American Institutions and Their Influence by Alexis de Tocqueville (most popular ebook readers .txt) đź“•
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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The federal system is not only deficient in every kind of centralized administration, but the central government itself is imperfectly organized, which is invariably an influential cause of inferiority when the nation is opposed to other countries which are themselves governed by a single authority. In the federal constitution of the United States, by which the central government possesses more real force, this evil is still extremely sensible. An example will illustrate the case to the reader.
The constitution confers upon congress the right of “calling forth militia to execute the laws of the Union, suppress insurrections, and repel invasions;” and another article declares that the president of the United States is the commander-in-chief of the militia. In the war of 1812, the president ordered the militia of the northern states to march to the frontiers; but Connecticut and Massachusetts, whose interests were impaired by the war, refused to obey the command. They argued that the constitution authorizes the federal government to call forth the militia in cases of insurrection or invasion, but that, in the present instance, there was neither invasion nor insurrection.
They added, that the same constitution which conferred upon the Union the right of calling forth the militia, reserved to the states that of naming the officers; and that consequently (as they understood the clause) no officer of the Union had any right to command the militia, even during war, except the president in person: and in this case they were ordered to join an army commanded by another individual. These absurd and pernicious doctrines received the sanction not only of the governors and legislative bodies, but also of the courts of justice in both states; and the federal government was constrained to raise elsewhere the troops which it required.[Footnote: Kent’s Commentaries, vol. i., p. 244. I have selected an example which relates to a time posterior to the promulgation of the present constitution. If I had gone back to the days of the confederation, I might have given still more striking instances.
The whole nation was at that time in a state of enthusiastic excitement; the revolution was represented by a man who was the idol of the people; but at that very period congress had, to say the truth, no resources at all at its disposal. Troops and supplies were perpetually wanting. The best devised projects failed in the execution, and the Union, which was constantly on the verge of destruction, was saved by the weakness of its enemies far more than by its own strength.
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The only safeguard which the American Union, with all the relative perfection of its laws, possesses against the dissolution which would be produced by a great war, lies in its probable exemption from that calamity. Placed in the centre of an immense continent, which offers a boundless field for human industry, the Union is almost as much insulated from the world as if its frontiers were girt by the ocean. Canada contains only a million of inhabitants, and its population is divided into two inimical nations. The rigor of the climate limits the extension of its territory, and shuts up its ports during the six months of winter. From Canada to the Gulf of Mexico a few savage tribes are to be met with, which retire, perishing in their retreat, before six thousand soldiers. To the south, the Union has a point of contact with the empire of Mexico; and it is thence that serious hostilities may one day be expected to arise. But for a long while to come, the uncivilized state of the Mexican community, the depravity of its morals, and its extreme poverty, will prevent that country from ranking high among nations. As for the powers of Europe, they are too distant to be formidable.[Footnote:
Appendix O.
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The great advantage of the United States does not, then, consist in a federal constitution which allows them to carry on great wars, but in a geographical position, which renders such enterprises improbable.
No one can be more inclined than I am myself to appreciate the advantages of the federal system, which I hold to be one of the combinations most favorable to the prosperity and freedom of man.
I envy the lot of those nations which have been enabled to adopt it; but I cannot believe that any confederate peoples could maintain a long or an equal contest with a nation of similar strength in which the government should be centralised. A people which should divide its sovereignty into fractional powers, in the presence of the great military monarchies of Europe, would, in my opinion, by that very act, abdicate its power, and perhaps its existence and its name. But such is the admirable position of the New World, that man has no other enemy than himself; and that in order to be happy and to be free, it suffices to seek the gifts of prosperity and the knowledge of freedom.
* * * * * CHAPTER IX.I have hitherto examined the institutions of the United States; I have passed their legislation in review, and I have depicted the present characteristics of political society in that country.
But a sovereign power exists above these institutions and beyond these characteristic features, which may destroy or modify them at its pleasure; I mean that of the people. It remains to be shown in what manner this power, which regulates the laws, acts: its propensities and its passions remain to be pointed out, as well as the secret springs which retard, accelerate, or direct its irresistible course; and the effects of its unbounded authority, with the destiny which is probably reserved for it.
* * * * * WHY THE PEOPLE MAY STRICTLY BE SAID TO GOVERN IN THE UNITED STATES.In America the people appoints the legislative and the executive power, and furnishes the jurors who punish all offences against the laws. The American institutions are democratic, not only in their principle but in all their consequences; and the people elects its representatives directly, and for the most part annually, in order to ensure their dependence. The people is therefore the real directing power; and although the form of government is representative, it is evident that the opinions, the prejudices, the interests, and even the passions of the community are hindered by no durable obstacles from exercising a perpetual influence on society. In the United States the majority governs in the name of the people, as is the case in all the countries in which the people is supreme. This majority is principally composed of peaceable citizens, who, either by inclination or by interest, are sincerely desirous of the welfare of their country. But they are surrounded by the incessant agitation of parties, which attempt to gain their co-operation and to avail themselves of their support.
* * * * * CHAPTER X. PARTIES IN THE UNITED STATES.Great Division to be made between Parties.—Parties which are to each other as rival Nations.—Parties properly so called.—Difference between great and small Parties.—Epochs which produce them.—Their Characteristics.—America has had great Parties.—They are
extinct.—Federalists.—Republicans.—Defeat of the Federalists.—Difficulty of creating Parties in the United States.—What is done with this Intention.—Aristocratic and democratic Character to be met with in all Parties.—Struggle of General Jackson against the Bank.A great division must be made between parties. Some countries are so large that the different populations which inhabit them have contradictory interests, although they are the subjects of the same government; and they may thence be in a perpetual state of opposition. In this case the different fractions of the people may more properly be considered as distinct nations than as mere parties; and if a civil war breaks out, the struggle is carried off by rival peoples rather than by factions in the state.
But when the citizens entertain different opinions upon subjects which affect the whole country alike, such, for instance, as the principles upon which the government is to be conducted, then distinctions arise which may correctly be styled parties.
Parties are a necessary evil in free governments; but they have not at all times the same character and the same propensities.
At certain periods a nation may be oppressed by such insupportable evils as to conceive the design of effecting a total change in its political constitution; at other times the mischief lies still deeper, and the existence of society itself is endangered. Such are the times of great revolutions and of great parties. But between these epochs of misery and of confusion there are periods during which human society seems to rest, and mankind to make a pause. This pause is, indeed, only apparent; for time does not stop its course for nations any more than for men; they are all advancing toward a goal with which they are unacquainted; and we only imagine them to be stationary when their progress escapes our observation; as men who are going at a foot pace seem to be standing still to those who run.
But however this may be, there are certain epochs at which the changes that take place in the social and political constitution of nations are so slow and so insensible, that men imagine their present condition to be a final state; and the human mind, believing itself to be firmly based upon certain foundations, does not extend its researches beyond the horizon which it descries. These are the times of small parties and of intrigue.
The political parties which I style great are those which cling to principles more than to consequences; to general, and not to especial cases; to ideas, and not to men. These parties are usually distinguished by a nobler character,
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