stitutionally
con-

personal rights and


Editor.']

180

only affects

the nation

controls

; it

when

system, their

confederate
as

the

between

federal

federal compact

the

communities

and

without

succeed
the

to

influence

formed

we

not
can-

native

with

country

to

their

of

the presence
laws.
have

been

circumstances

togetherby

served

have

certain

not
can-

added

intellectual

the

as

able,
agree-

system

peopleswhich

the

of inducements

dependance
that

that

in

certain number

favorable

held

institutions

exists

there

light; and

the

it results

Hence

common

All the

in the

dissuade

such

encourage

lastingunless

render

co-exist

only to

not

leaguedtogether,a

good

dangerous collisions

of peace.

which
interests,

common

such

be,

the government

confederation

of

of

be

which

task of

the

warfare, but

are

union

to

object must

cannot

which

of
prejudices

is interwoven

love of one's

the

maintenance

the

which

power

which
sovereignties

two

first

from

states

promote

may

in all circumstances

it is connected,

to obviate

unable

are
legislators

occur

as

and

the

heart.

instinctive to the human


Since

that renders

circumstance

every

authorityof

hour

it

feelingof

customs, the

with which

of
superiority

the

doubt

citizen at every

traditions,the

the

familiar attachment

local and

society
;

protects his property, his freedom, and his life; and

recollect

we

ill-defined ; but the

individual

every

interests of

country, and claims

remote

and

is vague

patriotismwhich
states

but

immense

represents an

of the chief

few

"ver
ber
num-

ties of

association.
the

But

sentiments

consideration

as

well

of civilization is not
than

as

the

of
principles

his immediate

less necessary

uniformityof

Switzerland

In

and

the difference which


is

and

the canton

of

and

the

nineteenth

centuries ; and,

has

never

possessed a

would

cantons

soon

be

Vaud

One

of the

of
durability

onlysubsists
perceivedif
circumstances

the map;

attempt
laws

same

which

only similar interests,a

but that

they are

of

canton

same

union

made
whole

between

discrepances

by

central

territory.

powerfullycontribute
that

origin,and

common

also arrived at the

it.

the fifteenth

their

and

were

to the
most

The

support the federal government in America, is


not

tion,
confedera-

properlyspeaking,Switzerland

upon

an

uniformity

compose

the

that between

equal to

which

exists between

federal government.

authorityto prescribethe

certain

interests in the states

Uri

these two

interest. A
to the

be taken into

must

man

the states
common

stage of civilization

to

have

tongue,
;

which

181

almost

renders

always

union

small

European nation, how

I do

feasible.
it may

soever

not

know

be, which

does

in itsdifferent provincesthan
less uniformity

from

distance

The

at about

Maine

which

form

that the

adoption and

people is
the

the

of

energy

of the

of

breaking out

of its very

existence.

only carry
their

on

great war

and

accord

own

betray an

led to augment

have

not

succeeded

almost

War

therefore

inherent
The

with

mankind.

in this

to

from

the

ners
man-

system

palpable and

the

that

are

which

peace

more

the

of their

in

have

government.

in

will

men

state,is

the

have

to

been

consequently
Those

despotism by
I have

is that of

only deficient

more

which

alternative

of the weakness

alarming; and

can

subjugated. A long

the wretched
to

interior

and
of

fence
de-

good

nation

peopleswhich

been

tain
enter-

in the

great number

All

the

men

numerous

serious warfare

of

the

government,

exigenciesof

symptoms

federal system is not

annals

people struggles

the

defect of federal governments

I." Q

by defeat, or

most

the

prosperity
; but

attempt have

ruin

renders

war

fondness

of

cost

suppose

the power

but
administration,
Vol.

skill of

always places nations

abandoned

most

the

long and

been

being

increase

againstforeignnations,in

its internal

comply

sustain

In

the natural

at

to

ignoranceof

obligedto

war

Britany,

to

federal

mark

can

suffice to maintain

to favour

painfulsacrifices ;
of

of the

war.

The

and

community,

and
district,

singleman

for their country, may


of

and

it is to this circumstance

; and

which

important occurrence

most

sense

ducements
real in-

attributable.

mainly
The

great

more

Normandy

derived
legislators

maintenance

the

of

country contributed

inhabitants

the

possessionof

than

the

American

the
of

customs

the civilization

bridge.

of
geographicalposition

and

with

confederation

facilitieswhich

Europe..

Georgia is reckoned

extremities
opposite

the

natural

the

only separated by

are

The
the

placedat

are

consequentlyin
to

half of

one

ple,
peo-

than the difference


Georgia is slighter
Normandy and those of Britany. Maine

of

Georgia,which

empire,are

sent
pre-

the American

difference between

the

not

that of

and

habits

the

between

miles ; but

as

to that of

of Maine

the' state

thousand

one

of

and

extensive

as
occupiesa territory

which

of any

of
shown

being

every kind

the central government

of

success.

ment
governthat the

weak.

of centralized

itself is imperfectly

182

organized,which
governed by

the central

the

constitution confers upon

militia to execute

the laws

repelinvasions ;"

and

march

to

interests

whose
command.

conferred

the

upon
the

to

in
president

person

commanded

army

troops which

relative

received

be

back
The

to the

that

nation

congress

had,

were

and

Union, which

the

laws,

of

absurd

and

the

had

joinan
cious
perniand

governors

in
justice

both

states

to raise elsewhere

great

that

to

say

man

the

who

was

far

the

the

have

given still more

of enthusiastic

state

idol of the

the

at

resources

constantlyon
than by
more

best devised
the
its

verge
own

all

at

its

of

relates

I had

gone

strikinginstances.
; but

; the
at

tion
revolu-

that

disposal. Troops

projectsfailed

in the

destruction,was

strength.

which
If

excitement

people

immense

the
industry,

constitution.

present

dissolution

an

example

an

all the

emption
probable ex-

of

centre

selected

I have

The

with

field for human

of

was

truth, no

perpetually wanting.

of its enemies

in

lies in its

war,

in the

Placed

boundless

time

Union,

against the

possesses

confederation,I might
at

was

supples
weakness

quently
conse-

except the
to

only of

not

American

the

calamity.

represented by

was

its

offers

of the

days

whole

that

ordered

These

constrained

was

Commentaries, vol. i.,p. 244.


posterior to the promulgation

time

period

the sanction

produced by

continent, which

Kent's

neither invasion

was

they were

case

also of the courts

perfectionof
from

in-

or

it required*

would

which

of insurrection

during war,

individual.

another

only safeguardwhich

The

the

federal

the

officer of the Union

militia,even

federal government

the

obey

to

authorizes

cases

clause)no

in this

and

bodies, but
legislative

to

the

the

by

doctrines

and

refused

war,

states

Massachusetts,

the officers ; and

naming

understood

command

right to

of

that

states

(as they
any

the

the constitution

that

In the

constitution which
They added, that the same
Union
the rightof calling
forth the militia,
reserved

insurrection.

nor

of
president

militia.

and

in the present instance, there

that

vasion, but

forth
calling

"

and
insurrections,

of the

Connecticut

call forth the militia in

to

trate
illus-

the militia of the northern

impaired by

were

They argued

government

rightof

article declares that the

another

frontiers ; but

the

to

will

example

of the Union, suppress

presidentordered

of 1812, the

war

the

congress

is the commander-in-chief

States

the United

An

real

more

reader.

to the

case

government possesses

is still extremelysensible.

force,this evil

The

inferiority

opposed to other countries which are themselves


singleauthority.In the federal constitution of the

States,by which

United

of

cause

nation is

the

when

influential

an
invariably

is

very
and

execution,

saved

by

the

183

is almost

Union

the

girt by

were

Mexico

of

Gulf

has

union

for

But

arise.

long

will

poverty,

the

to

of
from

country
of

powers

morals,

Mexico

of

state

to

the

its extreme

and

among

tions.
na-

distant

too

are

the

expected

ranking high

Europe, they

tire,
re-

To

of

be

day

the

to

soldiers.

uncivilized

its

shuts

which

with,

empire

one

the

The

Canada

met

the

may

come,

depravity

that

prevent

for

As

hostilities

itants,
inhab-

territory,and

thousand

with

of contact

while

the

community,

Mexican

point

be

of

nations.

From

to

six

million

its

of

are

if its frontiers

as

inimical

of winter.

tribes

serious

that

it is thence

and

extension

retreat, before

only

into two

months

savage

their

perishing in
south, the

few

the

six

the

ports during

its

up

world

the

contains

divided

limits

climate

the

rio-or of

from

Canada

ocean.

population is

its

and

insulated

much

as

be

to

formidable.*

great advantage

The

in

constitution

federal

in

but

of the United

States

which

them

position,which

geographical

allows

does
to

not, then, consist

renders

great

on

carry

such

wars,

enterprises

improbable.
No

be

can

one

of

advantages
combinations
the

I envy
it ; but

or

the

should

divide

the

by

that

its

name.

and

equal

an

that

such

But

man

happy
the

act, abdicate

very

be

sovereignty into

its

has

no

and

to

knowledge

other
be

I hold

to

be

the

of

to

of freedom.

0.

seek

the

in my

and

the

New

that

in

which

people

presence

opinion,

its existence

perhaps

himself;

tain
main-

strength

in the

powers,

position of

than

Appendix

man.

adopt

to

could

of similar

Europe, would,
and

of

enabled

peoples

nation

of

one

freedom

been

fractional

free, it suffices

"

the

centralized.

admirable

enemy

appreciate

have

its power,

is the

to

prosperityand

with

should

government

myself

confederate

any

contest

am

which

which

great military'monarchies

of

be

believe

I cannot

the

to

nations

those

than

system,

favourable

lot of

which

that

federal

the

most

long

inclined

more

and

World,

in order

to

giftsof prosperity

186

X.

CHAPTER

PARTIES

Division

Great

Nations.

Parties.

They

"

extinct,

Difficultyof creating

"

"

so

are

largethat

be

to

the

be made

; and

In this

different

if

civil war

But
which

by

when

as

whole

which

At

evils
its

as

the government

the times
these
which

periodsa
to

and

the

nation

conceive

may

the

This
course

the existence

rival

peoples

societyseems

any

more

for instance, as

is to be

; but

be

the

tinctions
conducted, then dis-

they

have

not

are

all

at

propensities.

same

oppressed by

other

times

and

the

of great

of confusion
to

rest,and

is,indeed, only apparent;

for nations

subjects

such

able
insupportin

lies still

mischief

societyitselfis endangered. Such

of

epochs of misery and

pause

by

total change
a
designof effecting

of great revolutions

human

parties;and

mere
on

more

be styledparties. Parties
correctly

may

constitution;at
political

deeper,and

of opposition.

opinionsupon

country alike, such

character

same

certain

same

people may

as

carried

different

evil in free governments

necessary

the

perpetualstate

than

struggleis

citizens entertain

the

affect the

the

distinct nations

out, the

arise which

times

be in

have

them

factions in the state.

principles
upon

tion.
Inten-

gle
Strug-

"

countries

of
subjects

the

the different fractions of the

case

breaks

rather than

inhabit

populationswhich

thence

they may

considered

properlybe

this

with

in all Parties.

with

parties.Some

between

interests,
althoughthey are
contradictory
government

is done

What

"

met

great

Federalists.

of the

Defeat

Parties.

had

has

America

"

"

rival

as

small

great and

against the Bank.

Jackson

division must

great

States.

Character

other

each

to

are

Republicans.

"

United

in the

democratic

which
between

Characteristics.

Their

"

Parties

"

Difference

"

Federalists.

"

Parties

and

Aristocratic

of General

them.

produce
are

STATES.

UNITED

Parties.

called.

properlyso

which

Epochs

"

THE

between

made

be

to

Parties

"

IN

than

for

men

parties. But

there

are

to

for time

does

they are

between

periodsduring

mankind

are

make

not

all

pause.

stop

its

advancing

187

toward

goal with

imagine them

be

to

; as

who

nations

slow

so

are

condition

firmlybased

its researches

beyond

of small

especialcases

certain

are

social

horizon

the

imagine their

men

the

of

which

chief part in

pretext of

human

concealed

from

to

stylegreat

consequences
not

to

extend

not

These

the

are

which

those

are

These

passions,

the very

person

than

conduct

open

to

usually

generous

the

always plays
under

the

sometimes

be

even

may

not

partiesare

veiled
studiously
it

cling

general,and

to

men.

and

public good ;
of

ent
pres-

intrigue.

ideas,and

the eyes

of

mind, believing

it descries.

is more
political
passions,
the

the

politicalconstitution

and

them, private interest,which

In

others.

ing
stand-

at which

epochs

by a nobler character, by more


distinguished
bold and
more
genuine convictions,and a more
the

servation
ob-

our

be

to

certain foundations, does

upon

than

; to

only

we

escapes

seem

pace

insensible,that

so

partiesand

more
principles

to

the

political
partieswhich

The

foot

final state ; and

itself to be

times

be, there

and

be

to

their progress

and

run.

place in

take

unacquainted;

goingat

are

this may

however

changes that

they are
when
stationary

who

men

stillto those
But

which

it excites

whom

and

impels.
Minor

partiesare,

faith.
political

As

the

on

they are

their actions.

with

They glow

is vehement, but

their conduct

they employ

as

it arises that

are

wretched

when

leaders

the

of

of the human

by great parties,
by
former, by the
it

by

sustained

not

dignified
by

or

their

they ostensibly
displaythe egotism of

purpose,

powers

hand, generallydeficient in

other

the

of

state

to

minor

latter it is

they aim.

at which

thingssucceeds

Hence

violent

Societyis

lie concealed.

ones

means

olution,
rev-

suddenlyto disappear,and

societyseem
mind

end

language

The

irresolute.

and

in

character

factitious zeal ; their

is timid
as

calm

lofty

it is

degraded ;

agitated;
and

convulsed

it is torn

if these

by

sometimes
it to

those invariably
disturb
salutaryperturbation,

the

the

save

no

good

end.

America
the

has

nation ;

alreadylost

and

suffered

moralityhas
was
were

if her

to be

by

the

happiness
their

terminated, and
laid

great partieswhich

down,

the

is

considerably increased, her

extinction.
the

was

the

When

foundations

nation

divided

once

of the

divided

of

war

new

dependence
in-

ment
govern-

between

two

188

opinions

opinionswhich

two

"

be

to
perpetually

are

which

names

have

other

Both

elsewhere.

extend

these

two

constitution,
or
traditionary

in order

ensure

were

equalityand

of

they sufficed

and

party which

The

Union,

took
liberty,

reckoned

on

called forth
was

the

by

considerable.

very

people with

of

dread

this transient

profit
by
twelve

years

at the head

they were

apply some, though


current
was
becoming
In

stemmed.

1801

the influence
the greatness

The
were

means

were

of

his

by

which

or

the

the

resources

utter

cause

but

who

men

cracy,
demo-

had

too

favoured

had

For

the

An

ten

of

able

maintained
:

had

hostile

the

and

his

or

checked

be

to

extent

temporary

to that

fail to

they were

violent

they

by

impressed the

president
;

that

they
been

influence

their moral

immense

were

defeat.

other

to the

principles
; for

the federalists had

republicansattained
by

The

minority;

party by the weight

talents,and

the

as

of

and
affairs,

day

the

cess
suc-

deavoured
people,en-

multitude.

named

was

by

the constitution

moreover,

the

their

to

quently,
conse-

the federalists did not

talents of their leaders

overwhelmed

the

of
republicans got possession

of their

and their
artificial,

virtues
When

the

day

Jefferson

Thomas

from

society,

is the land

great

of

all,of

not

of

in the struggle,

federal.

was,

dispositionof

to

or

in

independence,and

anarchy,and

destroy

affected

of

ruin of the confederation

The

circumstances.

of

name

cause

to

them,

concerned

power

all the

Their

agreed

passions.

always

were

of

of

attached
exclusively

more

side almost
war

had

to
especially

its

that

high order,such

republican. America

federalists

their

neither

the

more

it derived

that of

the

and

violent

of the

power

in fact

were

one

frequently
displayed

private interests

limit

to

affected to be

party,which
of

kindle

desired

whence

In

independence,were

to

the

"

the structure

of
principles

apply its doctrines

to

of the'

of

moral

of

overthrow

all the

assumed

neither of them

triumph.

own

great number

defeat ; but

by

or

love

to

its

it has

which

and

communities

Americans

and

to

forms

opinions never

the

points;

world, and

the
indefinitely,

which

partiesof

essential

the most

upon

in free

to

the

as

all the

under

in America

violence

of

degree

old

as

obtained

conflict of

The

people.

with

met

ever

tendingto limit,the

are

ernment
govhe

creased
in-

celebrity,

of his popularity.

their
it

was

position
by

the

risen to power.

loftystation,their opponents
immense

majoritydeclared

189

itself againstthe
in

small

so

absolute
that

The

Many

Union

bad, they had

under

occurred

place sooner

the

considerable

of

of their

certain

which

to

seem

present
do

of

course

not

rest

Thus,

upon

the

of commercial

recent

south
which

an

was

and
prohibition,
the

district ;
agricultural

In the absence

of

support

combated.
fact

the federal

ment
lastingmonu-

with

be found

one,

the

north
and
was

is

took
a

that

which

are

aced
men-

ests.
inter-

vast

so

than

in

system
favour

manufacturing,and
the

restrictive

to the
prejudicial

United

States

publicopinion is divided

an

parties.

for the
arms

the

or

temporal

rather

up

none

is

Union

provinces of
contended

south

there

the

upon

rival nations
north

in the United

government,

which

in the

great parties,the

lesser controversies ; and

public
re-

point of

; but

but
principles,

occasion, the

to the
profitable

taken

new

to

; and

met

of

form

partiesby

abstract

of free trade, simply because

Union

the

present

said to constitute

be

empire, may

have

they had

Parties,indeed, may

interests disseminated

These

that which

the

in

were

system,

afterward

opponents

not, then, to be

society.The

upon

theories

gave

present day, is

of
tranquillity

contest

propensities

therefore

which

of

their wisdom.

patriotismand

future

formation

and

were
principles

the

States at the present time.


the

govern

government

of their

subsists at

the

their

and
stability,

their

of

opinion,one

the inevitable

must

doctrines

very

political
partiesare

threaten

rallyingpoint

in my

whether

Jefferson

creed
political

constitution,which

Great

in the

joinedthe

one

as
being inapplicable,

their

But

the

number

in the

But

country.

auspices of

acquire a

to

rapid growth

imbodied

isolated

its

was,

they professed to

later.

or

time

and

accompanied

they resisted

the defect of

societywhich

the

acquired

alreadyelapsed since they ceased

incidents which

of their

and

age

or

party

federalists,
perceiving

abandoned

of the federalists to power

great American

good

future

democratic

divisions,of which

have

years

fortunate

most

of their

The

resource,

other

the

their

party.

accession

of the
the

and
republicans,

as

without
two

themselves

conquest, until it has

country.

vanquished

name.

exist

to

in the

despaired of

once

republicanor

to

conquest

nation, fell into

of the

its

and

from

were

victorious

the

moment

supremacy

they

midst

the

that

proceeded

has

to

minority,that they at

From

success.

the federalists found

retiring
party, and

the

system

other.
abound

into

with

thousand

190

pains which

The

is

everything,and

is

none

public misery to

no

with

his

native

own

therefore,in
United

calculatingupon

those

and

with

amalgamated
or

association,and which
and

to

it : he

he

in the

men

are

ejecta

ed
placeis covet-

world
political

lies,

order

imprimatur

of

trine
doc-

some

of

purposes

by

around,

this

bringforward

to

the

just as

discover

to

suit the

may

collected

be

may

the

interest,and

own

contrives

then

adopts in

its popularity:

secure

his

that

ground

interests which

principlewhich

some

industry*

it is difficult to

begins by discriminatinghis

States

field to

the

aspirantin
creatingparties. A political

art of

the

since
parties,

skill of the actors

The

others.

by

the people

surprising
undertakings

most

mere

no

because
agitation,

wide

so

because

Nevertheless,ambitious

the

authorityupon

from

person

of

States there

there
authority; lastly,

of

means

resources.

creation

in the

interested

as

serve

its

contest

can

United

the

jealousyof rank,

accomplishthe

is able to

man

no

inconceivable,and

religionis respected,and

all

the country opens

physical positionof
that

is

there

predominant;

In

task.

easy

little moment.

very

partiesare

create

animosity,because
religious

no

sect

is

to

no

questionsof

upon

taken

are

present day it is

the

at

is

of difference

shades

minute

new

his party
a

king was

which
it authorized,
days incorporatedwith the volume
these
which
it nowise
preliminariesare
belonged. When

in former
but

to

terminated,the
All

be

to

to

at

in

good earnest,

stranger

loss whether

But

them.
which

controversies

domestic

the

to

envy

when

he

greater part of them


other

of

those

communities.

limit,and
not

assert

American

more

more

deeper
do

we

we

to

the ostensible

partiesis

to

easilybe

detected

he

trifles

arrant

enables

it to discuss

propensities

secret

easilyperceivesthat

have

with

always

one

or

existed

in

the
the
free

penetrate into the workings of these


the

objectof

the

one

is to

extend, the popular authority. I do


end,

or

even

that

the

secret

aim,

of

or
democracy
promote the rule of aristocracy

in the country, but I affirm that


may

such

less connected

perceivethat

that of the other


that

or

divisions which

two

The

the
parties,

are

America,

the

he is

that
puerile,

so

takes

study

to

comes

first appear

at

happinesswhich

that

of

world.
political

Americans

the

pity a people wThich

to
or

of

incomprehensibleand

so

the factions

govern

into the

party is ushered

new

aristocratic

at the bottom

or

democratic

of all parties,
and

passions

that,although

191

theyescape
the very
To

soul of every

quote
the

bank,

informed
the

faction in the United

example

recent

country

excited

was

rational

it must

opinion upon

difficultiesto the most


establishment

startled to meet
the
so

permanent
it

to

its

authority.In

is led to

many

great

the people,
is
pleases,

the midst of

is irritated

it,in order

attack

like
controlled,

and

be shaken

can

so

is

it

the community
society,

and
institution,

an

bank

whatsoever

unmake

and

fluctuation of

offers

The

round

people had

independentexistence,and

this obstacle

with

perpetual

whether

make

the

questionwhich

enjoysan

to

that

imagined

the

; the well-

people

common

experiencedstatesmen.

which

accustomed

formed

partieswere

be

not

point and

presidentattacked

bank, the

the

main

States.

the

when

and

classes rallied round

president.But

formed

the

observation,they are
superficial

all the other

to

by
see

tions
institu-

of the country.

Secret

THE

OF

REMAINS

ARISTOCRATIC

PARTY

Opposition of wealthy Individuals


Pleasures

for exclusive

taste

affected

Their

Condescension

It sometimes
that
prevail,
them

success,

own

several

and
principle,
peace

the

and

The

opposition.

Their

"

Their

"

which

retirement.

The

nation

vanquished

seems

unanimity
to

to

the

to
assumes

"

opinions

be

the

country.

despairof

silence

and
a

credit of
But

alarmingdissensions

of

resources

governed by
the

of

one

cles,
all obsta-

citizens

in

Their

Simplicity Abroad."

partiesis lost,and

their dissatisfaction

cloak

STATES.

various

appropriatesall

prevailingparty

unanimityis merely a

UNITED

preponderance, overpowers

purposes.

they conceal

THE

Democracy.

people among

of the

irresistible

general apathy.
restored

to

Luxury at Home.
the People.

its opponents, and

its

and

in

happens

an

harasses

for

toward

the balance

obtains

societyto

and

IN

in

single
having

this apparent
and

perpetual

192

This

is

societyhave

affairs
political

direction of

than
the

of

means

the

their fellow-citizens.

in

assumed

its

has

this state

careful not
not

even

They
and

public;

state, which
to

in

The

is rather

they

to hear

rank

which

pleasures. They

irremediable

an

galledby

are

laud the

them

its continuance

of
delights

flatter them.

unassuming ;

his demeanor
with

luxury,and

of

the

dark

accost

state

before
But

who

and

in which

at once

His

but

interior of his

the

few

to

chosen

the

converse

; the

they have

an

two

dress is

as

plain,

dwellingglitters
he

haughtily

penetrate into this sanctuary. No


in his
his

of

centre

If he

most

anxious

as

guests whom

or
pleasures,

the

crosses

where
traffic,
his cobbler

meets

jealous

more

privilegedstation

individual

same

very

pleases.

confers

cityto

every

one

reach
may

the way,

upon

citizens discuss the affairs of the

and they shake


equal interest,

this artificial enthusiasm, and

beneath

wealthy
the

his wealth.

when

hands

they part.
to

to

conceal

exclusive

in
counting-house

they stop

is

allowed

more

the

But

him

opulent citizen,who

advantages which

smallest

him.

upon

is

noble

but

none

styleshis equals,are
European

to

ages

mit
sub-

republican

to

of the middle

the

; it is

inclined

Jew

be

evil,but they are

in

instance,that

the

cannot

privatesocietyin

its own

and

enjoymentsin

they are

for

ot

classes of

institutions
advantages of democratic
are
public. Next to hating their enemies, men

Mark,

the

stacle
ob-

an

the

and

government,

the

wealthy members

all their

constitute

things as

uncommon

it.

they occupy

tastes

that

show

to

of

States,that wealth, far

of power,

concentrate

they

own

of

the customs

vain, againstthe poorest

their homes, where

privacyof

and

the

to contend,
lists,
throughunwillingness

contend

to
frequently

and

exercise

attainingto

abandon

community

in the United

the

a rightto
conferring

from

of
possession

caprices. At the present day


from
removed
societyare so entirely

affluent classes of

more

laws

the

the democratic

to its

adapted

been

time

that

from

and
affairs,

of

when

America;

hand, it took exclusive

party got the upper


conduct

in

occurred

what
precisely

the

of

democratic
the

it is easy to

preponderatingpower,

members

community

entertain

institutions of their country.

objectof
of

the

these

the

their

scorn

and

democracy

ever

tentions
obsequiousat-

perceivethat
a

hearty distaste

The

of their fears.

brings

the

about

populace
If the
a

is

administratio
mal-

revolu-

194

CHAPTER

OF

LIBERTY

THE

XI.

PRESS

IN

UNITED

THE

Particular
which
reasons
some
Liberty of the Press.
sequence
ConLiberty. The Liberty of the Press a necessary
Violent
in America.
Sovereignty of the People as it is understood
Propensities of the periodiperiodicalPress in the United States.
cal

of restraining the
Difficulty
have

Nations

of the

Language
Press.

Repression

"

of the

The

of the

opinionsalone,but
modifies

of the

customs

it extends

to

shall attempt to determine

the

of the press has

upon

and

to

well

as

exercised

the

of
feelings

which

tone

In

it has

effects

the

than

Americans

degreeof
civil

affect

producedby

and

it

part of this work

societyin
it has

at

given to
the

the

the United

liberty
States,

ideas, as

the

character

the

and

present I purpose
of the
liberty

the

"

political

men,

influence which

imparted to

the

upon

in France.

opinionsof

another

Anglo-Americans,but

the

to examine

all the

direction which

the

point out

the

by judicialProsecutions.

Press

the press does not

laws.

as

Opinion of

"

of the

powerful in America

libertyof

well

as

States.

Liberty

is less

the Press

influence

United

the

by

Abuse

for which

Reasons

"

"

the

Illustrated

"

"

this

cherish

to

of

STATES.

simply

press in the

world.
political
I confess
to the

that I do
of
liberty

in their very

good

of it

approve
from

one

the

between
of the
to

public

restore

intention
the

use

was

to

of

wont

to

of the

thingsthat
excite

an

opinion,I should

the

abuses

discover

that of

may

; and

tenable

the entire

tion,
posi-

subjection

perhaps be inclined

this

of unlicensed

orderlylanguage,you
a

supremely

in the mind

intermediate,and yet

is to
difficulty

correct

are

advantagesit ensures.

completeindependenceand
the

ment
complete attach-

recollection of the evils it prevents,than

pointout

try the offender by


which

are

expressionof

adopt it; but

your

from

more

can

the press, which

nature

consideration

If any

entertain that firm and

not

position.If

it is

and
printing,

in the

to

first instance

jury; but if the jury acquitshim, the opinion


becomes
the opinionof the
a singleindividual

195

Too

country at large.
been

; if you

done

before

it

would

have

not

and

multitude

still been

have

rely,like

the

not

of

their mechanical

number

of

minded

man,

which

assembly,have

more

village. The

well

as

as

the

of
liberty

efforts ; but if your

they

have

from

the

without

of

the

if free

as

the press,

case

the

feet of

have

only guarantee of
possess.

If the

the

You

and
liberty

the

merely
their

rulers of these nations

of the press, the

be

be

liberty,
been

led

subjection,
or

which

repose.

I have

professto enjoy
of

the
whom

ment
governhe oppresses

justice.In

guarantee,

proposed

of

ing
for cherish-

which
security

people would

term

shelter

agent
of

in

destroyed
of

of

extreme

courts

thousand

have

impunity,since those

before

listening

abuses

which

individual

the

strong-

allowed

peculiarreasons

countries

of

necessary

despot.
the

reckoned

public place,

general motives

the

press is not

their

of

any

for
singletenable position

prosecute him
the

number

therefore

repress

the

of

speaking was

independence to

independentlyof

libertyof

to

the

thought

smallness

words

press ; this is the

violate the laws with

cannot

the

contrary,the

passionsof

discourse must

For in certain
justpointedout.
of freedom,
the privileges
every
may

the

speak freelyin

certain nations which

are

the

end

of

be

the vociferations

objectwas
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It

not

question

is

democracy
that

the

oppresses

simple

wealth,

the

evident

without

of

farther

to

annoys

of

of
each

govern

whether

part

one

another

expression

tendency

solution

easy
fit

most

democracy

aristocracy
to

their

change

general

it,

that

remarked

been

has

sometimes

the

defiance

in

beget,

can

doubt.
It

to

knowledge

true

of

the

When

the

struggle

controversy.

of

the

aristocracy
But

country.

part.

side

the

community,
the

question

between

dispute

it

is

and
is

tain
cer-

that

reduced

poverty
becomes

or

and

perfectly

204

CHAPTER

POLITICAL

Daily
of

which

use

the

than
a

elsewhere.

be looked

may

different

the world

which

has the

the agency

under

number

vast

he is

when

be traced

his

of others

is

States

and

themselves
If

of the

stoppage

occurs

executive

he

to

tained
main-

and

punish

resist the

to

evils

authoritywith

only claims

its assistance

it.

This

habit

misdemeanors

even

may

the children

they have
which

spiritpervadesevery

same

in

his earliest infancy

the social

rules which

and
thoroughfare,

power,

this extemporaneous

which

remedies

recurringto

the

selves
them-

they
act

the

have

of social

circulation

an

an

association

of
regularity

is formed

assembly givesrise

inconvenience,before

authoritysuperiorto

immediatelyconcerned.

persons

the

; and

thoughtof

concerned,
and

tions
associa-

public is hindered,the neighboursimmediatelyconstitute

has
the

to

The

body

of

townships,

formed

where
rising
generation,

to submit

defined.

deliberative
an

are

taught from

to shift without

wont

established,and

life.

anxiety,and

in the schools of the


are

of

names

exertions,in order

own

quiteunable

in their
games

multitude

the permanent
the

been

privateindividuals.

of

rely upon

of mistrust

eye

States

Associations

association

of
principle

and the difficulties of life ; he looks upon


an

ited
unlim-

United

Utilityof

necessary.

Beside

by law

citizen of the United


to

the

of 1831

the

Why

in

dangerous

kinds

representative

Convention

unsparinglyappliedto

more

established

are

and counties,a
cities,

The

as

upon

in America.

than
objects,

by

is less

Three

"

the

apply
"

used, or
successfully

more

Americans

People.

country in

no

Right of Association.

the

Manner

STATES.

Great
Dangers resultingto the State.
of this Convention.
Legislative Character

it

Why

democratic

In

"

of the

make

what

UNITED

THE

Right of Association

of the

Exercise

In

"

Tariff.

the

to

IN

Anglo-Americans

Associations.

to

relative

in

ASSOCIATIONS

Association.
political

System

XII.

to

anybody
of

that

If the
to

the entertainment.

public pleasuresare
providefor the splendour
Societies

are

formed

to

205

resistenemies

which

the vice of
established

to

have

I shall hereafter
the

upon

the
recognised,

association consists

which

very

analogousto

thus

formed

in its
each

cause

degreein

When

seeingeach

its influence

and

other

opinionsare

which

written

the press.

urges

is allowed

with

and

exact

acquaintedwith

number.

An

ciation
asso-

tendencyto diverge,

establish centres

one

of meeting.
of

tion
ac-

is increased,
country, its activity

Men

opinion

vigorouslytoward

to

the

of execution

maintained

an

more

is

societies

but

association is the power

extended.

; means

ment
engage-

fare
compromisestheir wel-

have

them

ber
num-

these views

When
a

those doctrines

writing;

by their

which

importantpointsin

at certain

which

in the

spread of

unlicensed

rightof

the

association

an

and

doctrines ; and

the other hand, become

they,on

singlechannel, and
singleend which it pointsout.
second

different ways.

public assent

its partisans,
and

one

The

myself for the present


rightof association is

the

promote the

unites the efforts of minds


in

the

their zeal is increased

other, and

will,seconded

confine

it necessarily
assumes
society,

human

it in several

than
authority

It numbers

explicitform.

industry,
morality,

with
right of associating

more

are

the effects of association

once

of
liberty

the

representedby

I must

employ

to

The

possess

States associations

the

to show

certain

they contract

ish
to dimin-

individuals,
despairsof attaining.

simplyin

give to

their exertions.

which

occasion

citizens may

of individuals

by

of

and
society,
world.
When
political

to the

An

end

no

of

course

nature, and

publicorder, commerce,

promote

the collective exertions

by

moral

in the United

intemperance :

religion
; for there is

and

is

of
exclusively

are

are

have
more

degree of

the

opportunityot

combined
readily
and

warmth

energy

approach.

language cannot

there
association,
rightof political
toral
of an
opinionmay unite in elecpartisans

Lastly,in the exercise of the


is

third

degree:

bodies,and

assembly.

This

delegatesto represent them in a central


of the repis,properlyspeaking,the application
resentative
choose

system
Thus,

are

to

party.

in the firstinstance,a

the
professing
of

the

same

is formed
society

opinion,and

the

tie which

individuals

between

keeps

it

togetheris

purelyintellectual nature : in the second case, small assemblies


which
formed
only represent a fraction of the party. Lastly,

in the third case,


Vol.

I." S

they constitute
19

separate nation in the midst of

206

the

within

nation,a government

like the

delegatesof

real

rightof making

the

those

in

which

which

being,and

people which

freedom,

; but

afterward

they may

If,in
of

are

laws

which

or

is

the

of

be

to

belong

to

minority,which
deliberating

before

up

that

chosen
the

not

attacking

hand

those

adopted.
the

to

exercise

passions,a
political

itself to the

confines

of

power

violent

to

the

they have

imperfectlyaccustomed

exposed

entire collective

degree of

the

drawing

delegates,

certain

that

they have

cause

is

which

It is true

people.

the

representativesof

they enjoy a

influence

dignityand great

Their

majority,
represent

the

force of their party ; and


national

the government.

contemplationof

to the legislative
laws, be placedin juxtaposition
majority,

future
I cannot

in that

but believe
nation.

provingthat
that

the

There
law

one

former

imaginationof
which

is

each

that

the

latter.

the

consideration

almost

it will

of

be

power

content

to

restrained

be

difference,

immediate

established,

the

authorityas

long be

the

It sometimes

majority. If,in

moral

always

nature

enforce

to

much

as

that it will

of the

not

this

proving
But

nearlyequal parties,

two

another

directing
power,

that

or

direct,but

another, and

for

into

affects to represent the

be believed

acting;

than

to be substituted

is divided

nation

exercises
to

difference between

wide

very

is in itself better

ought

to
contiguity

is not

the

of which

which

is doubtless

great risks

very

populace is very apt to overlook


apparent in the minds of thinkingmen.

so

happens

incurs
publictranquillity

that

speak without
the

by

which
associations,

are

but not

to suggest
opinions,

former, it

to

abstract
meant

to

make

the

laws.
The

more

we

consider
the

consequences,

and,

so

world.

nation

which

rightin demanding
But

the

time

nation

to

part of its self-control


in order to maintain
In America

the

and

; and

its

own

of
liberty

remain

in the modern

free,is therefore

of this

independence.

association
political

more

certain
it may

to

the press.

dangerous

The
than

limits without
sometimes

cipal
prin-

that it is the chief,

of freedom

exercise

of
liberty

the

it within

confine

element

libertyof

the press in its

convinced

we

unrestrained

less necessary

may

are

is determined

the

unrestrained

assimilated
entirely
same

more

independence of

constitutive

speak, the

to

the

be

one

the

be

cannot

is at

the
A

other.

forfeiting
any
obliged to

do

so

authority.
association for

political
purposes

is

un-

207

bounded.

An
this

extent

The

subjectof debate

for

The

long time
which

In
a

means

in order

to

the

the

formed

were

had

earned

alone, which

the

convention,met

hundred
a

the

discussed

convention

American

broke

existingtariff was
of

the
all

It must

be

association

fatal consequences
The

not

to

not

the end

rightof

of ten

than

they

at

clauses

two
once

of
of

gress,
con-

the

days' deliberation
address

was

to

and
tariff,

to
prejudicial

of the American

the unrestrained

the

people

the

that

the

terests
in-

in particular.

libertyof political

United

States,those

might perhaps be expected from


was

of

name

free trade

association

sent

"

rightof making

that

lina
Caro-

powers

different

the

the

more

of the

extent

hither% produced, in
which

of

public, and

unconstitutional

prohibitionof

of

some

cause,

taken

had

it consisted

were

the

named.

and

same

October, 1831, this assembly,

it is declared

which

the

having publishedan

acknowledged that

has

in

few

enthusiasm

it with

known,

celebrity.South

of

custom,

At

the

delegateswere

arms

; the

after

nations, and

printing

of

power

well

free trade, and

had

congress

II. That

1st

debates

up,

the

adopted

up

fitted

most

were

in

were

Philadelphia
;

in turn.

people,in

I. That

the

character
legislative

theories of

tariff,
were

the

took

of the

proposalcirculated

degree

American

Its

members.

assumed

the

at

which

means

by

virulence,

to Philadelphia
delegates

send

This

individuals

afterward

which, accordingto

all the enemies

all sides, and

delegates. On

-three
sixty

mosities
anipolitical

the

proposed to
the

considerable

of

source

that

Insomuch,

the utmost

tariff

the

on

these

powerful interests

very

ragingwith

Orleans

of

opponents

able
favour-

union.

of trade.

New

only a

not

was

this system.

to
publicprints,

to

majorityof

them

an

great portionof its prosperity,

the sole

was

togetherupon

Maine

meetings
The

of the

several

upon

disputewas

the freedom

from

what

it exercised

opinion,but

of Massachusetts

consult

promote

press

tariff

tariff

the

to
sufferings,

agitatedthe

1831, when

tariff,
by

days

of

attributed

north

the

privatecitizen

to

lightto

festation
trade,produced a great mani-

America

matter

all its

south

the
a

as

of free

influence
prejudicial

of the states.

and

or
tariff,

the

party feelingin

of

in the clearest

is tolerated.
privilege

questionof

or

will show

example

it elsewhere.

importedfrom England, and

209

it has

always
is now
privilege
the

people.
a

States,as

which

soon

as

them

from

of

customs

the

is become

majority.

preponderant,

minorityto

authorityof
it.

over

stillmore
The

the

Thus,

formidable

which

is used

the

to

remind

may

of

power

to

There

community

of what

are

ineers
dom-

obviate

to

to

me

the

be

sure
dangerous mea-

advantageous

more

I said before

in

of the nobles

of

great people

be

may

the

are

arbitrary

which
associations,

substitute

oppressedby

opulent

more

countries

In

power.

the

and

natural

temporary

speaking of

associations

exist,if privateindividuals

do not

proposition

constituted.
democratically

are

in themselves

abuses

present such

advance

to

againstthe
imagine no permanent protection
a

used

countries in which

no

body

are

artificial and

an

to

to

about

am

those which

the

upon

associations

create

which

prevent the despotismof faction,or

than
prince,

checks

as

physicalpower

it,seems
I

here

In aristocratic nations,the
of the

the

that
republics,

the reader

municipalfreedom.
needed,

basis,and of opposing the

own

majorityappears

repress

prejudicial.And

which

of

means

danger.

the American

perilsto

obstacles

the

surmount

dangerousexpedientis

omnipotence of

extreme

their

to

they requiresome

power,

moral

and

of

this

of
distinguished
partisans

unable

questionare

upon

those

of

association

party has become

themselves
establishing

act

and

manners

of
liberty

the most

disposal. As

exclude

part

exercise

public authoritypasses under its control ; its privatesupporters


the
all
the
all
force
of
and
have
istration
adminthe
places,
occupy

the other side of the

more

that the

guarantee againstthe tyranny

at their

than

the

present time, the

the

necessary

all the

So

with

amalgamated

At

In the United

in America.

existed

for

are

in Avhich
unable
I

them,

to
can

gallingtyranny ;

most

small

faction,or by

with impunity.
singleindividual,
The

meeting of
of all
is

measure,

which

is

members

restrain the

forward
This

alarm.

at which

of the

may

become
frequently

serious occurrence,

looked

never

1831,

convention, (forthere
great political

kinds),which

always a

country, without
of

was

which
subjects
the

to

the

very
of

ventions
con-

necessary

in America,

even

by

the exertions

assembly tended

probable,in fact,that

to

are

and

one

of

judiciousfriends

the

in the convention
perceptible
all the most
distinguished

mo^rate its language,and

it treated

within

convention

of

certain

1831

limits.

exercised

to

It is
very

210

within
who

of the law

the bounds

it,as

compose

citizens who

their numerical

show

act

the

upon

majority;

of the

States

in the United

legal in
strictly

the

difference

The

second

in their

hope

never

that

to

their

defend

its objectis,not

of

sort

win

association

opinionare

unrestrained
of the

many

only to

European
the

look upon

Americans
there

dients.
expe-

and

are

selves
our-

numerous

that they
majority,
time

can

they think

struggleand

to

to

the individuals

opposed

to those

of the

all other

and

the end.

association,
are
majority,

partieshope

The

great partiesfrom

first notion

individual,when

the

rightof

sibility
impos-

differences of

association may

The

evil consequences.

of
liberty

the

acquiringthe majority.

States, in which

nations in the

which
it has

as

main
re-

inexperienceof

leads
enjoymentof liberty,

association

to

exercise of the

dangerous in proportionto

well

an

lawful

assert

fight.In America,

The

to

they

but to

government.
as

by

in themselves

its power;

without

and
intentions,

and

at the same

differences of hue, the

mere

posing
dis-

an

country like the United

the

and

ing
draw-

of this kind forms

becomes

excludes

which

the

to

fitted

afterward

their

success

Europe

in
principles

to their own

stimulate
most

are

thority
au-

party

much

impediment to

it over

rightof

conquer,

opinionsvery

hold

who

When

to

at

In

causes.

acquire its support,

cause.

the moral

of

they employ

exists between

sufficiently
strong

they are

the firstplace,

Political associations

name.

peaceablein

diametrically
opposed

partiesso

right of

America, the

place,to

side,and

own

which

several

success.

theyalways entertain hopes of

their

means

which

depends on

In

arguments which

therefore

are

the

the

diminish

to

so

perfecttruth, that they only aim

with

In

for

power

supreme

in

those

their opponents to

over

no

discover

to

which

States.

and
strength,

of

only means,

in

manner

the United

majority; and,

and
competition,

the

as

to the persons

in order,in
minorityassociate,

the

form

of the

to

in

is understood

association

never

the

is not

Such, however,

to

but

means,

suggest themselves

may

them

rightof attackingthe

presents itself

acquireda

to

party, as

consciousness

of

strength,is that of violence : the notion of persuasion


and is only derived from experience. The
arises at a later period,
differ most
which
essentially
English,who are divided into parties

its

own

other, rarelyabuse

from

each

have

long been

accustomed

to

the

rightof association,because

exercise it.

In

they

France, the passion

211

for

the welfare

to

himself
But

intense that there is

is so

war

the

majorityis

the

universal

represent that portionof the community which


associations
at

not

of the

influence

own

there

Europe
the

conviction

Violence

few

are

Thus

it

is,in

democracy obviates
associations

speak for
of the

itself.

The

with

the

of

these

aim
rather

In America, where

which

means

than

to

which

They
and

the

end

and

bodies

centralize

they intrust

human

democratic

laws, that
that

treme
ex-

government.
the

degree,as

some

people,which

of

is unable

to

minority

Europe employ, are

they propose

is to

differs from
the

assumes

of oppressed

cause

theyonly represent

associations
which

the

measures.

they petition.

persuade,they are

which
organization
and

the

their force

and
license,

themselves, in

councils of

nation, they argue

of

of

abuses

dangers of

consider

executive

and
legislative

the

creased,
in-

much

legalizetheir

labyrinthof

corrects

the moral

they represent it.

augment

in defence

the vast

sent
repre-

instead

law

affect to represent

not

that

to

less to

no

do

believe

not

be excusable

to

which

pretensiontends

sometimes
liberty

Europe,

do

the

enfeebled.

much

very

they did

is very

attack

nation

the

as

this is,indeed, a

change

they

The

voted.

of this is,that

associations

contributes

right.
extreme

is

which

this

or

seem

may

which

power

or
majority,

amazingly, and

In

they would

consequence

government

their

and

The

reform.

well

; for if

their existence

pretendto

can

not

majority:

the

is

States

suffrageexists,

has

as

aware,

represent

inseparable from

its
soliciting

This

do

are

preponderatingpower,

the

In

formed

are

large,that they

condition

of

which

gate
tend to miti-

United

in the

neither party

doubtful, because

never

jurious
in-

so

consider

not

which

causes

in which

countries

suffrage. In

universal

the

association
political

of

excesses

does

man

or

the risk of his life.

powerfulof

the most

perhaps

state, that

of the

defending it,at

in

honoured

undertakingso mad,

no

habits

act, and

to

obtain.

not

the

to

ordinarycustoms
the

and

the direction of their

maxims

resources

the power

of the whole

party

of these

associations

replyto

adopt

much

to

cordance
ac-

cipal
prinfight

form

of

of civil bodies,
of

as

the

debate, to

to

naturallyled

As

in

militarylife.
as

possible,

very small

ber
num-

of leaders.
The
soldiers

members
on

duty : they professthe

say rather, that

in

doctrine

unitingtogetherthey

at

of
once

watchword,

like

passiveobedience
abjurethe

exer-

212

cise

of

their

which
the

they

attack.

who

in

who

submits

given

have

can

to

Americans

The

which

ment

body

of

obliged
his
that

reason

will

the
the
to

also

each

community,
follow
his

and
for

the

the

forms

the

free

will

benefit

of

but

common

cesses,
ex-

excited

always
The

with

certain

man

servility,
their

to

forms

associations,
of

the

civil

formally

the

track.

same

is

opinions,

association

toward

these

by

and

control,

citizen.

is

individual
of

free

which

government

oppressed.

fellows

his

their

the

members

the

established

to

from
of

the

trol,
con-

insupportable

more

which

his

even

as

applied

borrowed

of

rank

have

are

independence

and

tyrannical

diminished

much

obey

the

far

by

and

to

activity,

often

interest

powerful

consents

claim

no

is

oppressors

cases

his

force

the

between

struggle

lose

they

is

and

society

over

moral

Their

and

by

possessed

authority

will

free

exercise,

societies

these

than

and

judgment

own

every

these

govern-

are

administration.

recognised

points,
end,

same

No

but

of

but

one

abjures

one

exerts

undertaking.

it

as

The

that

the

dency
ten-

in

does

they
the

variably
in-

are

exercise

reason

the

not

of
and

213

CHAPTER

GOVERNMENT

well

am

subject;
of

use

OF

different

which
parties

with

most

the

In
the

some

we

divide my

at

are

permanent

loss how

America

; there

the

is

swayed by

its

and

afford the most

than

to

to

own

favourable
no

people can

irresistible

either

no

do

not

what

to

we

feelingsof

the

opinion

my

free

because

know

refer to the
not

In

United

to

the

inquirybe
is

impulse,toward

more

state

but
republican,

it has

of

which

racy
democ-

consequently
ter.
charac-

interesting
vitally

blindlydriven
a

in

case

is natural,

opportunityof studyingits real


this

bute
attri-

passions

America,

States

and

Europe

obstacle,and

any

avenge.

the

in

what

propensities
; its course

nation,which

despoticor

character

true

Such, however, is

to
injuries

unrestrained

French

the

dailyand
prove

its

is
activity

And

judge the

to

peoplereignswithout

perilsto dread, and

no

the

of democracy,
propensities

they bring into collision.

which

to make

about

am

country, I shall speak

themselves, and
principles

the

to

point,with

one

exist,and
conflicting
principles

two

attend this part of my

perfectopenness.

Europe

more

AMERICA.

IN

DEMOCRACY

although every expressionwhich


clash, upon

may

THE

of the difficulties which

aware

but

Xm.

onward

by

thingswhich
will

may

assuredlybe

democratic.

SUFFRAGE.

UNIVERSAL

have

in all the

alreadyobserved
states

that universal

of the Union

it

suffragehas

consequentlyoccurs

been

adopted

among

dif-

214

ferent
of

which
populations

society. I

have

had

and
localities,
to

each

of

life j in Louisiana

other

by

very different

occupy

their

well

as

either

are

assignedto

remarked

widely from

OF

THE

that

AND

Affairs.
of

what

For

from

to

who

the

worthy

are

people

Envy

not

most

are

is unable

of the
to

to believe

one

of the

no

coincide

means

United

States I

among

the

the

been

talented
head

with

who

these

so

for

in the United

of affairs ; and

the result,in

of

Head

lower

Orders

timent.
Senpurely democratic
clude
frequentlyse-

without

are

great advantagesof

the welfare

the

it must

proportionas

of the

who

persons

admit

are

I made

so

much

are

that

state, and

animated
the

by
preme
su-

in America
arrival in the

talent
distinguished

the heads

fact,that
States

my

to

that it is

fit to wield

most

versal
uni-

public affairs
They

opinions. On
find

saying it,or

but they aver


itself,

little among

well-authenticated
men

that the observations

to
surprised

and
subjects,

It is
most

was

THE

in America

public confidence.

govern

authority.I confess
by

French, but

the

at

prevails in the

it intrusts the direction of

good wishes, and

same

to it

OF

rarely placed

are

which

apt

always sincerely
disposedto promote
that it instinctively
designatesthose
the

its effects

PREFERENCES

distinguishedMen

it,that
believing

suffrageis,that
men

that

quences
conse-

public Affairs.

people in Europe

say without

evil

usuallyattributed

Individuals

Peculiarity.The
the

Europe, and

are

"

Reason

themselves

Many

talented

most

of this

all the

far from

DEMOCRACY.

against the higher Classes,is

France
"

the

States

Reasons

"

is
suffrage

or

INSTINCTIVE

AMERICAN

la the United

England, in Georgia and

good

it in

those which

PEOPLE,

are

universal

all the

in different

nearlystrangers
and their manner
religion,

in New

as

America

CHOICE

who

men

language,their

producing in

very

of

races

among

I have

differ

the scale

of observingits effects
opportunities

in Canada.

which

in
positions

at

the

very

of the

ment.
govern-

present day the

rarelyplaced at

acknowledged that such has


democracy has outsteppedall its
be

215

former

limits.

dwindled

The

remarkably in the

most

Several

causes

of
intelligence

profusionof
can

of time

space
The

instructed

be

never

is

is to say,

that

It is therefore
citizens

should
all be

citizens

the

country

be

than

the

multitude

of

vulgar have
the

time

the best

which

this kind

the

it often assents

secret

always
of

means

and

of

of

the

to the

in which

they

looked

be

upon

the welfare

of

of
their

classes

personal interest
less

or

impossible

the end, which


attaining

they

patientobservation,joined to
form

requiredto
; and

an

The

stimulatingits tastes

of
;

inquirywhich
of
prosecution

features

of

mountebank,

while

its truest

that
leads
mis-

neither

hastilyformed

prominent

clamour

supposed

people has

are

just estimate

it be

can

succeedingin

more

all the

that the lower

essential to the

are

character.

mass

more

strained
con-

sistence,
physicalsub-

that the

of

is

This

people is

state

admitted

; its conclusions

of
superficial
inspection

Hence

as

labour

in which

difficulties may

singleindividual

able
consider-

popular

state

considerations

it is

but

the power

means

of

its

be allowed

even

swayed by
;

mind

human

restricted in

of

means

imagine a

penetrationof geniusitself?
the

nor

the

it retains

as

different notions, is

of

the

readilybe

sincerity.Long

of the character
the

be

to discern

desire with

long as

as

two

very

it may

more,

higher orders

for them

more

disposedto promote
sincerely

are

less apt to

are

long

these

It may

the

improvement.

countries,and

well-informed,

very

may
be

may

devotinga

intellectual

procure

difficult to

wealthy ;

nay

some

to

as

quiteas

correlative.

as

in

in order

work

Whatever

without
of subsisting
possibility

exist somewhere

others ; but it must


to

without

educated

boundary of

remote

more

level.

raise the

objects.

lesser

the necessary

boundary

should

and

It is impossible,

exertions,to

cheap science,the

of

and

those

to

greater or the

therefore

phenomenon.

certain

evidently

fifty
years.

acquiringinformation, whatever

methods

easy

this

strenuous

people above

the

facilities of

the

course

most

has

statesmen

of the last

assignedto

be

may

the
notwithstanding

be

American

of

race

who

the

vestigation
in-

an

from

question.
knows

friends

quently
fre-

fail in their exertions.

Moreover,
of

judgment

the

which

its confidence,but
find

them

democracy

out.

is not

is necessary
it has

It cannot

only deficient
to

select

neither the
be denied

desire
that

men

nor

in that soundness

reallydeservingof
the

democratic

inclination

to

institutions

216

have

strong tendency

very

human

heart ; not
of

means

those

disappointthe
perpetually

Democratic

institutions awaken

they

eludes the
hold

to

it

of the

grasp

fast,and

the

by

of success,

chance

and

success,

transcends

their

and
desires,

It has

lower

the direction of

in any

an

United

superiorclasses
authority.It

very

it is

no

of

does

not

such

been

most

This

Kent, who

are

best

"

their

leads

the

possiblefrom

as

ever,
This, how-

I allude is not
institutions in

them

dread

any

inherent

general;

from
of

risen without

as

says, in

the

the

indeed

exercise

of

its

approbation

popular support.
the

people

to

its rulers,these individuals


in which

to

been

advance

very

speaking with

which

the

talents,
distinguished

political
career,

opinionhas

hate

favourablyinclined

it awards

and

disposedto

very

independence,or

It is
judges:
fitted to dischargethe
the

to

legitimateit

France.

is not

it is not

them

of that part of the constitution


nominate

obstacle

an

of democracy induce
propensities

retain their

of ill-

highercause.

people

have

less apt to retire from

Chancellor

exhaustion

the

much

which

citizens
distinguished

themselves.

are

heightened by peculiar political

originto

entertain

as

unknown,

which
instinct,

in democratic

society;but

the natural

impossibleto
by

its

is the

sight.

superiorsas

States,the

sparinglyto

rejectthe
are

in their

rarelycaptivatedby

While

orders

be

to

excludes
them, and it carefully

toward

but

have

owes

to be

however
superiority,

propensityto

; the

error

;"
flight

agitated
by its uncertainty
; and

pursuitto

that the secret

nation, but
particular

the

lower

is peculiarto
publicaffairs,

circumstances, it
In

of

their

althoughit may

and

The

appears

irksome

remove

eternal

acrimony of disappointment. Whatever

kind

supposed

orders to

is

no

is not

been

of

limits

own

there is

be, which

may

the

lastlyto

with

it thinks

advantage,which

an

irritated

they are

the enthusiasm

from

they pass

when

moment

says,

them.

complete equality

remote
sufficiently

enjoyed.

employ

passionfor equality

"

pursuitof

it is not

to be

near
sufficiently

or

people at the very

in the

excited

the

one

every

who

persons
foster

flies,"as Pascal

"

preciousbecause

more

and

to

in the

because
as
fellow-citizens,

entirelysatisfy.This

never

can

peopleis

the

they afford

because

level of any of his

the

risingto

means

which

much

so

of envy
promote the feeling

to

empowers

without

candidlyset

grading
deforth

great eulogium
the

probable that

duties of this

it is almost

executive
the

men

high office would

to

who
have

218

short oblivion.

Great

names

then

may

be drawn

from

the

of

urn

election.

an

I have

already observed

present day
affairs

are

of

heightwhich

and

But

yoke
nation
the

to

ment,
generalexcite-

forestall the wants

them

for support, and

magnitude

are

rare

of affairs that

ordinarycourse

sometimes

influence

an

This

permanent.

as

checks

the

manners

act

and
democracy,the intelligence
exercise

was

new

roused

this

cumstances,
cir-

the

be formed.

must

passing occurrences
of

were

of this

events

of

off the

throw

ready to

were

head

America

to usher

required. In

of the
inspection

an

judgement

more

about

was

the

of

When

country.

people clung to

the

at its head.

it is from

If

independenceto
it

the

at

consequence

of

men
distinguished

community,

placed them

our

the

their great efforts

the most

and

much

as

stood

of its inhabitants
world, the spirits

the

of the

high cause

who

those

of

statesmen

of

country, and when

another

into

the

is

laws

of the

as

strugglingin

This

ago.

American

the

inferior to

very

fifty
years

that

which

less

is not

of

the

munity
com-

far

powerful,and

extremely perceptiblein

is

the passions

upon

the

United

States.
In New

founders.
to

Where
enable

the lower

all those

to it without

The

as

constitution

of

is less
and
religion,

of

talents and

the

and

more

more

Lastly,when
the
an

England

at

introduced

nought
among

consequentlymakes

elsewhere.

south, to those

where

less

bility
sta-

retain fixed habits,

to

birth have

modern

more

virtues of

the

struction
in-

of morality,
of
principles

happilycombined,
those who

in which

less strong, where

and
the

states

perceive that

we

in

authoritybecome

southwestern

states,in which

are

rare.

we

arrive at the

societydates

agglomerationof
persons

the

genera],and

constitution of

at the

in New

toward

the

and

than it does

are
liberty,

and

degree of

their

respect intellectual superiority,

to

wealth

societyis

sufficient

complaint,althoughthey set

democracy

descend

we

of
religious
principles

and

acquired a

accustomed

are

the liberties of the communities

certain maxims

it to hold

choice
judicious
But

moral

the

which
privileges

mankind.

and

societyhas

orders

to submit

more

education

engendered by

were

and

the

England

who

adventurers
are

invested

new

but
and
with

from

yesterday,and

we
speculators,

are

public authority,and

presents
amazed
we

are

219

led to ask

to

direct it,the state

who

men

of the

protected,and societybe

be

can

and
legislation

made

flourish.
There

certain laws

are

of

nevertheless,to correct, in
of

the

force,independentof

what

by

On

democracy.
The

its walls.

whose

names

in trade,

men
village-lawyers,

society. In

classes of

general,it is said
know
At

how

in it who

does
is

senate

wise

of

of
representatives

of

composed

is the

then

space

the

do not

people

door

of the

ways
al-

senate,

largeproportionof the

brated
cele-

individual

is to be

active and

illustrious career:

an

of note, whose

perceived

language

remarkable

most

would

bates
parliamentaryde-

other

is the

Why

of this strange contrast, and

cause

able citizens to be

found

former

and
intelligence

the

suffrage
; and
that

no

people;

reason

which

house

of
of the

the

citizens

then, does

senate
names

constitution converts

by

indirect
name

them

is elected
the

by

are

not

of

by

to

into
legislatures
of the

aristocratic

ca,
assert, in Ameri-

people.

arise 1

From

The

for it

only

is,that

whole

The

many

the

electoral

senators

suffrage
; for
or

universal

the

and
populacedirectly,

The

senate.

universal

so

of

assemblies

by

state, and

each

in the

than

these

account

the

the

vulgarityand

chosen

heard

elected bodies.

of
legislature

these

are

are

enjoy a monopoly

interests of the

elected

of
application

them

of

Both

adequatelyto

me

the members

return

to

seems

difference
a
startling

so

to

appears

which

both

is hostile to the

representativesis

that

latter

its

for

remarkable

voice has hitherto been

the senate

cause,

the

why

assembly rather

one

judgement 1

of sound

from

emanate

in

body

its poverty of talent,while

which

the

is very

eloquentadvocates, distinguished
generals,

to

most

an

education

Europe.

What

what

individuals,

mostly
belonging to the

this spot is the

from

statesmen

honour

do

celebrity

they are

persons

Scarcelyan

and
magistrates,

all times

even

recall the idea of

not

mind

country in which

small

or

of

man

all obscure

the

to

bly.
assem-

correctly.

of America.

men

at

write

to

contains within

which

the

that the

yards'distance

few

associations

no

of that great

almost

are

tendencies

ington,
at Washrepresentatives

discover

not

Its members

present

of

contribute,

dangerous

vulgar demeanour

the

by

the

house

which

nature

measure,

frequentlydoes

eye

within

lower

some

enteringthe

is struck

one

democratic

the

are

body

of

federal

bodies,
elected

legislatures

privilegedbodies

which

220

exercise
chosen

the

by

every

public.

But

this

of

chosen

assembly

who

which

nation

will

elected

body

shoals

of

And

Those
of

it,
the

other.

risk

to

me

election

power
who

at

the

their

perishing

in

confessing

it, by

fining
re-

Men

adopts.

of

majority
elevated

than

pensities
pro-

the

petty

it.
the

of
of

system

an

generous

which

plan

of

to

fall

the

as

to

regard

those

and

party,

seem

into

scruple

no

of

political
thinkers

have

system

of

introduce

the

disgrace

anticipated

through

the

rather

which

the

the

represent

community,

of

in

it

represent

they

will

who

American

election

by

an

representation,

miserably

or

the

among

democracy.

here

peculiar

to

which

are

elected

wishes

change

actions,

vices

the

already

small

no

the

the

important
forms

they

chosen,

authority

but

nobler

frequently

more

incur

will

they

its

obliged

be

in

be

popular

the

current

be

may

an

them

or

the

but

generally

are

with

accurately

manner,

disturb,

time

republics

improving

prompt

which

The

and

are

which

passions

operates

governs

which

thoughts

of

men,

this

they

conformity

transmission

in

chosen

are

in

right

own

constantly

may

rights

discretion

its

the

electoral

their

citizens

members

new

their

in

the

of

totality

and

year,

employ

franchise

electoral

the

who
into

level

the

this

fear,
as

only

of

means

of

all

institution

on

great

the

an

as

other

error

that

of

the

the

exclusive

the

hand,
the

to

one

this

upon

bringing

classes

in

look

cise
exer-

people.
weapon

make

case

use

as

of
in

221

WHICH

INFLUENCE

ON

Elections

When

THE

are

second

elections

When
violent

time

be

strugglecan

and

When

"

they

Americans

Laws.

have

Opinions of

"

the

as

is

state

Parties

place.

gain a prize which

to

is almost

evil

are

ferred
pre-

ton
Hamil-

repeated within

the

if,on

exposed

selves
them-

is

rarely

so

for

the

tion
disappointedambi-

other

short space

to

exert

irremediable

of their

consequence

disastrous

most

prove

may

the

Crisis.
The

"

the
long intervals,

they take

the
fail,

who

the candidates

violent

Mutabilityof

"

in order

utmost
;

to

Excitement.

feverish

at

recur

their reach

within

State

Subject.

agitation
every
to the

of

Evils.

two

this

on

the

expose

EXERCISED

ELECTIONS.

TO

RELATING

degree

up

of these

Jefferson

and

they

rare,

frequent, they keep


the

LAWS

THE

HAS

DEMOCRACY

AMERICAN

time, the

of

legal

the

hand,

defeated

partiestake patience.
elections

When
in

of

perpetualstate

this
frequently,

occur

keeps society

recurrence

continual

excitement,and impartsa

feverish

to public affairs.
instability

Thus,

the

on

the

threatens

obstacle

preferredthe

second

for

taste

An

of

beneficial.
of this

the

varietyis

of

one

no

system

in the United

one

contend

be used

to

laws
the

will have
the

which

or

laws, adds
bad

than

more

"

led

were

their

an

have

reason

passionsof

this means,

mocracy.
debeen

might

It may

includes

least

at

perhaps
that
as

of

well

but

little weight with


that

of
utility

impede,

be said that

as

to

inconstancyand

who

the

are

fact

which

power

the

promulgation

the

power

the other.

those

deny

as

great evil.

preventinggood

purpose

of

affects to

it is not
the

their laws

general results

whose
States

that

one

mischiefs

by

of
instability

the

Hamilton, after having demonstrated


of bad

first;but they

system

latter is

Americans

characteristic

the

consider
of

to
or
instability,

might prevent,

perilsof

legislation.

Americans

But

the

The

policy.

extraordinary
mutabilityhas, by

the

the

to

government,

evils to the

these

consequence

necessary

exposed

their instinct much

by

into their

introduced

Many

of

of

consistent

steady and

to this conclusion

for

existence

very

all

to

is

state

other,to perpetual mutability


; the former

the

revolution,on

the

hand,

one

can

and

ones,

But

of preventing

this

may

tion
objec-

mate
properlyesti-

in
mutability

the laws

222

which

form

government."
And

this

of

change

and

of
instability

reallya

have

obviated

allowed

it

it.

without

the

questionshould

PUBLIC

Simple

Exterior

Officers
exists

are

crowd

UNDER

of

the

decided

THE

of citizens ;

"

public

Political

nations,

the

ment
attach-

which

of

democracy

evils.
letter to Madison,

think

should

year
of

ought

to

always

be

we

bill and the

discussed

and

put

final

to

the

by

simple majority,but by

both

houses."

OF

THE

Officers.

"

Consequences

No

DEMOCRACY

IN

official Costume.

of this

System.

"

No

AMERICA.

All

public
publicCareer
"

of this.

they have
This

not

but with

the

same

whole

be

CONTROL

officers in the United

connected,

of other

whom

bringingin

thirds of

Result

"

costumes.

is

afterward

American

remunerated.

in America.

Public

be

not

OFFICERS

of

opinionsand

political
system

inconvenience.

the

should

least two

at

in

of making
possibility
any alteration in it ; and if
of the case
requireda more
speedy decision,the

circumstances

majorityof

of

laws," he said in

our

by decidingthat

It

election

new

diminishes

democrat

greatest

elapsebetween

to

passingof
the

people toward

sion
rapidsucces-

infirmity."

serious

very

respect and confidence

yet produced,pointedout the

as

is

vote

of

marks

himself, the

has

The

"

of the

effects

From
representatives.

change

The

"

mischievous

; every

half of the

one

proceed

forfeits the

many

Jefferson

our

be the diseases to which


The

filla volume

change
must

reverence

betraysso

to

seem

of liberty
and
itself,
blessings

poisons the

America

would

men

which

measures

geniusof

observes

from
public councils arising

the

to

he

work,

same

liable.*******

most

are

is found

the states

the

law-making

members,

new

of

62

of

excess

in
mutability

of

"

No

governments

of the

and

No. 73.)
(Federalist,

"

again, in

and
facility
our

in the character

the greatestblemish

States

neither

the

the fundamental

commingled

with

the

nor
palaces,

simple exterior

only with

are

of the

monial
guards,nor cerepersons in authority

of the
peculiarities
of
principles

that

American

society.

acter,
charIn the

223

estimation

of the

necessary

evil. A

certain

degreeof
be of

for they would


officers,

of the

they only enjoy


derive

they

the whole

in the United

world, attentive

all the

; and

by

respect the office

who

attached

the emblems

to

of

selves
puttingthem-

of
their

manners.

of

all his

democratic

and
officer,

the

authoritythan

the

to

who

ernment
govzens,
citiless

are

who

man

to
plies.
re-

independenceof the

manly
than

more

that

aware

obligingin

these characteristics
the

the

accessible
uniformlycivil,

all requests, and

struck

was

sible
osten-

susceptibility

well

condition

is

the

which
fellow-citizens,

community by

States

to

pleasedby

was

But

are

their

authority,
upon

level with

publicofficer

themselves

over
superiority

their

from

on

the

it.

lic
pub-

to

indispensableto

means

no

publicofficers

The

public.

without

use

granted

offensive to the
it is needlessly

of affairs ; and

conduct

no

benefit,but

be

must

power

authorityis by

of

semblance

is not

democracy, a government

bears

them.

inclined to believe

am

exercise,in

an

exaggerated. I

deal

less

the

was

the

to

their

respect it.

derides

When

deprivehim

the

of his

may,

clothe

and

compromising
they belong to

its
the

from

robes

the natural
a

see

dignityof

not

be

allow

to

such
of

mankind

for

have

instances
a

are

or
prisoner,

be well

would
he

whether

tributes
con-

inclined to

otherwise

certain show

silks and

would

call
re-

when

he is reduced

of

magisterial

gold,without
this kind

distinct from

are

the

uniformlyremunerated

intrusted to

the basis of

rightof

signs.

peculiardress
ought

his

privatecitizen.

however,

are

in America

adventitious

expense

to
office,

good

dischargeof

culpritis placed,it

of

place, and

constitute
its

which

in France

of
principles.
Privileges

publicchargesmust
still retains

no

not

the

at

its officers in

public officers
who

by

they are

trivial wit

apparel of

democracy

pomp,

off

characters

public

magistrate(and

portionof

to

in the

was

set

was

least when

predicamentin

some

if

respect which

rare),indulgeshis

not

to

merit

own

he

been

publicofficer

really

costumes

live, has

we

perceived that

never

at
position,

own

in which

hand, itis very doubtful whether

other

the

that

respectedwhile

his

duties because
On

like

age

that the influence which

an

men

the

opulence

and

election

can

transitory
;

individual

by

aristocracy
; and

that
election,

certain class of citizens.

of

are

seriously

but

state, the

ence,
independ-

if the

only be

people
made

224

When
been
is

advancing
to

monarchical

to

form

of

The

government.

had

as

and

substitution

of

monarchy

been

unpaid, it is

despotic or
for

paid

formerly

that that state

when

hitherto

toward

had

believed

opinion,sufficient

in my
itself,

is of

institutions

approaching

it is

sign that

sure

safelybe

may

officers

such

remunerate

offices which

renders

republic

it
gratuitous,

remunerated,

begins
a

democratic

republican

constitute

to

tionaries
func-

unpaid

serious

revolution.
I look
America

of

one

as

which

them.
to

them.

number

in

right,but

also

the

of electors

All

of

citizens

the

minion
do-

public
that

so

performing
qualified

are

tempted

try for

to

candidates

the

in

absolute

paid ;

are

not

are

than

the

means

states, all the


all

functionaries

country.
be,

capacitiesof

the

choice

that

may

government,

and

restrict the

to

apt

in the

stations
The

gratuitous

they

nature

in democratic

Although,

occupy

exercises

merely

not

of

prominent signs of

most

whatsoever

has

one

the

absence

democracy

services, of
every

entire

the

upon

more

are

conditions

of the

extends

every

can-

didateship.
in which

In nations
in

the

state,

exist.

Men

enjoy, and

to

promoted

are

they

ambition.

principleof

politicalcareer

no

is that

the

by

are

if

no

means

in

tranquil times

In

the

United

talents

his

conduct
who
as

not

who

of the

fortune

own

occupy
to

the

sure

bad
that

might
do

state

until

from

stations

choice

of the

people

he

is

has
vast

quite as

return

come

forward.

diverts

his
of

the

men

it is certain

that

to

tensions.
pre-

great
and

it

direct
to

ordinary men
to

United
of

lures

incompetence

very

attributable
In the

power

they

in the

of

men

to

quence
conse-

few

undertake

discovered
number

The

moderate

very

not

said

engage

pursuit of

does

man

solicit its support, but


not

the

democracy.

would

of

generally

The

public

the

wealth

who

place

which

offer but

persons

individuals

are

that

affairs.

the

rank

retainingit.

public functions

passions

great

frequentlyhappens

very
the

pursuit

of

and

of

the

to

of

sure

States

perplexitiesof politicallife
The

chance

by

to

properly speaking, be

can,

as

election

these

causes

States, I

am

superior abilities
men

of

this description

226

quainted with

is not

sovereignpower
in the
than
which

they

of the

the choice

to draw

bound
the

jury;
is that
and

they

of

kind

England,

the

of habitual
of

without

much

the

magistrateas

elective franchise

the conversion

attends

an

only in

It is

sphere in

monarchies

the power

the

act

vol.
these

lists

t See

liberties

to

post the

and

with

In New
names

prohibitthe

to

liquor.f

to
revolting

here,however,

the

tants
inhabi-

censorial

population

it is submitted

to

cause

are

of 27th

ii.,
p.

331.

of

be

the

is divided
interested

It should

the

duration

1813.

be added

law

easilydetected.
the

king

of
stability

Collection
the

prescribes

all their
act, superintends

be

that

rightsand

which

to

General

monarchy.

the

are

in the

the

to despotism.
directly

the

between

of

which
difficulty

republicinto

that

this may

February,

magistrateincreases

as

lead

this
It

consequences.

elective,but he retains

which
officer,

of

mination
deterarbitrary

republics,because

alarming

any

democratic

the

to

arises the great

Hence

publicofficers

which

whom

by

limited monarchies

The

of

to

elected

measures.

See

lives and

empowered

is extended, and

of

magistrateceases

the habits of

franchise

right.

be

the

in their choice

that the freedom

of office is shortened.

both

on

danger,if a public officer

in democratic

is unattended

be asserted

even

the

serve

elective

the

left by the law

been

so

arbitrary
power

The

are

township

formidable

so

would

has
of

the

them,

difficulty.

Nowhere

time

kind

monarchies

absolute

of the most

be in

supplying them

from

town

to

guide them

to

publichouses,

of this excessive

power

may

in

who

France

magistratesare

same

drunkards

with

intrusted

was

of each

possessingthe

thought to

be

for

out

discretion.

own

selectmen

is laid down

reputation.*In

would
subjects

any

as

fair

enjoyinga

of the

is

select citizens

to

are

traces

pendent
inde-

more

Very frequentlythe object


simply pointedout to them, and

the list of persons

which

onlyrule

the

universally
present.

law

the

is left to their

up

former

Europe.

accomplish

means

the

pointof fact,much

England, for instance,the

In New
are

officer in

to

are

in

are,

In

but it is

action which

sphere of

public

any

committed.

are

only supreme,

functionaries

American

The

which

all those

jurorsare

of

In

limited

and

the

the

magistrate.

the

Laws

afterward

people,

of Massachusetts,
drawn

from

by lot.

the

act

of 28th

vol. i.,p. 302.

February, 1787.

General

Collection

of the

Laws

chusetts,
of Massa-

227

The

king does

control

of

the other

on

to

serve

depend

induces

king and

the

the

suggests

securities

such

the

encroachingupon

liberties of

latter.

the

beforehand, and they


which
regulations

as

the

of
authority

among

Yet
as

any

the

to

as

laid

by

tain
cer-

of

The

magistratesare
author

he

alludes
But

department.

liable to criminal

are

their

have

being

of their authority.

immunity

an

fundamental

bitrary.
ar-

tion
popular elec-

on

be

must

it is

tically
prac-

to

seems

prosecution

ciple
prinever
when-

"

or
partiallyor oppressivelyfrom a malicious
corrupt motive."
Wendell's
278.
That
our
magistrates are independent
Reports,

they
See

work.

which

to

other

that all officers

system,

our

then

and

conduct

with

why
independence

to
responsibility

of

the former

magistrates being independent


just before spoken of their dependance
there was
no
apprehension of the abuse

had

reason

The
from

he

which

confininghim

of

the idea

confounded

said

evade.

in the

erroneous

be

cause

line of

interested in

he cannot

most

were

dependence
prevent their in-

may

respectingthe arbitarypowers

observations

[The

same

consequentlyagree

They

are

therefore

The

the functionary
to
necessityof restricting
down

they

publicofficers independent,

render

peopleto

magistrates

the country, if

other.

the

betrayhis

to

lest the

they cannot

the

or

officers under

tempted

people fears

crown

one

of
necessity

from
the

the

the

be

liberties of

the

upon

either the

on

should

the

hand,

oppress

dependant
entirely
to

place the public

to

venture

people,lest they

the

interests ;
should

not

15

act

they do not act partiallyor oppressivelyis very


hoped, is equally true in every form of government.

when

therefore,not

be such

degree

of

independence

true, and
There

it is to
would

be

seem,

necessarily produce
magistrates are more
arbitraryin
in a democracy than in a limited monarchy.
And
a despotism and
yet, the
limits of independence and of responsibility
existingin the United States are
to

The

arbitrariness.

from

borrowed

author

of

instance

in the

in Wendell's
ministerial

with

those

See
monarchy.
Reports, before quoted.
in the

officers,is indispensablein every

system

of
expresses
which

from

persons

and

criminal,

down

The

which

whom

other

referred
their

contained

by

the

of

being supplied with


English

statute

line

of

in the execution

from

the utter
the

names

trial of

appointed by

Geo.

the

of habitual
a

possibility
im-

author

(as
discretionarypower

in their hands, than

annually by

to

punishment byjudicial

for the
are

most

referred

conduct"
of

the

"

arbitrary, exist in England.

liquor,is but
of 32

England

authorities

Discretion

of

instances

who
sheriffs,

posting the

the

of government,

be formed

town-officers,chosen

to, that

in the

to

liable to abuse

certainly
or

very

in

awarding

he considers

juriesare

selected

are

beforehand

cases.

more

power,

power

such

he refers,and

the

"laying

it)in

established

limited

duties,and

of various

to

as

that

supposes

identical

and

prominent
case

civil

crown

in those

people.

The

"

of

lectmen
se-

other

bidding
drunkards, and for-

reiteration

III. ch. 45,

There,

causes

the

to

of the

principles
respecting idle and

228

is not

of

instance

an

which

does
of

argument

this

on

THE

OF

of

Occurrences

of

Family.

they are

so

the

publicmen

the

is,so

committed

to

the leaves

of the

if

; but

the

number

it will be

it is to

day, than

middle

during the

be

historyof

other

would

nations, in

Instabilityof

"

the

The

public

traditionary.But

little is

for ever,

away

like

breeze.

States

are

papers
news-

is

broken,

of time

convinced

am

collect

the

the

chain

authentic

of the Americans

the

administration

of

United

States
to

to learn

have

were

present
France
ever

to

recourse

anythingof

in

that

documents

at

be necessary

order

brief,

so

privatefamily.

past.

of

is

the

vaded
inthe

people

inhabits them.

now

of
instability

people:

no

for what

cares

system is pursued;

little store

several
to

administration

the
it

even

appears

occurred
no

archives

brought togetherwhen
they exist

the

and

if the

ages ; and

than

Traces

leave
community frequently

wanting, the

from

STATES.

ever-changingpopulation

in the United

find remains

habits of the

answer

"

difficult to

more

by barbarians,it

in

seem

in America

the

the smallest

social condition

concerning the

papers

whole
fail.

to

UNITED

little is wafted

remains

present is severed

fifty
years

of
of

that

by
sibyl,

with

speak, oral

writing,and

THE

possess

occurrences

to

only historical

The

one

trates
magis-

The

of Government.

Art

commingled

soon

than

traces

administration

The

laws.

frequently leave fewer


only historical Remains.

the

of the country, that the acts

which

English

IN

Newspapers

"

which
authority

The

and

in American

point therefore, would

Community

to
prejudicial

Administration

fewer

great confidence, that there


vested

the

ADMINISTRATION

public Acts

the

America

and

in

find its prototype

author,

INSTABILITY

the

being

discretionarypower

not

the

said with

Editor.]

American

In

be

Indeed, it may

disorderlypersons.

be very
them

original
publicdocuments
some

of my

; and

inquiries.In

easy
;

and

which
America

into

the

generaltaste,and

his time.

is formed

upon

penetrated

to suit the

before

it would
is set

has

No
no

documents

do

to

I have
were

methodical

so.

are

Where

among

given to

societyseems

my
me

to

229

live from

hand

mouth, like

to

the art of administration


and

sciences

no

of successive
in which
remarks
of

and

mankind

execution,the

and

each

graduallyforms
; and

simplypossess
in

the

in America

and

nation
This

which

the

existence
*

At

society

earliest ages

[These
not

But

high

natural

are

most

who

duct
con-

society,
they

widelydisseminated
themselves.

to
prejudicial

it is better

adaptedto

administration,than

an

to

it always
principle,

; but

but

the

"

of
instability

the business

will

of human

administration"

of government

even

our

and

to

the discussions
the

to

ordinary duties

the author

history.

are

publicmen

our

diplomatistsare
that department.

to their experience in
very little reference
the universal
attention that is paid by the intelligent,
to the

slightpreparationfor

convince

in America,

that

It is certainlytrue

partly erroneous.
to

presupposes

enlightenmentin
imagined to belong to the
observation

maturer

is founded

and

last in the succession

only come

upon

culture
be

the science

government

with

of government

its

afford any instruction

direction of

of

proposition
;

the persons

the

democratic

degree of

the world

remarks

educated

selected

not

the first glanceit may


of

partly correct,
are

of

it could

that

us

But

reason

life,

invents

publicaffairs.
exclusivelyapplicableto

Although

simple and

very

for this

order

experienceupon

limits,is therefore

in the conduct

remark, indeed, is

fixed

the

is uninitiated in

of administration.
upon

space

experiencepeculiarto

no

the art of government ; and

which

to its farthest

people alreadyversed

to

seldom

can

they assume

those attainments

Democracy, carried

idea ; the former


truth

science,

of his

an

sciences.

the

when

community,

short

fruits of individual

gathersthe

other

together in

the

observations

in

latter reduces

the administration
to

man,

conceives

fact ; another

means

way,

One

occur.

as

discoveries and

connected

not

Nevertheless,

ranked

undoubtedlybe

may

are
generations

they

in the field.

army

improved,if the

be

can

an

measures

they give rise,is in itself no


legislation.And, indeed, this
archives
As
no
to there being
The
is certainlymistaken.
nals
jour-

which
of

to admit.
subsequently seems
of public documents, the author
formed"
of congress,
the journals of state
the public documents
legislatures,
transmitted
in
those
to and
bodies,
are
originating
carefullypreserved and
disseminated
the materials
through the nation : and they furnish in themselves

of
want

as

"

full and

of statistical

It is needless

applied
Vol.

to

I."

history. Our great defect,doubtless, is in


information.
Excepting the annual reports of the state
accurate

to observe, that
people, not merely

I
to

speak
a

here

tribe.

of the

democratic

form

the
of

of government

230

our

made

commerce,

the
and

those

that
alluded

taken

BY

LEVIED

THE

STATE

the

UNDER

law, and

THE

when

he

Editor.]

OF

RULE

gress,
con-

It is supposed

in his mind

American

"

cepting
ex-

authorityof

official statistics.

no

information

archives.

our

under

years

have

we

speciesof

generaldeficiencyof

the

CHARGES

this

had

ten

every

the states,

by

the author

to

is taken

which

census

of the treasury, under

the secretary

by

THE

AMERICAN

DEMOCRACY.

all Communities

In

Classes

in the

increase

when

less

Citizens

the

People

be feared

to

Before

we

to

into

governs.
"

Public

not,

questionwould
draw

an

absolute

monarchy.

The

to

be

considerable

under

is the

such
not

from

wealth

while

it

are

benefits than

favoured
increase

even

pointout

latter ;

which

are

by preventing

by deprivingthem
the

of

source

Freedom,

riches,

the

on

trary,
con-

it

rapidlythan

more

to

those

found

be

destroys
; and the nations
institutions^
invariablyfind that their

free

by

My present objectis
to

it dries up

usuallyrespects acquiredproperty.

resources

and

than

were

we

the

under

to

parison.
com-

republicand

individuals

more

of

solution if

than

to

of government

democratic

compared

much

Democracy.

form

easy

the former

produced :

they have

engenders far more


which

of

tend
cy
Democra-

suitable standard

despotism ruins

of these

must

of

public expenditurewould

producingwealth,

of the

of each

Extravagance

democratic

one

all free states

It is certain that

so.

them

with

case

between
parallel

attempt

the

Expenditure under

be

to

more

renders

establish

must

we

Habits

"

public Expenditures

Why

"

What

"

Classes.

three

Finances.

affirm whether

or

The

public

in America.

can

is economical

divisible

of

Direction

free

compare

the influence of

their taxes.
nations

democracy

upon

each

to

the

other ;

finances

of

state.

Communities,

as

well

as

organic bodies,are subjectto

fixed rules in their formation

composed
times

and

of certain
under

mentally divided

elements

which

they cannot

which

all circumstances.
into

classes consists of the

three

distinct

wealthy j

the

are

The

evade.
to

common

people may

classes.

The

second, of those

certain

They
them

at

always

are

all
be

firstof these
who

are

in

231

circumstances

easy

little or
which

of the individuals

who

never

be

It is evident

that

its

peculiar to
finances

of

the
the

and

are,

in

the

power

levied upon
to

appears

nothing is

the

to be

me

the

will

onerous

The

levied

are

of

sum

If the

on

second

lavish

the middle

of

government

the

certainlynot

of

largeimpost which

most

is

classes

economical, though perhaps

most

large

class has

be

not
certainly

as

sparing

superfluousenjoyment,

little felt.

so

income.

small

of the

exclusivelypossesses

three

which

taxes

laws, it

the

enlightened,and

most

the

diminish

to

making

may

influence,

an

it is probable that itwill not be

pointof fact, but

taxes, because

proportion

administration

the

first of the

If the

state.

tend

of

work

the divisions themselves

but

classes will exercise

propensities,upon

legislative
power,

only

The

the

three divisions

these

in

society
;

of

of these

each

publicfunds,because

fortune

especially
by

more

have

obliterated.

own

the

included

are

those who

superiororders.

two

the condition

accordingto
can

of

the

of

composed

subsist

who

property, and

no

they perform for

vary

the third is

; and

generous,

not

the

of

free

governments.
But

let

in the
that

now

us

lowest

the

orders

there

tendencyof

authorityis vested
legislative

the

that

suppose

expenditurewill

the

which

reasons
striking

two

are

be

show

increase,not

to

to

diminish.
As

the

of

taxes

the

is spent for

advantage,at
of

poor,

when

in

in which
of

power

be considerable

The

word

relative and

not

the

making
be

is used
an

absolute

the

in

comparison

with

the

in

comparison

with

their

poor
more

of Europe

those

means

of

the

spent

who

are

to

sessed
pos-

regulatingthe

wealthy

and

the

same

to
profitable

advantage

should

exclusivelyinvested

be

laws, no

great economy

; that

expenditure

expected

sense.

and

to take

sessed
pos-

the government.

poor*

here, and

to the

unable

are

; either because

poor
in

rich

own

be

to

appears

readilyfind

possessionof

expenditureought to

of their

are

imposed,all

be

can

community

laws

the

create

taxes

burdensome

althoughthe

they are
the

cost

no

they are

In countries
with

the

littleproperty

some

that

so

which

property upon

no

which

money
their

great majorityof those who

the

taxes

throughout
Poor
; but

men

the

remainder

with

will

weigh

not

in America

they may

affluent countrymen.

do

of

upon

of this

would

often

public
always
those

chapter, in
appear

rich

propriety be styled poor

232

levy them,

who

weigh

to

the

democracy
taxes

on

is the

only one

the

payment

escapes

the

by

the

of

true

grounds 1

suitable

as

kings

to admit

the

their

lays
that

But

but

is it not

subjects happy

exclusive

such

no

on

prevail

to

power

exigenciesof the moment,


an

that

recruits into their order

advantages had

tyrannicalsovereignor

which

it cannot

it resorts.

render

to

If remote

the passionsand

over

to which

interest of nobles

since

community,

measures

severe

interest

true

and

of

government

the power

them.

the

portionof

the wealthier

the

not

as

objected(but the argument has no real weight)


with
connected
interest of the people is indissolubly

the true

suffer

of

words, the

which

under

manner

be

It may

of

In other

classes.

those

upon

levied in such

they are

because

or

thing

could
aristocracy

ever

exist.

Again, it may
sole

the

objectedthat

be
of

power

suffragehas

universal

the

making
been

the poor

laws

; but

are

invested

never

reply,that

the majorityof
established,

unquestionablyexercises

the

with

wherever
the

munity
com-

and
legislative
authority,

if it

it may
be
proved that the poor always constitute the majority,
added, with perfecttruth,that in the countries in wrhich they possess

be

the elective
laws.

it is certain

But

has

greaternumber
property,
from

or

the

The

disastrous

exercise

upon

treasure

was

supply the
is true

that
and

known,

the

of

the

to

relieve

theatrical amusements

the present

is less felt in the conduct


that

state, was

representative
system

that,at

delegatewill

of his constituents,and

the

w^ho hold

to

no

them

exempt

fact invest the

popularauthority
may

in order

and

world

easy subsistence.

an

poor

favour

time,the

of

which

the

the

then

populace.

very

influence of

their

conform

to

as
propensities

extravagance

of

democracy is,however,

It

popular passions
the

much

be believed

principles
as

their

interests.

The

to

imperfectly

publicaffairs ; but it may

in the end

in

public

indigentcitizens,
or
of

wras

sometimes

clearlyseen

very

of antiquity,
in
republics

exhausted
games

which

finances

of the democratic

some

point of

making

society.

influence
the

in

of

of the

persons

order to procure

therefore

of

government

nations

property is insufficient

whose

suffragedoes

Universal

sole powrer

of those

always consisted

of those

the

in all the

that

of working in
necessity

the

with

franchise,they possess

less to be dreaded

234

tions

to

very

rulers labour
means

improve their wellbeing,and

as

take

costlyundertakings. In democracies, where


under
privations,
they can only be courted by

place without

reflect upon
it had

its

been

be had

must

sacrifice of money.

it discovers
situation,

before

not

When

public charges increase

and

that

impostsare

in

of wants

Hence

which

to

it arises,
that

civilization

proportionas

augmented

peoplebeginsto

these exigencies,
satisfy
course
re-

to

the coffers of the state.

to

such

improvements cannot

multitude

and
subject,

the

the

these

the

spreads,

knowledge pervades

as

the

community.
The

last

dearer

than

in

wrhich

cause

any

other

renders
frequently

is,that

democracy does

because
moderating its expenditure,

art

of

being economical.

As

the

it does not

those

removed, its undertakingsare


unfinished

in the

proportion

former

the

to

THE

OF

TENDENCIES

which

end

second, the expense

itselfis

those

Democracies
"

of the

Tendency

Officers,and
"

lower

to

those

of the

Statement

Comparative

are

ill-conducted

to

quently
fre-

more
or

of

out

sums

in

accomplish;

left
all
the

AS

high Salaries have

the

REGARDS

THE

SALARIES

OFFICERS.

Democracy
of

it entertains

spends

state

it proposes

PUBLIC

American

the

designsare

often

DEMOCRACY

establish

who

understand

unprofitable.

AMERICAN
OF

In

the

case

government

always succeed

not

designswhich

the agents of

frequently
changed, and

democratic

to

important

more

Salaries

of

no

increase

Chance
the

of

Functionaries.

publicOfficers

profitingby them.

Salaries
"

in the

of

subordinate
of this.

Reason

United

States

and

in France.

There

is

to economize

upon

the

countries,so

be benefited

by

the

the

almost

usuallyinduces

publicofficers.

remuneration
number

is

of persons

As

democracies
the

number

extremelylarge in
who

can

hope

to

cratic
comparativelysmall. In aristoappointhigh
contrary, the individuals who

receiptof

the

on
countries,

have
salaries,

salaries of

dispensethe

of citizens who
democratic

which

powerful reason

always

it is

vague

hope

of

profiting
by

them.

235

These

appointments may

create

for their

parsimonious toward

its

much

are

much
These

allowed

be

of

opposite effects

be

placed in

when

the

the

be

to

higher classes

to the

extend

governor

of

fortunate

and

that the

enviable

show

perhaps assent
humble

to

dwelling,and

toil,he
say is

all that

remembers

and
insufficient,
such

sight of

officer is almost
raised above
latter
This

is

as

the

which

whose

is scanty
do not

in his estimation
a

is

year,

the

very

convince

to

to

him
tain
main-

foreignnations,he

produce

do with

his

on

will
own

of his wearisome

salarywhich

almost

or

which

wants

he reflects

when

ion.
decis-

you
the

frightenedat

Besides, the secondary public

people, while

the

therefore

may

his

arouse

clearlyseen

decrease

to

seem

very

could

is startled

former

The

beginsto

; but

level with

of

eyes

wealth.

on

it.

the

he

he

uncommon

the wants

hundred

hard-earned

the

on

public should

great officers of

sum

man,

own

publicitself;*but

undertake

you

its

of

great peopleought to be able

meaning

your

The

three

If

people

guide the popular

can

poor

or

f
being,

splendourin

of

the

the

as

life : and

of

his two

of
representative

some

the

necessaries

state,with

of

servants

the

to

ministration
ad-

and the scale

consideration

feel.

societymay

enormous

the

beyond

cases

adequate conceptionsof

no

of

rich,appears

in both

the

alone

chance

the

the

cause

salaries of the

the

upon

the secondary

of
dignitaries

same

easy circumstances

same

have

poor

the

the

fair that

question turns

The

from

by

most

elsewhere.

are

publicofficers

and
state, this rule fails,

the

result

is determined

It is held

wTants.

they

is

state

In America

the

they

for their children-

democratic

paid,and

than

worse

remuneration

that

capitalwhich

resource

principal
agents.

better

fixes the salaries of the

as

upon

least,as

at

use, or

own

It must, however,

officers

be looked

excite

others

the

are

his interest,but

envy.

in the

United

authorityof

the salaries

States,where

those

receive

who

them

aug-

ments.J
The

easy

States,

result

circumstances

also from

of democracy:
be

not

every

served

commercial

at

undertaking,

The

state

of

render

which

cause,

not

is

obliged

functionaries

are

placed

in the

United

independent of the general tendencies


the state
is very
would
lucrative,and

is

The

its servants.

pay

which

to

sustain

is in the

country
an

position of

expensive competition,

withstanding
not-

for economy.

Ohio,

which

contains

salary of only $ 1,200 (260Z.)


X To

secondary

private business

of

kind

all if it did

its taste
t

in which
another

this assertion

million

of

inhabitants,gives

its

governor

the scale

of

year.

perfectlyevident, it will

suffice

to

examine

236

the

Under

rule of

inferior

from
If

causes

to

speak

or, to

the

is therefore apt
aristocracy

perform their

to

It is the

service

economical
that

lavished
the

it

to

the

who

The

1 have

perhaps done
the

under
then
*

the

See

poor

the

and

receives

50,000 fr. now


American

at

least

I have

complete

to

of

the

the chambers

France

show

Thus

the

200,000/.

were

; the

only 20,000
cost

spent in the

of
state

devoted

in the

department

du

Nord

my

exercise

more

It is

subsistence
sums

to
are

enjoymentsof
be

may

better

ployed,
em-

added

salaries

the

comparison

attached

"

standard
an

of

Finances.

des

of

comparison.

In

ever-increasing influence
raise

finance,who

lowest

the

received

salaries

160,000 fr.