American Institutions and Their Influence by Alexis de Tocqueville (most popular ebook readers .txt) π
Among other subjects discussed by the author, that of thepolitical influence of the institution of trial by jury,is one of the most curious and interesting. He has certainlypresented it in a light e
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But in this matter, as in many others, the argument derived from the necessity of the case predominates over all others. If none but small nations existed, I do not doubt that mankind would be more happy and more free; but the existence of great nations is unavoidable.
This consideration introduces the element of physical strength as a condition of national prosperity.
It profits a people but little to be affluent and free, if it is perpetually exposed to be pillaged or subjugated; the number of its manufactures and the extent of its commerce are of small advantage, if another nation has the empire of the seas and gives the law in all the markets of the globe. Small nations are often impoverished, not because they are small, but because they are weak; and great empires prosper less because they are great than because they are strong. Physical strength is therefore one of the first conditions of the happiness and even of the existence of nations. Hence it occurs, that unless very peculiar circumstances intervene, small nations are always united to large empires in the end, either by force or by their own consent; yet I am unacquainted with a more deplorable spectacle than that of a people unable either to defend or to maintain its independence.
The federal system was created with the intention of combining the different advantages which result from the greater and the lesser extent of nations; and a single glance over the United States of America suffices to discover the advantages which they have derived from its adoption.
In great centralized nations the legislator is obliged to impart a character of uniformity to the laws, which does not always suit the diversity of customs and of districts; as he takes no cognizance of special cases, he can only proceed upon general principles; and the population is obligated to conform to the exigencies of the legislation, since the legislation cannot adapt itself to the exigencies and customs of the population; which is the cause of endless trouble and misery. This disadvantage does not exist in confederations; congress regulates the principal measures of the national government, and all the details of the administration are reserved to the provincial legislatures. It is impossible to imagine how much this division of sovereignty contributes to the well-being of each of the states which compose the Union. In these small communities, which are never agitated by the desire of aggrandizement or the cares of self-defence, all public authority and private energy is employed in internal melioration. The central government of each state, which is in immediate juxtaposition to the citizens, is daily apprised of the wants which arise in society; and new projects are proposed every year, which are discussed either at town-meetings or by the legislature of the state, and which are transmitted by the press to stimulate the zeal and to excite the interest of the citizens.
This spirit of melioration is constantly alive in the American republics, without compromising their tranquillity; the ambition of power yields to the less refined and less dangerous love of comfort. It is generally believed in America that the existence and the permanence of the republican form of government in the New World depend upon the existence and the permanence of the federal system; and it is not unusual to attribute a large share of the misfortunes which have befallen the new states of South America to the injudicious erection of great republics, instead of a divided and confederate sovereignty.
It is incontestably true that the love and the habits of republican government in the United States were engendered in the townships and the provincial assemblies. In a small state, like that of Connecticut for instance, where cutting a canal or laying down a road is a momentous political question, where the state has no army to pay and no wars to carry on, and where much wealth and much honor cannot be bestowed upon the chief citizens, no form of government can be more natural or more appropriate than that of a republic. But it is the same republican spirit, it is these manners and customs of a free people, which are engendered and nurtured in the different states, to be afterward applied to the country at large. The public spirit of the Union is, so to speak, nothing more than an abstract of the patriotic zeal of the provinces. Every citizen of the United States transfuses his attachment to his little republic into the common store of American patriotism. In defending the Union, he defends the increasing prosperity of his own district, the right of conducting its affairs, and the hope of causing measures of improvement to be adopted which may be favorable to his own interests; and these are motives which are wont to stir men more readily than the general interests of the country and the glory of the nation.
On the other hand, if the temper and the manners of the inhabitants especially fitted them to promote the welfare of a great republic, the federal system smoothed the obstacles which they might have encountered. The confederation of all the American states presents none of the ordinary disadvantages resulting from great agglomerations of men. The Union is a great republic in extent, but the paucity of objects for which its government provides assimilates it to a small state. Its acts are important, but they are rare. As the sovereignty of the Union is limited and incomplete, its exercise is not incompatible with liberty; for it does not excite those insatiable desires of fame and power which have proved so fatal to great republics. As there is no common centre to the country, vast capital cities, colossal wealth, abject poverty, and sudden revolutions are alike unknown; and political passion, instead of spreading over the land like a torrent of desolation, spends its strength against the interests and the individual passions of every state.
Nevertheless, all commodities and ideas circulate throughout the Union as freely as in a country inhabited by one people. Nothing checks the spirit of enterprise. The government avails itself of the assistance of all who have talents or knowledge to serve it.
Within the frontiers of the Union the profoundest peace prevails, as within the heart of some great empire; abroad, it ranks with the most powerful nations of the earth: two thousand miles of coast are open to the commerce of the world; and as it possesses the keys of the globe, its flag is respected in the most remote seas. The Union is as happy and as free as a small people, and as glorious and as strong as a great nation.
* * * * * WHY THE FEDERAL SYSTEM IS NOT ADAPTED TO ALL PEOPLES, AND HOW THE ANGLO-AMERICANS WERE ENABLED TO ADOPT IT.Every federal System contains defects which baffle the efforts of the Legislator.βThe federal System is complex.βIt demands a daily Exercise of Discretion on the Part of the Citizens.βPractical knowledge of the Government common among the Americans.βRelative weakness of the Government of the Union another defect inherent in the federal System.βThe Americans have diminished without remedying it.βThe Sovereignty of the separate States apparently weaker, but really stronger, than that of the Union.βWhy.βNatural causes of Union must exist between confederate Peoples beside the Laws.βWhat these Causes are among the Anglo-Americans.βMaine and Georgia, separated by a Distance of a thousand Miles, more naturally united than Normandy and Britany.βWar, the main Peril of Confederations.βThis proved even by the Example of the United States.βThe Union has no great Wars to fear.βWhy.βDangers to which Europeans would be exposed if they adopted the federal System of the Americans.
When a legislator succeeds, after persevering efforts, in exercising an indirect influence upon the destiny of nations, his genius is lauded by mankind, while in point of fact, the geographical position of the country which he is unable to change, a social condition which arose without his co-operation, manners and opinions which he cannot trace to their source, and an origin with which he is unacquainted, exercise so irresistible an influence over the courses of society, that he is himself borne away by the current, after an ineffectual resistance. Like the navigator, he may direct the vessel which bears him along, but he can neither change its structure, nor raise the winds, nor lull the waters which swell beneath him.
I have shown the advantages which the Americans derive from their federal system; it remains for me to point out the circumstances which render that system practicable, as its benefits are not to be enjoyed by all nations. The incidental defects of the federal system which originate in the laws may be corrected by the skill of the legislator, but there are farther evils inherent in the system which cannot be counteracted by the peoples which adopt it. These nations must therefore find the strength necessary to support the natural imperfections of the government.
The most prominent evil of all federal systems is the very complex nature of the means they employ. Two sovereignties are necessarily in the presence of each other. The legislator may simplify and equalize the action of these two sovereignties, by limiting each of them to a sphere of authority accurately defined; but he cannot combine them into one, or prevent them from running into collision at certain points. The federal system therefore rests upon a theory which is necessarily complicated, and which demands the daily exercise of a considerable share of discretion on the part of those it governs.
A proposition must be plain to be adopted by the understanding of a people. A false notion, which is clear and precise, will always meet with a greater number of adherents in the world than a true principle which is obscure or involved. Hence it arises that parties, which are like small communities in the heart of the nation, invariably adopt some principle or some name as a symbol, which very inadequately represents the end they have in view, and the means which are at their disposal, but without which they could neither act nor subsist. The governments which are founded upon a single principle or a single feeling which is easily defined, are perhaps not the best, but they are unquestionably the strongest and the most durable in the world.
In examining the constitution of the United States, which is the most perfect federal constitution that ever existed, one is startled, on the other hand, at the variety of information and the excellence of discretion which it presupposes in the people whom it is meant to govern. The government of the Union depends entirely upon legal fictions; the Union is an ideal notion which only exists in the mind, and whose limits and extent can only be discerned by the understanding.
When once the general theory is comprehended, numerous difficulties remain to be solved in its application; for the sovereignty of the Union is so involved in that of the states, that it is impossible to distinguish its boundaries at the first glance. The whole structure of the government is artificial and conventional; and it would be ill-adapted to a people which has not long been accustomed to conduct its own affairs, or to one in which the science of politics has not descended to the
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