American Institutions and Their Influence Part 1

American Inst.i.tutions and Their Influence.

by Alexis de Tocqueville et al.

ADVERTIs.e.m.e.nT.

The American publishers of M. De Tocqueville's "Democracy in America,"

have been frequently solicited to furnish the work in a form adapted to seminaries of learning, and at a price which would secure its more general circulation, and enable trustees of School District Libraries, and other libraries, to place it among their collections. Desirous to attain these objects, they have consulted several gentlemen, in whose judgment they confided, and particularly the editor of the American editions, to ascertain whether the work was capable of abridgment or condensation, so as to bring the expense of its publication within the necessary limits. They are advised that the nature of the work renders it impossible to condense it by omitting any remarks or ill.u.s.trations of the author upon any subject discussed by him, even if common justice to him did not forbid any such attempt; and that the only mode of reducing its bulk, is to exclude wholly such subjects as are deemed not to be essential.

It will be recollected that the first volume was originally published separately, and was complete in itself. It treated of the influence of democracy upon the political inst.i.tutions of the United States, and exhibited views of the nature of our government, and of their complicated machinery, so new, so striking, and so just, as to excite the admiration and even the wonder of our countrymen. It was universally admitted to be the best, if not the first systematic and philosophic view of the great principles of our const.i.tutions which has been presented to the world. As a treatise upon the spirit of our governments, it was full and finished, and was deemed worthy of being introduced as a text-book in some of our Seminaries of Learning.

The publication of the first volume alone would therefore seem to be sufficient to accomplish in the main the objects of the publishers above stated.

And upon a careful re-examination of the second volume, this impression is confirmed. It is entirely independent of the first volume, and is in no way essential to a full understanding of the principles and views contained in that volume. It discusses the effects of the democratic principle upon the tastes, feelings, habits, and manners of the Americans; and although deeply interesting and valuable, yet the observations of the author on these subjects are better calculated for foreign countries than for our own citizens. As he wrote for Europe they were necessary to his plan. They follow naturally and properly the profound views which had already been presented, and which they carry out and ill.u.s.trate. But they furnish no new developments of those views, nor any facts that would be new to us.

The publishers were therefore advised that the printing of the first volume complete and entire, was the only mode of attaining the object they had in view. They have accordingly determined to adopt that course, intending, if the public sentiment should require it, hereafter to print the second volume in the same style, so that both may be had at the same moderate price.

A few notes, in addition to those contained in the former editions, have been made by the American editor, which upon a reperusal of the volume seemed useful if not necessary: and some statistical results of the census of 1840 have been added, in connection with similar results given by the author from returns previous to that year.

PREFACE TO THE AMERICAN EDITION.

The following work of M. DE TOCQUEVILLE has attracted great attention throughout Europe, where it is universally regarded as a sound, philosophical, impartial, and remarkably clear and distinct view of our political inst.i.tutions, and of our manners, opinions, and habits, as influencing or influenced by those inst.i.tutions. Writers, reviewers, and statesmen of all parties, have united in the highest commendations of its ability and integrity. The people, described by a work of such a character, should not be the only one in Christendom unacquainted with its contents. At least, so thought many of our most distinguished men, who have urged the publishers of this edition to reprint the work, and present it to the American public. They have done so in the hope of promoting among their countrymen a more thorough knowledge of their frames of government, and a more just appreciation of the great principles on which they are founded.

But it seemed to them that a reprint in America of the views of an author so well ent.i.tled to regard and confidence, without any correction of the few errors or mistakes that might be found, would be in effect to give authenticity to the whole work, and that foreign readers, especially, would consider silence, under such circ.u.mstances, as strong evidence of the accuracy of its statements. The preface to the English edition, too, was not adapted to this country, having been written, as it would seem, in reference to the political questions which agitate Great Britain. The publishers, therefore, applied to the writer of this, to furnish them with a short preface, and such notes upon the text as might appear necessary to correct any erroneous impressions. Having had the honor of a personal acquaintance with M. DE TOCQUEVILLE while he was in this country; having discussed with him many of the topics treated of in this book; having entered deeply into the feelings and sentiments which guided and impelled him in his task, and having formed a high admiration of his character and of this production, the writer felt under some obligation to aid in procuring for one whom he ventures to call his friend, a hearing from those who were the subjects of his observations. These circ.u.mstances furnish to his own mind an apology for undertaking what no one seemed willing to attempt, notwithstanding his want of practice in literary composition, and notwithstanding the impediments of professional avocations, constantly recurring, and interrupting that strict and continued examination of the work, which became necessary, as well to detect any errors of the author, as any misunderstanding or misrepresentation of his meaning by his translator.

If the same circ.u.mstances will atone in the least for the imperfections of what the editor has contributed to this edition, and will serve to mitigate the severity of judgment upon those contributions, it is all he can hope or ask.

The NOTES are confined, with very few exceptions, to the correction of what appeared to be misapprehensions of the author in regard to some matters of fact, or some principles of law, and to explaining his meaning where the translator had misconceived it. For the latter purpose the original was consulted; and it affords great pleasure to bear witness to the general fidelity with which Mr. REEVE has transferred the author's ideas from French into English. He has not been a literal translator, and this has been the cause of the very few errors which have been discovered: but he has been more and better: he has caught the spirit of M. DE TOCQUEVILLE, has understood the sentiment he meant to express, and has clothed it in the language which M. DE TOCQUEVILLE would have himself used, had he possessed equal facility in writing the English language.

Being confined to the objects before mentioned, the reader will not find any comments on the theoretical views of our author. He has discussed many subjects on which very different opinions are entertained in the United States; but with an ability, a candor, and an evident devotion to the cause of truth, which will commend his views to those who most radically dissent from them. Indeed, readers of the most discordant opinions will find that he frequently agrees with both sides, and as frequently differs from them. As an instance, his remarks on slavery will not be found to coincide throughout with the opinions either of abolitionists or of slaveholders: but they will be found to present a masterly view of a most perplexing and interesting subject, which seems to cover the whole ground, and to lead to the melancholy conclusion of the utter impotency of human effort to eradicate this acknowledged evil.

But on this, and on the various topics of the deepest interest which are discussed in this work, it was thought that the American readers would be fully competent to form their own opinions, and to detect any errors of the author, if such there are, without any attempt of the present editor to enlighten them. At all events, it is to be hoped that the citizens of the United States will patiently read, and candidly consider, the views of this accomplished foreigner, however hostile they may be to their own preconceived opinions or prejudices. He says: "There are certain truths which Americans can only learn from strangers, or from experience." Let us, then, at least listen to one who admires us and our inst.i.tutions, and whose complaints, when he makes any, are, that we have not perfected our own glorious plans, and that there are some things yet to be amended. We shall thus furnish a practical proof, that public opinion in this country is not so intolerant as the author may be understood to represent it. However mistaken he may be, his manly appeal to our understandings and to our consciences, should at least be heard.

"If ever," he says, "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 voice to condemn me; and, in the second place, that very many of them will acquit me at the bottom of their consciences." He is writing on that very sore subject, the tyranny of public opinion in the United States.

Fully to comprehend the scope of the present work, the author's motive and object in preparing it should be distinctly kept in view. He has written, not for America, but for France. "It was not, then, merely to satisfy a legitimate curiosity," he says, "that I have examined America: my wish has been to find instruction, by which we might ourselves profit."--"I sought the image of democracy itself, with its inclinations, its character, its prejudices, and its pa.s.sions, in order to learn what we have to hope or fear from its progress." He thinks that the principle of democracy has sprung into new life throughout Europe, and particularly in France, and that it is advancing: with a firm and steady march to the control of all civilized governments. In his own country, he had seen a recent attempt to repress its energies within due bounds, and to prevent the consequences of its excesses. And it seems to be a main object with him, to ascertain whether these bounds can be relied upon; whether the dikes and embankments of human contrivance can keep within any appointed channel this mighty and majestic stream.

Giving the fullest confidence to his declaration, that his book "is written to favor no particular views and with no design of serving or attacking any party," it is yet evident that his mind has been very open to receive impressions unfavorable to the admission into France of the unbounded and unlimited democracy which reigns in these United States.

A knowledge of this inclination of his mind will necessarily induce some caution in his readers, while perusing those parts of the work which treat of the effects of our democracy upon the stability of our government and its administration. While the views of the author, respecting the application of the democratic principle, in the extent that it exists with us, to the inst.i.tutions of France, or to any of the European nations, are of the utmost importance to the people and statesmen of those countries, they are scarcely less ent.i.tled to the attention of Americans. He has exhibited, with admirable skill, the causes and circ.u.mstances which prepared our forefathers, gradually, for the enjoyment of free inst.i.tutions, and which enable them to sustain, without abusing, the utmost liberty that was ever enjoyed by any people.

In tracing these causes, in examining how far they continue to influence our conduct, manners, and opinions, and in searching for the means of preventing their decay or destruction, the intelligent American reader will find no better guide than M. DE TOCQUEVILLE.

Fresh from the scenes of the "three days" revolution in France, the author came among us to observe, carefully and critically, the operation of the new principle on which the happiness of his country, and, as he seems to believe, the destinies of the civilized world, depend. Filled with the love of liberty, but remembering the atrocities which, in its name, had been committed under former dynasties at home, he sought to discover the means by which it was regulated in America, and reconciled with social order. By his laborious investigations, and minute observations of the history of the settlement of the country, and of its progress through the colonial state to independence, he found the object of his inquiry in the manners, habits, and opinions, of a people who had been gradually prepared, by a long course of peculiar circ.u.mstances, and by their local position, for self-government; and he has explained, with a pencil of light, the mystery that has baffled Europeans and perplexed Americans. He exhibits us, in our present condition, a new, and to Europeans, a strange people. His views of our political inst.i.tutions are more general, comprehensive, and philosophic than have been presented by any writer, domestic or foreign. He has traced them from their source, democracy--the power of the people--and has steadily pursued this foundation-principle in all its forms and modifications: in the frame of our governments, in their administration by the different executives, in our legislation, in the arrangement of our judiciary, in our manners, in religion, in the freedom and licentiousness of the press, in the influence of public opinion, and in various subtle recesses, where its existence was scarcely suspected. In all these, he a.n.a.lyzes and dissects the tendencies of democracy; heartily applauds where he can, and faithfully and independently gives warning of dangers that he foresees.

No one can read the result of his observations without better and clearer perceptions of the structure of out governments, of the great pillars on which they rest, and of the dangers to which they are exposed: nor without a more profound and more intelligent admiration of the harmony and beauty of their formation, and of the safeguards provided for preserving and transmitting them to a distant posterity.

The more that general and indefinite notions of our own liberty, greatness, happiness, &c., are made to give place to precise and accurate knowledge of the true merits of our inst.i.tutions, the peculiar objects they are calculated to attain or promote, and the means provided for that purpose, the better will every citizen be enabled to discharge his great political duty of guarding those means against the approach of corruption, and of sustaining them against the violence of party commotions. No foreigner has ever exhibited such a deep, clear, and correct insight of the machinery of our complicated systems of federal and state governments. The most intelligent Europeans are confounded with our _imperium in imperio_; and their constant wonder is, that these systems are not continually jostling each other. M. DE TOCQUEVILLE has clearly perceived, and traced correctly and distinctly, the orbits in which they move, and has described, or rather defined, our federal government, with an accurate precision, unsurpa.s.sed even by an American pen. There is no citizen of this country who will not derive instruction from our author's account of our national government, or, at least, who will not find his own ideas systematised, and rendered more fixed and precise, by the perusal of that account.

Among other subjects discussed by the author, that of the _political influence_ of the inst.i.tution of trial by jury, is one of the most curious and interesting. He has certainly presented it in a light entirely new, and as important as it is new. It may be that he has exaggerated its influence as "a gratuitous public school;" but if he has, the error will be readily forgiven.

His views of religion, as connected with patriotism, in other words, with the democratic principle, which he steadily keeps in view, are conceived in the n.o.blest spirit of philanthropy, and cannot fail to confirm the principles already so thoroughly and universally entertained by the American people. And no one can read his observations on the union of "church and state," without a feeling of deep grat.i.tude to the founders of our government, for saving us from such a prolific source of evil.

These allusions to topics that have interested the writer, are not intended as an enumeration of the various subjects which will arrest the attention of the American reader. They have been mentioned rather with a view of exciting an appet.i.te for the whole feast, than as exhibiting the choice dainties which cover the board.

It remains only to observe, that in this edition the const.i.tutions of the United States and of the state of New York, which had been published at large in the original and in the English edition, have been omitted, as they are doc.u.ments to which every American reader has access. The map which the author annexed to his work, and which has been hitherto omitted, is now for the first time inserted in the American edition, to which has been added the census of 1840.

INTRODUCTION.

Among the novel objects that attracted my attention during my stay in the United States, nothing struck me more forcibly than the general equality of conditions. I readily discovered the prodigious influence which this primary fact exercises on the whole course of society, by giving a certain direction to public opinion, and a certain tenor to the laws; by imparting new maxims to the governing powers, and peculiar habits to the governed.

I speedily perceived that the influence of this fact extends far beyond the political character and the laws of the country, and that it has no less empire over civil society than over the government; it creates opinions, engenders sentiments, the ordinary practices of life, and modifies whatever it does not produce.

The more I advanced in the study of American society, the more I perceived that the equality of conditions is the fundamental fact from which all others seem to be derived, and the central point at which all my observations constantly terminated.

I then turned my thoughts to our own hemisphere, where I imagined that I discerned something a.n.a.logous to the spectacle which the New World presented to me. I observed that the equality of conditions is daily advancing towards those extreme limits which it seems to have reached in the United States; and that the democracy which governs the American communities, appears to be rapidly rising into power in Europe.

I hence conceived the idea of the book which is now before the reader.

It is evident to all alike that a great democratic revolution is going on among us; but there are two opinions as to its nature and consequences. To some it appears to be a novel accident, which as such may still be checked; to others it seems irresistible, because it is the most uniform, the most ancient, and the most permanent tendency which is to be found in history.

Let us recollect the situation of France seven hundred years ago, when the territory was divided among a small number of families, who were the owners of the soil and the rulers of the inhabitants; the right of governing descended with the family inheritance from generation to generation; force was the only means by which man could act on man; and landed property was the sole source of power.

Soon, however, the political power of the clergy was founded, and began to exert itself; the clergy opened its ranks to all cla.s.ses, to the poor and the rich, the villain and the lord; equality penetrated into the government through the church, and the being who, as a serf, must have vegetated in perpetual bondage, took his place as a priest in the midst of n.o.bles, and not unfrequently above the heads of kings.

The different relations of men became more complicated and more numerous, as society gradually became more stable and more civilized.

Thence the want of civil laws was felt; and the order of legal functionaries soon rose from the obscurity of the tribunals and their dusty chambers, to appear at the court of the monarch, by the side of the feudal barons in their ermine and their mail.

While the kings were ruining themselves by their great enterprises, and the n.o.bles exhausting their resources by private wars, the lower orders were enriching themselves by commerce. The influence of money began to be perceptible in state affairs. The transactions of business opened a new road to power, and the financier rose to a station of political influence in which he was at once flattered and despised.

Gradually the spread of mental acquirements, and the increasing taste for literature and art, opened chances of success to talent; science became the means of government, intelligence led to social power, and the man of letters took a part in the affairs of the state.

The value attached to the privileges of birth, decreased in the exact proportion in which new paths were struck out to advancement. In the eleventh century n.o.bility was beyond all price; in the thirteenth it might be purchased; it was conferred for the first time in 1270; and equality was thus introduced into the government by the aristocracy itself.

In the course of these seven hundred years, it sometimes happened that, in order to resist the authority of the crown, or to diminish the power of their rivals, the n.o.bles granted a certain share of political rights to the people. Or, more frequently the king permitted the lower orders to enjoy a degree of power, with the intention of repressing the aristocracy.

In France the kings have always been the most active and the most constant of levellers. When they were strong and ambitious, they spared no pains to raise the people to the level of the n.o.bles; when they were temperate or weak, they allowed the people to rise above themselves.

Some a.s.sisted the democracy by their talents, others by their vices.

Louis XI. and Louis XIV. reduced every rank beneath the throne to the same subjection; Louis XV. descended, himself and all his court, into the dust.

As soon as land was held on any other than a feudal tenure, and personal property began in its turn to confer influence and power, every improvement which was introduced in commerce or manufacture, was a fresh element of the equality of conditions. Henceforward every new discovery, every new want which it engendered, and every new desire which craved satisfaction, was a step toward the universal level. The taste for luxury, the love of war, the sway of fas.h.i.+on, the most superficial, as well as the deepest pa.s.sions of the human heart, co-operated to enrich the poor and to impoverish the rich.

From the time when the exercise of the intellect became the source of strength and of wealth, it is impossible not to consider every addition to science, every fresh truth, and every new idea, as a germe of power placed within the reach of the people. Poetry, eloquence, and memory, the grace of wit, the glow of imagination, the depth of thought, and all the gifts which are bestowed by Providence with an equal hand, turned to the advantage of the democracy; and even when they were in the possession of its adversaries, they still served its cause by throwing into relief the natural greatness of man; its conquests spread, therefore, with those of civilisation and knowledge; and literature became an a.r.s.enal, where the poorest and weakest could always find weapons to their hand.

In perusing the pages of our history, we shall scarcely meet with a single great event, in the lapse of seven hundred years, which has not turned to the advantage of equality.

The crusades and the wars of the English decimated the n.o.bles, and divided their possessions; the erection of communes introduced an element of democratic liberty into the bosom of feudal monarchy; the invention of firearms equalized the villain and the n.o.ble on the field of battle; printing opened the same resources to the minds of all cla.s.ses; the post was organized so as to bring the same information to the door of the poor man's cottage and to the gate of the palace; and protestantism proclaimed that all men are alike able to find the road to heaven. The discovery of America offered a thousand new paths to fortune, and placed riches and power within the reach of the adventurous and the obscure.

If we examine what has happened in France at intervals of fifty years, beginning with the eleventh century, we shall invariably perceive that a twofold revolution has taken place in the state of society. The n.o.ble has gone down on the social ladder, and the _roturier_ has gone up; the one descends as the other rises. Every half-century brings them nearer to each other, and they will very shortly meet.

Nor is this phenomenon at all peculiar to France. Whithersoever we turn our eyes, we shall discover the same continual revolution throughout the whole of Christendom.