American Institutions and Their Influence Part 29

In America, the majority raises very formidable barriers to the liberty of opinion: within these barriers an author may write whatever he pleases, but he will repent it if he ever step beyond them. Not that he is exposed to the terrors of an auto-da-fe, but he is tormented by the slights and persecutions of daily obloquy. His political career is closed for ever, since he has offended the only authority which is able to promote his success. Every sort of compensation, even that of celebrity, is refused to him. Before he published his opinions, he imagined that he held them in common with many others; but no sooner has he declared them openly, than he is loudly censured by his overbearing opponents, while those who think, without having the courage to speak, like him, abandon him in silence. He yields at length, oppressed by the daily efforts he has been making, and he subsides into silence as if he was tormented by remorse for having spoken the truth.

Fetters and headsmen were the coa.r.s.e instruments which tyranny formerly employed; but the civilisation of our age has refined the arts of despotism, which seemed however to have been sufficiently perfected before. The excesses of monarchical power had devised a variety of political means of oppression; the democratic republics of the present day have rendered it as entirely an affair of the mind, as that will which it is intended to coerce. Under the absolute sway of an individual despot, the body was attacked in order to subdue the soul; and the soul escaped the blows which were directed against it, and rose superior to the attempt; but such is not the course adopted by tyranny in democratic republics; there the body is left free, and the soul is enslaved. The sovereign can no longer say, "You shall think as I do on pain of death;"

but he says, "You are free to think differently from me, and to retain your life, your property, and all that you possess; but if such be your determination, you are henceforth an alien among your people. You may retain your civil rights, but they will be useless to you, for you will never be chosen by your fellow-citizens, if you solicit their suffrages; and they will affect to scorn you, if you solicit their esteem. You will remain among men, but you will be deprived of the rights of mankind.

Your fellow-creatures will shun you like an impure being; and those who are most persuaded of your innocence will abandon you too, lest they should be shunned in their turn. Go in peace! I have given you your life, but it is an existence incomparably worse than death."

Absolute monarchies have thrown an odium upon despotism; let us beware lest democratic republics should restore oppression, and should render it less odious and less degrading in the eyes of the many, by making it still more onerous to the few.

Works have been published in the proudest nations of the Old World, expressly intended to censure the vices and deride the follies of the time; Labruyere inhabited the palace of Louis XIV. when he composed his chapter upon the Great, and Moliere criticised the courtiers in the very pieces which were acted before the court. But the ruling power in the United States is not to be made game of; the smallest reproach irritates its sensibility, and the slightest joke which has any foundation in truth, renders it indignant; from the style of its language to the more solid virtues of its character, everything must be made the subject of encomium. No writer, whatever be his eminence, can escape from this tribute of adulation to his fellow-citizens. The majority lives in the perpetual exercise of self-applause; and there are certain truths which the Americans can only learn from strangers or from experience.

If great writers have not at present existed in America, the reason is very simply given in these facts; there can be no literary genius without freedom of opinion, and freedom of opinion does not exist in America. The inquisition has never been able to prevent a vast number of anti-religious books from circulating in Spain. The empire of the majority succeeds much better in the United States, since it actually removes the wish of publishing them. Unbelievers are to be met with in America, but, to say the truth, there is no public organ of infidelity.

Attempts have been made by some governments to protect the morality of nations by prohibiting licentious books. In the United States no one is punished for this sort of works, but no one is induced to write them; not because all the citizens are immaculate in their manners, but because the majority of the community is decent and orderly.

In these cases the advantages derived from the exercise of this power are unquestionable; and I am simply discussing the nature of the power itself. This irresistible authority is a constant fact, and its beneficent exercise is an accidental occurrence.

EFFECTS OF THE TYRANNY OF THE MAJORITY UPON THE NATIONAL CHARACTER IN THE AMERICANS.

Effects of the Tyranny of the Majority more sensibly felt hitherto in the Manners than in the Conduct of Society.--They check the development of leading Characters.--Democratic Republics, organized like the United States, bring the Practice of courting favor within the reach of the many.--Proofs of this Spirit in the United States.--Why there is more Patriotism in the People than in those who govern in its name.

The tendencies which I have just alluded to are as yet very slightly perceptible in political society; but they already begin to exercise an unfavorable influence upon the national character of the Americans. I am inclined to attribute the paucity of distinguished political characters to the ever-increasing activity of the despotism of the majority in the United States.

When the American revolution broke out, they arose in great numbers; for public opinion then served, not to tyrannize over, but to direct the exertions of individuals. Those celebrated men took a full part in the general agitation of mind common at that period, and they attained a high degree of personal fame, which was reflected back upon the nation, but which was by no means borrowed from it.

In absolute governments, the great n.o.bles who are nearest to the throne flatter the pa.s.sions of the sovereign, and voluntarily truckle to his caprices. But the ma.s.s of the nation does not degrade itself by servitude; it often submits from weakness, from habit, or from ignorance, and sometimes from loyalty. Some nations have been known to sacrifice their own desires to those of the sovereign with pleasure and with pride; thus exhibiting a sort of independence in the very act of submission. These peoples are miserable, but they are not degraded.

There is a great difference between doing what one does not approve, and feigning to approve what one does; the one is the necessary case of a weak person, the other befits the temper of a lacquey.

In free countries, where every one is more or less called upon to give his opinions in the affairs of state; in democratic republics, where public life is incessantly commingled with domestic affairs, where the sovereign authority is accessible on every side, and where its attention can almost always be attracted by vociferation, more persons are to be met with who speculate upon its foibles, and live at the cost of its pa.s.sions, than in absolute monarchies. Not because men are naturally worse in these states than elsewhere, but the temptation is stronger, and of easier access at the same time. The result is a far more extensive debas.e.m.e.nt of the characters of citizens.

Democratic republics extend the practice of currying favor with the many, and they introduce it into a great number of cla.s.ses at once: this is one of the most serious reproaches that can be addressed to them. In democratic states organized on the principles of the American republics, this is more especially the case, where the authority of the majority is so absolute and so irresistible, that a man must give up his rights as a citizen, and almost abjure his quality as a human being, if he intends to stray from the track which it lays down.

In that immense crowd which throngs the avenues to power in the United States, I found very few men who displayed any of that manly candor, and that masculine independence of opinion, which frequently distinguished the Americans in former times, and which const.i.tute the leading feature in distinguished characters wheresoever they may be found. It seems, at first sight, as if all the minds of the Americans were formed upon one model, so accurately do they correspond in their manner of judging. A stranger does, indeed, sometimes meet with Americans who dissent from these rigorous formularies; with men who deplore the defects of the laws, the mutability and the ignorance of democracy; who even go so far as to observe the evil tendencies which impair the national character, and to point out such remedies as it might be possible to apply; but no one is there to hear these things besides yourself, and you, to whom these secret reflections are confided, are a stranger and a bird of pa.s.sage. They are very ready to communicate truths which are useless to you, but they continue to hold a different language in public.

If ever these lines are read in America, I am well a.s.sured of two things: in the first place, that all who peruse them will raise their voices to condemn me; and in the second place, that very many of them will acquit me at the bottom of their conscience.

[The author's views upon what he terms the tyranny of the majority, the despotism of public opinion in the United States, have already excited some remarks in this country, and will probably give occasion to more.

As stated in the preface to this edition, the editor does not conceive himself called upon to discuss the speculative opinions of the author and supposes he will best discharge his duty by confining his observations to what he deems errors of fact or law. But in reference to this particular subject, it seems due to the author to remark, that he visited the United States at a particular time, when a successful political chieftain had succeeded in establishing his party in power, as it seemed, firmly and permanently; when the preponderance of that party was immense, and when there seemed little prospect of any change. He may have met with men, who sank under the astonishing popularity of General Jackson, who despaired of the republic, and who therefore shrank from the expression of their opinions. It must be confessed, however, that the author is obnoxious to the charge which has been made, of the want of perspicuity and distinctness in this part of his work. He does not mean that the press was silent, for he has himself not only noticed, but furnished proof of the great freedom, not to say licentiousness, with which it a.s.sailed the character of the president, and the measures of his administration.

He does not mean to represent the opponents of the dominant party as having thrown down their weapons of warfare, for his book shows throughout his knowledge of the existence of an active and able party, constantly opposing and hara.s.sing the administration.

But, after a careful perusal of the chapters on this subject, the editor is inclined to the opinion, that M. De Tocqueville intends to speak of the _tyranny of the party_ in excluding from public employment all those who do not adopt the _Shibboleth_ of the majority. The language at pp.

266, 267, which he puts in the mouth of a majority, and his observations immediately preceding this note, seem to furnish the key to his meaning; although it must be admitted that there are other pa.s.sages to which a wider construction may be given. Perhaps they may be reconciled by the idea that the author considers the acts and opinions of the dominant party as the just and true expression of public opinion. And hence, when he speaks of the intolerance of public opinion, he means the exclusiveness of the party, which, for the time being, may be predominant. He had seen men of acknowledged competency removed from office, or excluded from it, wholly on the ground of their entertaining opinions hostile to those of the dominant party, or majority. And he had seen this system extended to the very lowest officers of the government, and applied by the electors in their choice of all officers of all descriptions; and this he deemed persecution--tyranny--despotism. But he surely is mistaken in representing the effect of this system of terror as stifling all complaint, silencing all opposition, and inducing "enemies and friends to yoke themselves alike to the triumphant car of the majority." He mistook a temporary state of parties for a permanent and ordinary result, and he was carried away by the immense majority that then supported the administration, to the belief of a universal acquiescence. Without intending here to speak of the merits or demerits of those who represented that majority, it is proper to remark, that the great change which has taken place since the period when the author wrote, in the political condition of the very persons who he supposed then wielded the terrors of disfranchis.e.m.e.nt against their opponents, in itself furnishes a full and complete demonstration of the error of his opinions respecting the "true independence of mind and freedom of discussion" in America. For without such discussion to enlighten the minds of the people, and without a stern independence of the rewards and threats of those in power, the change alluded to could not have occurred.

There is reason to complain not only of the ambiguity, but of the style of exaggeration which pervades all the remarks of the author on this subject--so different from the well considered and nicely adjusted language employed by him on all other topics. Thus, p. 262, he implies that there is no means of redress afforded even by the judiciary, for a wrong committed by the majority. His error is, _first_, in supposing the jury to const.i.tute the judicial power; _second_, overlooking what he has himself elsewhere so well described, the independence of the judiciary, and its means of controlling the action of a majority in a state or in the federal government; and _thirdly_, in omitting the proper consideration of the frequent changes of popular sentiment by which the majority of yesterday becomes the minority of to-day, and its acts of injustice are reversed.

Certain it is that the instances which he cites at this page, do not establish his position respecting the disposition of the majority. The riot at Baltimore was, like other riots in England and in France, the result of popular phrensy excited to madness by conduct of the most provoking character. The majority in the state of Maryland and throughout the United States, highly disapproved the acts of violence committed on the occasion. The acquittal by a jury of those arraigned for the murder of General Lingan, proves only that there was not sufficient evidence to identify the accused, or that the jury was governed by pa.s.sion. It is not perceived how the majority of the people are answerable for the verdicts rendered. The guilty have often been erroneously acquitted in all countries, and in France particularly, recent instances are not wanting of acquittals especially in prosecutions for political offences, against clear and indisputable testimony. And it was entirely fortuitous that the jury was composed of men whose sympathies were with the rioters and murderers, if the fact was so. It not unfrequently happens that a jury taken from lists furnished years perhaps, and always a long time, before the trial, are decidedly hostile to the temporary prevailing sentiments of their city, county, or state.

As in the other instance, if the inhabitant of Pennsylvania intended to intimate to our author, that a colored voter would be in personal jeopardy for venturing to appear at the polls to exercise his right, it must be said in truth, that the incident was local and peculiar, and contrary to what is annually seen throughout the states where colored persons are permitted to vote, who exercise that privilege with as full immunity from injury or oppression, as any white citizen. And, after all, it is believed that the state of feeling intimated by the informant of our author, is but an indication of dislike to a _caste_ degraded by servitude and ignorance; and it is not perceived how it proves the despotism of a majority over the freedom and independence of opinion.

If it be true, it proves a detestable tyranny over _acts_, over the exercise of an acknowledged right. The apprehensions of a mob committing violence deterred the colored voters from approaching the polls. Are instances unknown in England or even in France, of peaceable subjects being prevented by mobs or the fear of them, from the exercise of a right, from the discharge of a duty? And are they evidences of the despotism of a majority in those countries?--_American Editor._]

I have heard of patriotism in the United States, and it is a virtue which may be found among the people, but never among the leaders of the people. This may be explained by a.n.a.logy; despotism debases the oppressed, much more than the oppressor; in absolute monarchies the king has often great virtues, but the courtiers are invariably servile. It is true that the American courtiers do not say, "sire," or "your majesty"--a distinction without a difference. They are for ever talking of the natural intelligence of the populace they serve; they do not debate the question as to which of the virtues of their master are pre-eminently worthy of admiration; for they a.s.sure him that he possesses all the virtues under heaven without having acquired them, or without caring to acquire them: they do not give him their daughters and their wives to be raised at his pleasure to the rank of his concubines, but, by sacrificing their opinions, they prost.i.tute themselves.

Moralists and philosophers in America are not obliged to conceal their opinions under the veil of allegory; but, before they venture upon a harsh truth, they say: "We are aware that the people which we are addressing is too superior to all the weaknesses of human nature to lose the command of its temper for an instant; and we should not hold this language if we were not speaking to men, whom their virtues and their intelligence render more worthy of freedom than all the rest of the world."

It would have been impossible for the sycophants of Louis XIV. to flatter more dexterously. For my part, I am persuaded that in all governments, whatever their nature may be, servility will cower to force, and adulation will cling to power. The only means of preventing men from degrading themselves, is to invest no one with that unlimited authority which is the surest method of debasing them.

THE GREATEST DANGERS OF THE AMERICAN REPUBLICS PROCEED FROM THE UNLIMITED POWER OF THE MAJORITY.

Democratic Republics liable to perish from a misuse of their Power, and not by Impotence.--The Governments of the American Republics are more Centralized and more Energetic than those of the Monarchies of Europe.--Dangers resulting from this.--Opinions of Hamilton and Jefferson upon this Point.

Governments usually fall a sacrifice to impotence or to tyranny. In the former case their power escapes from them: it is wrested from their grasp in the latter. Many observers who have noticed the anarchy of domestic states, have imagined that the government of those states was naturally weak and impotent. The truth is, that when once hostilities are begun between parties, the government loses its control over society. But I do not think that a democratic power is naturally without resources: say rather, that it is almost always by the abuse of its force, and the misemployment of its resources, that a democratic government fails. Anarchy is almost always produced by its tyranny or its mistakes, but not by its want of strength.

It is important not to confound stability with force, or the greatness of a thing with its duration. In democratic republics, the power which directs[186] society is not stable; for it often changes hands and a.s.sumes a new direction. But whichever way it turns, its force is almost irresistible. The governments of the American republics appear to me to be as much centralized as those of the absolute monarchies of Europe, and more energetic than they are. I do not, therefore, imagine that they will perish from weakness.[187]

If ever the free inst.i.tutions of America are destroyed, that event may be attributed to the unlimited authority of the majority, which may at some future time urge the minorities to desperation, and oblige them to have recourse to physical force. Anarchy will then be the result, but it will have been brought about by despotism.

Mr. Hamilton expresses the same opinion in the Federalist, No. 51.

"It is of great importance in a republic not only to guard the society against the oppression of its rulers, but to guard one part of the society against the injustice of the other part. Justice is the end of government. It is the end of civil society. It ever has been, and ever will be pursued until it be obtained, or until liberty be lost in the pursuit. In a society, under the forms of which the stronger faction can readily unite and oppress the weaker, anarchy may as truly be said to reign as in a state of nature, where the weaker individual is not secured against the violence of the stronger: and as in the latter state even the stronger individuals are prompted by the uncertainty of their condition to submit to a government which may protect the weak as well as themselves, so in the former state will the more powerful factions be gradually induced by a like motive to wish for a government which will protect all parties, the weaker as well as the more powerful. It can be little doubted, that if the state of Rhode Island was separated from the confederacy and left to itself, the insecurity of rights under the popular form of government within such narrow limits, would be displayed by such reiterated oppression of the factious majorities, that some power altogether independent of the people would soon be called for by the voice of the very factions whose misrule had proved the necessity of it."

Jefferson has also expressed himself in a letter to Madison:[188] "The executive power in our government is not the only, perhaps not even the princ.i.p.al object of my solicitude. The tyranny of the legislature is really the danger most to be feared, and will continue to be so for many years to come. The tyranny of the executive power will come in its turn, but at a more distant period."

I am glad to cite the opinion of Jefferson upon this subject rather than that of another, because I consider him to be the most powerful advocate democracy has ever sent forth.

Notes:

[182] We observed in examining the federal const.i.tution that the efforts of the legislators of the Union had been diametrically opposed to the present tendency. The consequence has been that the federal government is more independent in its sphere than that of the states. But the federal government scarcely ever interferes in any but external affairs; and the governments of the states are in reality the authorities which direct society in America.

[183] The legislative acts promulgated by the state of Ma.s.sachusetts alone, from the year 1780 to the present time, already fill three stout volumes: and it must not be forgotten that the collection to which I allude was published in 1823, when many old laws which had fallen into disuse were omitted. The state of Ma.s.sachusetts, which is not more populous than a department of France, may be considered as the most stable, the most consistent, and the most sagacious in its undertakings of the whole Union.

[184] No one will a.s.sert that a people cannot forcibly wrong another people: but parties may be looked upon as lesser nations within a greater one, and they are aliens to each other: if therefore it be admitted that a nation can act tyrannically toward another nation, it cannot be denied that a party may do the same toward another party.

[185] A striking instance of the excesses which may be occasioned by the despotism of the majority occurred at Baltimore in the year 1812.

At that time the war was very popular in Baltimore. A journal which had taken the other side of the question excited the indignation of the inhabitants by its opposition. The populace a.s.sembled, broke the printing-presses, and attacked the houses of the newspaper editors. The militia was called out, but no one obeyed the call; and the only means of saving the poor wretches who were threatened by the phrensy of the mob, was to throw them into prison as common malefactors. But even this precaution was ineffectual; the mob collected again during the night; the magistrates again made a vain attempt to call out the militia; the prison was forced, one of the newspaper editors was killed upon the spot, and the others were left for dead: the guilty parties were acquitted by the jury when they were brought to trial.

I said one day to an inhabitant of Pennsylvania: "Be so good as to explain to me how it happens, that in a state founded by quakers, and celebrated for its toleration, freed blacks are not allowed to exercise civil rights. They pay the taxes: is it not fair that they should have a vote."

"You insult us," replied my informant, "if you imagine that our legislators could have committed so gross an act of injustice and intolerance."

"What, then, the blacks possess the right of voting in this country?"

"Without the smallest doubt."

"How comes it then, that at the polling-booth this morning I did not perceive a single negro in the whole meeting?"

"This is not the fault of the law; the negroes have the undisputed right of voting; but they voluntarily abstain from making their appearance."