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 Union has only had one struggle hitherto for its Existence.—Enthusiasm at the Commencement of the War.—Indifference toward its Close.—Difficulty of establishing a military Conscription or impressment of Seamen in America.—Why a democratic People is less capable of sustained Effort than another.
I here warn the reader that I speak of a government which implicitly follows the real desires of the people, and not of a government which simply commands in its name. Nothing is so irresistible as a tyrannical power commanding in the name of the people, because, while it exercises that moral influence which belongs to the decisions of the majority, it acts at the same time with the promptitude and the tenacity of a single man.
It is difficult to say what degree of exertion a democratic government may be capable of making, at a crisis in the history of the nation. But no great democratic republic has hitherto existed in the world. To style the oligarchy which ruled over France in 1793, by that name, would be to offer an insult to the republican form of government. The United States afford the first example of the kind.
The American Union has now subsisted for half a century, in the course of which time its existence has only once been attacked, namely, during the war of independence. At the commencement of that long war, various occurrences took place which betokened an extraordinary zeal for the service of the country.[Footnote: One of the most singular of these occurrences was the resolution which the Americans took of temporarily abandoning the use of tea. Those who know that men usually cling more to their habits than to their life, will doubtless admire this great and obscure sacrifice which was made by a whole people.
] But as the contest was prolonged, symptoms of private egotism began to show themselves. No money was poured into the public treasury; few recruits could be raised to join the army; the people wished to acquire independence, but was very ill disposed to undergo the privations by which alone it could be obtained.
“Tax laws,” says Hamilton in the Federalist (No. 12), “have in vain been multiplied; new methods to enforce the collection have in vain been tried; the public expectation has been uniformly disappointed; and the treasuries of the states have remained empty. The popular system of administration inherent in the nature of popular government, coinciding with the real scarcity of money incident to a languid and mutilated state of trade, has hitherto defeated every experiment for extensive collections, and has at length taught the different legislatures the folly of attempting them.”
The United States have not had any serious war to carry on since that period. In order, therefore, to appreciate the sacrifices which democratic nations may impose upon themselves, we must wait until the American people is obliged to put half its entire income at the disposal of the government, as was done by the English; or until it sends forth a twentieth part of its population to the field of battle, as was done by France.
In America the use of conscription is unknown, and men are induced to enlist by bounties. The notions and habits of the people of the United States are so opposed to compulsory enlistments, that I do not imagine that it can ever be sanctioned by the laws. What is termed the conscription in France is assuredly the heaviest tax upon the population of that country; yet how could a great continental war be carried on without it?
The Americans have not adopted the British impressment of seamen, and they have nothing which corresponds to the French system of maritime conscription; the navy, as well as the merchant service, is supplied by voluntary engagement. But it is not easy to conceive how a people can sustain a great maritime war, without having recourse to one or the other of these two systems.
Indeed, the Union, which has fought with some honor upon the seas, has never possessed a very numerous fleet, and the equipment of the small number of American vessels has always been excessively expensive.
[The remark that “in America the use of conscription is unknown, and men are induced to enlist by bounties,” is not exactly correct. During the last war with Great Britain, the state of New York, in October, 1814 (see the laws of that session, p. 15), passed an act to raise troops for the defence of the state, in which the whole body of the militia were directed to be classed, and each class to furnish one soldier, so as to make up the whole number of 12,000 directed to be raised. In case of the refusal of a class to furnish a man, one was to be detached from them by ballot, and was compelled to procure a substitute or serve personally. The intervention of peace rendered proceedings under the act unnecessary, and we have not, therefore, the light of experience to form an opinion whether such a plan of raising a military force is practicable. Other states passed similar laws.
The system of classing was borrowed from the practice of the revolution.—_American Editor_.]
I have heard American statesmen confess that the Union will have great difficulty in maintaining its rank on the seas, without adopting the system of impressment or of maritime conscription; but the difficulty is to induce the people, which exercises the supreme authority, to submit to impressment or any compulsory system.
It is incontestable, that in times of danger a free people displays far more energy than one which is not so. But I incline to believe, that this is more especially the case in those free nations in which the democratic element preponderates. Democracy appears to me to be much better adapted for the peaceful conduct of society, or for an occasional effort of remarkable vigor, than for the hardy and prolonged endurance of the storms which beset the political existence of nations. The reason is very evident; it is enthusiasm which prompts men to expose themselves to dangers and privations; but they will not support them long without reflection. There is more calculation, even in the impulses of bravery, than is generally attributed to them; and although the first efforts are suggested by passion, perseverance is maintained by a distinct regard of the purpose in view. A portion of what we value is exposed, in order to save the remainder.
But it is this distinct perception of the future, founded upon a sound judgment and an enlightened experience, which is most frequently wanting in democracies. The populace is more apt to feel than to reason; and if its present sufferings are great, it is to be feared that the still greater sufferings attendant upon defeat will be forgotten.
Another cause tends to render the efforts of a democratic government less persevering than those of an aristocracy, Not only are the lower classes less awakened than the higher orders to the good or evil chances of the future, but they are liable to suffer far more acutely from present privations. The noble exposes his life, indeed, but the chance of glory is equal to the chance of harm. If he sacrifices a large portion of his income to the state, he deprives himself for a time of the pleasure of affluence; but to the poor man death is embellished by no pomp or renown; and the imposts which are irksome to the rich are fatal to him.
This relative impotence of democratic republics is, perhaps, the greatest obstacle to the foundation of a republic of this kind in Europe. In order that such a state should subsist in one country of the Old World, it would be necessary that similar institutions should be introduced into all the other nations.
I am of opinion that a democratic government tends in the end to increase the real strength of society; but it can never combine, upon a single point and at a given time, so much power as an aristocracy or a monarchy. If a democratic country remained during a whole century subject to a republican government, it would probably at the end of that period be more populous and more prosperous than the neighboring despotic states. But it would have incurred the risk of being conquered much oftener than they would in that lapse of years.
* * * * * SELF-CONTROL OF THE AMERICAN DEMOCRACY.The American People acquiesces slowly, or frequently does not acquiesce in what is beneficial to its Interests.—The faults of the American Democracy are for the most part reparable.
The difficulty which a democracy has in conquering the passions, and in subduing the exigencies of the moment, with a view to the future, is conspicuous in the most trivial occurrences in the United States. The people which is surrounded by flatterers, has great difficulty in surmounting its inclinations; and whenever it is solicited to undergo a privation or any kind of inconvenience, even to attain an end which is sanctioned by its own rational conviction, it almost always refuses to comply at first. The deference of the Americans to the laws has been very justly applauded; but it must be added, that in America the legislation is made by the people and for the people. Consequently, in the United States, the law favors those classes which are most interested in evading it elsewhere. It may therefore be supposed that an offensive law, which should not be acknowledged to be one of immediate utility, would either not be enacted or would not be obeyed.
In America there is no law against fraudulent bankruptcies; not because they are few, but because there are a great number of bankruptcies. The dread of being prosecuted as a bankrupt acts with more intensity upon the mind of the majority of the people, than the fear of being involved in losses or ruin by the failure of other parties; and a sort of guilty tolerance is extended by the public conscience, to an offence which every one condemns in his individual capacity. In the new states of the southwest, the citizens generally take justice into their own hands, and murders are of very frequent occurrence. This arises from the rude manners and the ignorance of the inhabitants of those deserts, who do not perceive the utility of investing the law with adequate force, and who prefer duels to prosecutions.
Some one observed to me one day, in Philadelphia, that almost all crimes in America are caused by the abuse of intoxicating liquors, which the lower classes can procure in great abundance from their excessive cheapness.—“How comes it,” said I, “that you do not put a duty upon brandy?”—“Our legislators,” rejoined my informant, “have frequently thought of this expedient; but the task of putting it in operation is a difficult one: a revolt might be apprehended; and the members who should vote for a law of this kind would be sure of losing their seats.”—“Whence I am to infer,” I replied, “that the drinking population constitutes the majority in your country and that temperance is somewhat unpopular.”
When these things are pointed out to the American statesmen, they content themselves with assuring you that time will operate the necessary change, and that the experience of evil will teach the people its true interests. This is frequently true; although a democracy is more liable to error than a monarch or a body of nobles, the chances of its regaining the right path, when once it has acknowledged
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