American Institutions and Their Influence by Alexis de Tocqueville (most popular ebook readers .txt) 📕

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Thus the tyranny of the states obliges the savages to retire, the Union, by its promises and resources facilitates their retreat; and these measures tend to precisely the same end.[Footnote: To obtain a correct idea of the policy pursued by the several states and the Union with respect to the Indians, it is necessary to consult, 1st, “The laws of the colonial and state governments relating to the Indian inhabitants.” (See the legislative documents, 21st congress, No. 319.) 2d, “The laws of the Union on the same subject, and especially that of March 20th, 1802.”

(See Story’s Laws of the United States.) 3d, “The report of Mr. Cass, secretary of war, relative to Indian affairs, November 29th, 1823.”

] “By the will of our Father in heaven, the governor of the whole world,” said the Cherokees in their petition to congress,[Footnote:

December 18th, 1829.

] “the red man of America has become small, and the white man great and renowned. When the ancestors of the people of these United States first came to the shores of America, they found the red man strong: though he was ignorant and savage, yet he received them kindly, and gave them dry land to rest their weary feet. They met in peace, and shook hands in token of friendship.

Whatever the white man wanted and asked of the Indian, the latter willingly gave. At that time the Indian was the lord, and the white man the suppliant. But now the scene has changed. The strength of the red man has become weakness. As his neighbors increased in numbers, his power became less and less, and now, of the many and powerful tribes who once covered the United States, only a few are to be seen—a few whom a sweeping pestilence had left. The northern tribes, who were once so numerous and powerful, are now nearly extinct. Thus it has happened to the red man of America. Shall we, who are remnants, share the same fate?

“The land on which we stand we have received as an inheritance from our fathers who possessed it from time immemorial, as a gift from our common Father in heaven. They bequeathed it to us as their children, and we have sacredly kept it, as containing their remains. This right of inheritance we have never ceded, nor ever forfeited. Permit us to ask what better right can the people have to a country than the right of inheritance and immemorial peaceable possession? We know it is said of late by the state of Georgia and by the executive of the United States, that we have forfeited this right; but we think it is said gratuitously. At what time have we made the forfeit? What great crime have we committed, whereby we must for ever be divested of our country and rights? Was it when we were hostile to the United States, and took part with the king of Great Britain, during the struggle for independence? If so, why was not this forfeiture declared in the first treaty which followed that war? Why was not such an article as the following inserted in the treaty: ‘The United States give peace to the Cherokees, but for the part they took in the last war, declare them to be but tenants at will, to be removed when the convenience of the states, within whose chartered limits they live, shall require it?’ That was the proper time to assume such a possession. But it was not thought of, nor would our forefathers have agreed to any treaty, whose tendency was to deprive them of their rights and their country.”

Such is the language of the Indians: their assertions are true, their forebodings inevitable. From whichever side we consider the destinies of the aborigines of North America, their calamities appear to be irremediable: if they continue barbarous, they are forced to retire: if they attempt to civilize their manners, the contact of a more civilized community subjects them to oppression and destitution. They perish if they continue to wander from waste to waste, and if they attempt to settle, they still must perish; the assistance of Europeans is necessary to instruct them, but the approach of Europeans corrupts and repels them into savage life; they refuse to change their habits as long as their solitudes are their own, and it is too late to change them when they are constrained to submit.

The Spaniards pursued the Indians with blood-hounds, like wild beasts; and they sacked the New World with no more temper or compassion than a city taken by storm: but destruction must cease, and phrensy be stayed; the remnant of the Indian population, which had escaped the massacre, mixed with its conquerors and adopted their religion and manners.[Footnote: The honor of this result is, however, by no means due to the Spaniards. If the Indian tribes had not been tillers of the ground at the time of the arrival of the Europeans, they would unquestionably have been destroyed in South as well as in North America.

] The conduct of the Americans of the United States towards the aborigines is characterized, on the other hand, by a singular attachment to the formalities of law. Provided that the Indians retain their barbarous condition, the Americans take no part in their affairs: they treat them as independent nations, and do not possess themselves of their hunting grounds without a treaty of purchase; and if an Indian nation happens to be so encroached upon as to be unable to subsist upon its territory, they afford it brotherly assistance in transporting it to a grave sufficiently remote from the land of its fathers.

The Spaniards were unable to exterminate the Indian race by those unparalleled atrocities which brand them with indelible shame, nor did they even succeed in wholly depriving it of its rights; but the Americans of the United States have accomplished this twofold purpose with singular felicity; tranquilly, legally, philanthropically, without shedding blood, and without violating a single great principle of morality in the eyes of the world.[Footnote:

See among other documents, the report made by Mr. Bell in the name of the committee on Indian affairs, Feb. 24th, 1830, in which it is most logically established and most learnedly proved, that “the fundamental principle, that the Indians had no right by virtue of their ancient possession either of will or sovereignty, has never been abandoned either expressly or by implication.”

In perusing this report, which is evidently drawn up by an able hand, one is astonished at the facility with which the author gets rid of all arguments founded upon reason and natural right, which he designates as abstract and theoretical principles. The more I contemplate the difference between civilized and uncivilized man with regard to the principles of justice, the more I observe that the former contests the justice of those rights, which the latter simply violates.

] It is impossible to destroy men with more respect for the laws of humanity.

Why it is more difficult to abolish Slavery, and to efface all Vestiges of it among the Moderns, than it was among the Ancients.—In the United States the prejudices of the Whites against the Blacks seem to increase in Proportion as Slavery is abolished.—Situation of the Negroes in the Northern and Southern States.—Why the Americans abolish Slavery.—Servitude, which debases the Slave, impoverishes the Master.—Contrast between the left and the right Bank of the Ohio.—To what attributable.—The black Race, as well as Slavery, recedes toward the South.—Explanation of this fact.—Difficulties attendant upon the Abolition of Slavery in the South.—Dangers to come.—General Anxiety.—Foundation of a black Colony in Africa.—Why the Americans of the South increase the Hardships of Slavery, while they are distressed at its Continuance.

The Indians will perish in the same isolated condition in which they have lived; but the destiny of the negroes is in some measure interwoven with that of the Europeans. These two races are attached to each other without intermingling; and they are alike unable entirely to separate or to combine. The most formidable of all the ills which threaten the future existence of the United States, arises from the presence of a black population upon its territory; and in contemplating the causes of the present embarrassments or of the future dangers of the United States, the observer is invariably led to consider this as a primary fact.

The permanent evils to which mankind is subjected are usually produced by the vehement or the increasing efforts of men; but there is one calamity which penetrated furtively into the world, and which was at first scarcely distinguishable amid the ordinary abuses of power: it originated with an individual whose name history has not preserved; it was wafted like some accursed germ upon a portion of the soil, but it afterward nurtured itself, grew without effort, and spreads naturally with the society to which it belongs. I need scarcely add that this calamity is slavery. Christianity suppressed slavery, but the Christians of the sixteenth century re-established it—as an exception, indeed, to their social system, and restricted to one of the races of mankind; but the wound thus inflicted upon humanity, though less extensive, was at the same time rendered far more difficult of cure.

It is important to make an accurate distinction between slavery itself and its consequences. The immediate evils which are produced by slavery were very nearly the same in antiquity as they are among the moderns; but the consequences of these evils were different. The slave, among the ancients, belonged to the same race as his master, and he was often the superior of the two in education[Footnote:

It is well known that several of the most distinguished authors of antiquity, and among them �sop and Terence, were or had been slaves. Slaves were not always taken from barbarous nations, and the chances of war reduced highly civilized men to servitude.

] and instruction. Freedom was the only distinction between them; and when freedom was conferred, they were easily confounded together. The ancients, then, had a very simple means of avoiding slavery and its evil consequences, which was that of enfranchisement; and they succeeded as soon as they adopted this measure generally. Not but, in ancient states, the vestiges of servitude subsisted for some time after servitude was abollished.

There is a natural prejudice which prompts men to despise whomsoever has been their inferior, long after he has become their equal; and the real inequality which is produced by fortune or by law, is always succeeded by an imaginary inequality which is implanted in the manners of the people. Nevertheless, this secondary consequence of slavery was limited to a certain term among the ancients; for the freedman bore so entire a resemblance to those born free, that it soon became impossible to distinguish him from among them.

The greatest difficulty in antiquity was that of altering the law; among the moderns it is of altering the manners; and, as far as we are concerned, the real obstacles begin where those of the ancients left off. This arises from the circumstance that, among the moderns, the abstract