Democracy In America, Volume 1 by Alexis de Tocqueville
01a: Darby’s “View of the United States.”
01c: Warden’s “Description of the United States.”
01e: Malte Brun tells us (vol. v. p. 726) that the water of the Caribbean Sea is so transparent that corals and fish are discernible at a depth of sixty fathoms. The ship seemed to float in air, the navigator became giddy as his eye penetrated through the crystal flood, and beheld submarine gardens, or beds of shells, or gilded fishes gliding among tufts and thickets of seaweed.
01g: With the progress of discovery some resemblance has been found to exist between the physical conformation, the language, and the habits of the Indians of North America, and those of the Tongous, Mantchous, Mongols, Tartars, and other wandering tribes of Asia. The land occupied by these tribes is not very distant from Behring’s Strait, which allows of the supposition, that at a remote period they gave inhabitants to the desert continent of America. But this is a point which has not yet been clearly elucidated by science. See Malte Brun, vol. v.; the works of Humboldt; Fischer, “Conjecture sur l'Origine des Americains”; Adair, “History of the American Indians.”
01i: We learn from President Jefferson’s “Notes upon Virginia,” p. 148, that among the Iroquois, when attacked by a superior force, aged men refused to fly or to survive the destruction of their country; and they braved death like the ancient Romans when their capital was sacked by the Gauls. Further on, p. 150, he tells us that there is no example of an Indian who, having fallen into the hands of his enemies, begged for his life; on the contrary, the captive sought to obtain death at the hands of his conquerors by the use of insult and provocation.
01j: See “Histoire de la Louisiane,” by Lepage Dupratz; Charlevoix, “Histoire de la Nouvelle France”; “Lettres du Rev. G. Hecwelder;” “Transactions of the American Philosophical Society,” v. I; Jefferson’s “Notes on Virginia,” pp. 135-190. What is said by Jefferson is of especial weight, on account of the personal merit of the writer, of his peculiar position, and of the matter- of-fact age in which he lived.
02a: Darby’s “View of the United States.”
02c: Warden’s “Description of the United States.”
02e: Malte Brun tells us (vol. v. p. 726) that the water of the Caribbean Sea is so transparent that corals and fish are discernible at a depth of sixty fathoms. The ship seemed to float in air, the navigator became giddy as his eye penetrated through the crystal flood, and beheld submarine gardens, or beds of shells, or gilded fishes gliding among tufts and thickets of seaweed.
02g: With the progress of discovery some resemblance has been found to exist between the physical conformation, the language, and the habits of the Indians of North America, and those of the Tongous, Mantchous, Mongols, Tartars, and other wandering tribes of Asia. The land occupied by these tribes is not very distant from Behring’s Strait, which allows of the supposition, that at a remote period they gave inhabitants to the desert continent of America. But this is a point which has not yet been clearly elucidated by science. See Malte Brun, vol. v.; the works of Humboldt; Fischer, “Conjecture sur l'Origine des Americains”; Adair, “History of the American Indians.”
02i: We learn from President Jefferson’s “Notes upon Virginia,” p. 148, that among the Iroquois, when attacked by a superior force, aged men refused to fly or to survive the destruction of their country; and they braved death like the ancient Romans when their capital was sacked by the Gauls. Further on, p. 150, he tells us that there is no example of an Indian who, having fallen into the hands of his enemies, begged for his life; on the contrary, the captive sought to obtain death at the hands of his conquerors by the use of insult and provocation.
02j: See “Histoire de la Louisiane,” by Lepage Dupratz; Charlevoix, “Histoire de la Nouvelle France”; “Lettres du Rev. G. Hecwelder;” “Transactions of the American Philosophical Society,” v. I; Jefferson’s “Notes on Virginia,” pp. 135-190. What is said by Jefferson is of especial weight, on account of the personal merit of the writer, of his peculiar position, and of the matter- of-fact age in which he lived.
03a: The charter granted by the Crown of England in 1609 stipulated, amongst other conditions, that the adventurers should pay to the Crown a fifth of the produce of all gold and silver mines. See Marshall’s “Life of Washington,” vol. i. pp. 18-66.
03b: A large portion of the adventurers, says Stith (“History of Virginia”), were unprincipled young men of family, whom their parents were glad to ship off, discharged servants, fraudulent bankrupts, or debauchees; and others of the same class, people more apt to pillage and destroy than to assist the settlement, were the seditious chiefs, who easily led this band into every kind of extravagance and excess. See for the history of Virginia the following works: -
“History of Virginia, from the First Settlements in the year 1624,” by Smith.
“History of Virginia,” by William Stith.
“History of Virginia, from the Earliest Period,” by Beverley.
03c: It was not till some time later that a certain number of rich English capitalists came to fix themselves in the colony.
03d: Slavery was introduced about the year 1620 by a Dutch vessel which landed twenty negroes on the banks of the river James. See Chalmer.
03e: The States of New England are those situated to the east of the Hudson; they are now six in number: 1, Connecticut; 2, Rhode Island; 3, Massachusetts; 4, Vermont; 5, New Hampshire; 6, Maine.
03f: “New England’s Memorial,” p. 13; Boston, 1826. See also “Hutchinson’s History,” vol. ii. p. 440.
03g: The emigrants were, for the most part, godly Christians from the North of England, who had quitted their native country because they were “studious of reformation, and entered into covenant to walk with one another according to the primitive pattern of the Word of God.” They emigrated to Holland, and settled in the city of Leyden in 1610, where they abode, being lovingly respected by the Dutch, for many years: they left it in 1620 for several reasons, the last of which was, that their posterity would in a few generations become Dutch, and so lose their interest in the English nation; they being desirous rather to enlarge His Majesty’s dominions, and to live under their natural prince. – Translator’s Note.
03h: This rock is become an object of veneration in the United States. I have seen bits of it carefully preserved in several towns of the Union. Does not this sufficiently show how entirely all human power and greatness is in the soul of man? Here is a stone which the feet of a few outcasts pressed for an instant, and this stone becomes famous; it is treasured by a great nation, its very dust is shared as a relic: and what is become of the gateways of a thousand palaces?
03i: The emigrants who founded the State of Rhode Island in 1638, those who landed at New Haven in 1637, the first settlers in Connecticut in 1639, and the founders of Providence in 1640, began in like manner by drawing up a social contract, which was acceded to by all the interested parties. See “Pitkin’s History,” pp. 42 and 47.
03j: This was the case in the State of New York.
03k: Maryland, the Carolinas, Pennsylvania, and New Jersey were in this situation. See “Pitkin’s History,” vol. i. pp. 11-31.
03l: See the work entitled “Historical Collection of State Papers and other authentic Documents intended as materials for a History of the United States of America, by Ebenezer Hasard. Philadelphia, 1792,” for a great number of documents relating to the commencement of the colonies, which are valuable from their contents and their authenticity: amongst them are the various charters granted by the King of England, and the first acts of the local governments.
See also the analysis of all these charters given by Mr. Story, Judge of the Supreme Court of the United States, in the Introduction to his “Commentary on the Constitution of the United States.” It results from these documents that the principles of representative government and the external forms of political liberty were introduced into all the colonies at their origin. These principles were more fully acted upon in the North than in the South, but they existed everywhere.
03m: See “Pitkin’s History,” p, 35. See the “History of the Colony of Massachusetts Bay,” by Hutchinson, vol. i. p. 9.
03n: See “Pitkin’s History,” pp. 42, 47.
03o: The inhabitants of Massachusetts had deviated from the forms which are preserved in the criminal and civil procedure of England; in 1650 the decrees of justice were not yet headed by the royal style. See Hutchinson, vol. i. p. 452.
03p: Code of 1650, p. 28; Hartford, 1830.
03q: See also in “Hutchinson’s History,” vol. i. pp. 435, 456, the analysis of the penal code adopted in 1648 by the Colony of Massachusetts: this code is drawn up on the same principles as that of Connecticut.
03r: Adultery was also punished with death by the law of Massachusetts: and Hutchinson, vol. i. p. 441, says that several persons actually suffered for this crime. He quotes a curious anecdote on this subject, which occurred in the year 1663. A married woman had had criminal intercourse with a young man; her husband died, and she married the lover. Several years had elapsed, when the public began to suspect the previous intercourse of this couple: they were thrown into prison, put upon trial, and very narrowly escaped capital punishment.
03s: Code of 1650, p. 48. It seems sometimes to have happened that the judges superadded these punishments to each other, as is seen in a sentence pronounced in 1643 (p. 114, “New Haven Antiquities”), by which Margaret Bedford, convicted of loose conduct, was condemned to be whipped, and afterwards to marry Nicholas Jemmings, her accomplice.
03t: “New Haven Antiquities,” p. 104. See also “Hutchinson’s History,” for several causes equally extraordinary.
03u: Code of 1650, pp. 50, 57.
03wa: This was not peculiar to Connecticut. See, for instance, the law which, on September 13, 1644, banished the Anabaptists from the State of Massachusetts. (“Historical Collection of State Papers,” vol. i. p. 538.) See also the law against the Quakers, passed on October 14, 1656: “Whereas,” says the preamble, “an accursed race of heretics called Quakers has sprung up,” etc. The clauses of the statute inflict a heavy fine on all captains of ships who should import Quakers into the country. The Quakers who may be found there shall be whipped and imprisoned with hard labor. Those members of the sect who should defend their opinions shall be first fined, then imprisoned, and finally driven out of the province. – “Historical Collection of State Papers,” vol. i. p. 630.
03x: By the penal law of Massachusetts, any Catholic priest who should set foot in the colony after having been once driven out of it was liable to capital punishment.
03z: “New England’s Memorial,” p. 316. See Appendix, E.
04a: Constitution of 1638, p. 17.
04b: In 1641 the General Assembly of Rhode Island unanimously declared that the government of the State was a democracy, and that the power was vested in the body of free citizens, who alone had the right to make the laws and to watch their execution. – Code of 1650, p. 70.
04c: “Pitkin’s History,” p. 47.
04d: Constitution of 1638, p. 12.
In studying the laws which were promulgated at this first era of the American republics, it is impossible not to be struck by the remarkable acquaintance with the science of government and the advanced theory of legislation which they display. The ideas there formed of the duties of society towards its members are evidently much loftier and more comprehensive than those of the European legislators at that time: obligations were there imposed which were elsewhere slighted. In the States of New England, from the first, the condition of the poor was provided for; (f strict measures were taken for the maintenance of roads, and surveyors were appointed to attend to them; (g registers were established in every parish, in which the results of public deliberations, and the births, deaths, and marriages of the citizens were entered; (h clerks were directed to keep these registers; (i officers were charged with the administration of vacant inheritances, and with the arbitration of litigated landmarks; and many others were created whose chief functions were the maintenance of public order in the community. (j The law enters into a thousand useful provisions for a number of social wants which are at present very inadequately felt in France.
04h: See “Hutchinson’s History,” vol. i. p. 455.
04l: Mather’s “Magnalia Christi Americana,” vol. ii. p. 13. This speech was made by Winthrop; he was accused of having committed arbitrary actions during his magistracy, but after having made the speech of which the above is a fragment, he was acquitted by acclamation, and from that time forwards he was always re- elected governor of the State. See Marshal, vol. i. p. 166.
04n: Crimes no doubt exist for which bail is inadmissible, but they are few in number.
04o: See Blackstone; and Delolme, book I chap. x.
05a: I understand by the law of descent all those laws whose principal object is to regulate the distribution of property after the death of its owner. The law of entail is of this number; it certainly prevents the owner from disposing of his possessions before his death; but this is solely with the view of preserving them entire for the heir. The principal object, therefore, of the law of entail is to regulate the descent of property after the death of its owner: its other provisions are merely means to this end.
05b: I do not mean to say that the small proprietor cultivates his land better, but he cultivates it with more ardor and care; so that he makes up by his labor for his want of skill.
05c: Land being the most stable kind of property, we find, from time to time, rich individuals who are disposed to make great sacrifices in order to obtain it, and who willingly forfeit a considerable part of their income to make sure of the rest. But these are accidental cases. The preference for landed property is no longer found habitually in any class but among the poor. The small landowner, who has less information, less imagination, and fewer passions than the great one, is generally occupied with the desire of increasing his estate: and it often happens that by inheritance, by marriage, or by the chances of trade, he is gradually furnished with the means. Thus, to balance the tendency which leads men to divide their estates, there exists another, which incites them to add to them. This tendency, which is sufficient to prevent estates from being divided ad infinitum, is not strong enough to create great territorial possessions, certainly not to keep them up in the same family.
In the United States it has nearly completed its work of destruction, and there we can best study its results. The English laws concerning the transmission of property were abolished in almost all the States at the time of the Revolution. The law of entail was so modified as not to interrupt the free circulation of property. (d The first generation having passed away, estates began to be parcelled out, and the change became more and more rapid with the progress of time. At this moment, after a lapse of a little more than sixty years, the aspect of society is totally altered; the families of the great landed proprietors are almost all commingled with the general mass. In the State of New York, which formerly contained many of these, there are but two who still keep their heads above the stream, and they must shortly disappear. The sons of these opulent citizens are become merchants, lawyers, or physicians. Most of them have lapsed into obscurity. The last trace of hereditary ranks and distinctions is destroyed – the law of partition has reduced all to one level.
05e: This may have been true in 1832, but is not so in 1874, when great cities like Chicago and San Francisco have sprung up in the Western States. But as yet the Western States exert no powerful influence on American society. – Translator’s Note.
07a: In 1830 there were 305 townships in the State of Massachusetts, and 610,014 inhabitants, which gives an average of about 2,000 inhabitants to each township.
07b: The same rules are not applicable to the great towns, which generally have a mayor, and a corporation divided into two bodies; this, however, is an exception which requires the sanction of a law. – See the Act of February 22, 1822, for appointing the authorities of the city of Boston. It frequently happens that small towns as well as cities are subject to a peculiar administration. In 1832, 104 townships in the State of New York were governed in this manner. – Williams’ Register.
07c: Three selectmen are appointed in the small townships, and nine in the large ones. See “The Town-Officer,” p. 186. See also the principal laws of the State of Massachusetts relative to the selectmen: Act of February 20, 1786, vol. i. p. 219; February 24, 1796, vol. i. p. 488; March 7, 1801, vol. ii. p. 45; June 16, 1795, vol. i. p. 475; March 12, 1808, vol. ii. p. 186; February 28, 1787, vol. i. p. 302; June 22, 1797, vol. i. p. 539.
07d: See Laws of Massachusetts, vol. i. p. 150, Act of March 25, 1786.
07e: All these magistrates actually exist; their different functions are all detailed in a book called “The Town-Officer,” by Isaac Goodwin, Worcester, 1827; and in the “Collection of the General Laws of Massachusetts,” 3 vols., Boston, 1823.
07f: See the Act of February 14, 1821, Laws of Massachusetts, vol. i. p. 551.
07g: See the Act of February 20, 1819, Laws of Massachusetts, vol. ii. p. 494.
07h: The council of the Governor is an elective body.
07i: See “The Town-Officer,” especially at the words Selectmen, Assessors, Collectors, Schools, Surveyors of Highways. I take one example in a thousand: the State prohibits travelling on the Sunday; the tything-men, who are town-officers, are specially charged to keep watch and to execute the law. See the Laws of Massachusetts, vol. i. p. 410.
The selectmen draw up the lists of electors for the election of the Governor, and transmit the result of the ballot to the Secretary of the State. See Act of February 24, 1796: Id., vol. i. p. 488.
07j: Thus, for instance, the selectmen authorize the construction of drains, point out the proper sites for slaughter- houses and other trades which are a nuisance to the neighborhood. See the Act of June 7, 1785: Id., vol. i. p. 193.
07k: The selectmen take measures for the security of the public in case of contagious diseases, conjointly with the justices of the peace. See Act of June 22, 1797, vol. i. p. 539.
07l: I say almost, for there are various circumstances in the annals of a township which are regulated by the justice of the peace in his individual capacity, or by the justices of the peace assembled in the chief town of the county; thus licenses are granted by the justices. See the Act of February 28, 1787, vol. i. p. 297.
07m: Thus licenses are only granted to such persons as can produce a certificate of good conduct from the selectmen. If the selectmen refuse to give the certificate, the party may appeal to the justices assembled in the Court of Sessions, and they may grant the license. See Act of March 12, 1808, vol. ii. p. 186.
07n: In Massachusetts the county magistrates are frequently called upon to investigate the acts of the town magistrates; but it will be shown further on that this investigation is a consequence, not of their administrative, but of their judicial power.
07o: The town committees of schools are obliged to make an annual report to the Secretary of the State on the condition of the school. See Act of March 10, 1827, vol. iii. p. 183.
07p: We shall hereafter learn what a Governor is: I shall content myself with remarking in this place that he represents the executive power of the whole State.
07q: See the Constitution of Massachusetts, chap. II. sect. 1. Section 9; chap. III. Section 3.
07r: Thus, for example, a stranger arrives in a township from a country where a contagious disease prevails, and he falls ill. Two justices of the peace can, with the assent of the selectmen, order the sheriff of the county to remove and take care of him. – Act of June 22, 1797, vol. i. p. 540.
In general the justices interfere in all the important acts of the administration, and give them a semi-judicial character.
07s: I say the greater number, because certain administrative misdemeanors are brought before ordinary tribunals. If, for instance, a township refuses to make the necessary expenditure for its schools or to name a school-committee, it is liable to a heavy fine. But this penalty is pronounced by the Supreme Judicial Court or the Court of Common Pleas. See Act of March 10, 1827, Laws of Massachusetts, vol. iii. p. 190. Or when a township neglects to provide the necessary war-stores. – Act of February 21, 1822: Id., vol. ii. p. 570.
07t: In their individual capacity the justices of the peace take a part in the business of the counties and townships.
07u: These affairs may be brought under the following heads: – 1. The erection of prisons and courts of justice. 2. The county budget, which is afterwards voted by the State. 3. The distribution of the taxes so voted. 4. Grants of certain patents. 5. The laying down and repairs of the country roads.
07v: Thus, when a road is under consideration, almost all difficulties are disposed of by the aid of the jury.
07w: See Act of February 20, 1786, Laws of Massachusetts, vol. i. p. 217.
07x: There is an indirect method of enforcing the obedience of a township. Suppose that the funds which the law demands for the maintenance of the roads have not been voted, the town surveyor is then authorized, ex officio, to levy the supplies. As he is personally responsible to private individuals for the state of the roads, and indictable before the Court of Sessions, he is sure to employ the extraordinary right which the law gives him against the township. Thus by threatening the officer the Court of Sessions exacts compliance from the town. See Act of March 5, 1787, Id., vol. i. p. 305.
07y: Laws of Massachusetts, vol. ii. p. 45.
07z: If, for instance, a township persists in refusing to name its assessors, the Court of Sessions nominates them; and the magistrates thus appointed are invested with the same authority as elected officers. See the Act quoted above, February 20, 1787.
08a: I say the Court of Sessions, because in common courts there is a magistrate who exercises some of the functions of a public prosecutor.
08b: The grand-jurors are, for instance, bound to inform the court of the bad state of the roads. – Laws of Massachusetts, vol. i. p. 308.
08c: If, for instance, the treasurer of the county holds back his accounts. – Laws of Massachusetts, vol. i. p. 406.
08d: Thus, if a private individual breaks down or is wounded in consequence of the badness of a road, he can sue the township or the county for damages at the sessions. – Laws of Massachusetts, vol. i. p. 309.
08e: In cases of invasion or insurrection, if the town- officers neglect to furnish the necessary stores and ammunition for the militia, the township may be condemned to a fine of from $200 to $500. It may readily be imagined that in such a case it might happen that no one cared to prosecute; hence the law adds that all the citizens may indict offences of this kind, and that half of the fine shall belong to the plaintiff. See Act of March 6, 1810, vol. ii. p. 236. The same clause is frequently to be met with in the law of Massachusetts. Not only are private individuals thus incited to prosecute the public officers, but the public officers are encouraged in the same manner to bring the disobedience of private individuals to justice. If a citizen refuses to perform the work which has been assigned to him upon a road, the road surveyor may prosecute him, and he receives half the penalty for himself. See the Laws above quoted, vol. i. p. 308.
08f: For details see the Revised Statutes of the State of New York, part i. chap. xi. vol. i. pp. 336-364, entitled, “Of the Powers, Duties, and Privileges of Towns.”
See in the Digest of the Laws of Pennsylvania, the words Assessors, Collector, Constables, Overseer of the Poor, Supervisors of Highways; and in the Acts of a general nature of the State of Ohio, the Act of February 25, 1834, relating to townships, p. 412; besides the peculiar dispositions relating to divers town-officers, such as Township’s Clerk, Trustees, Overseers of the Poor, Fence Viewers, Appraisers of Property, Township’s Treasurer, Constables, Supervisors of Highways.
08g: See the Revised Statutes of the State of New York, part i. chap. xi. vol. i. p. 340. Id. chap. xii. p. 366; also in the Acts of the State of Ohio, an act relating to county commissioners, February 25, 1824, p. 263. See the Digest of the Laws of Pennsylvania, at the words County-rates and Levies, p. 170. In the State of New York each township elects a representative, who has a share in the administration of the county as well as in that of the township.
08h: In some of the Southern States the county courts are charged with all the details of the administration. See the Statutes of the State of Tennessee, arts. Judiciary, Taxes, etc.
08i: For instance, the direction of public instruction centres in the hands of the Government. The legislature names the members of the University, who are denominated Regents; the Governor and Lieutentant-Governor of the State are necessarily of the number. – Revised Statutes, vol. i. p. 455. The Regents of the University annually visit the colleges and academies, and make their report to the legislature. Their superintendence is not inefficient, for several reasons: the colleges in order to become corporations stand in need of a charter, which is only granted on the recommendation of the Regents; every year funds are distributed by the State for the encouragement of learning, and the Regents are the distributors of this money. See chap. xv. Instruction,” Revised Statutes, vol. i. p. 455.
The school-commissioners are obliged to send an annual report to the Superintendent of the Republic. – Id. p. 488.
A similar report is annually made to the same person on the number and condition of the poor. – Id. p. 631.
08j: If any one conceives himself to be wronged by the school-commissioners (who are town-officers), he can appeal to the superintendent of the primary schools, whose decision is final. – Revised Statutes, vol. i. p. 487.
Provisions similar to those above cited are to be met with from time to time in the laws of the State of New York; but in general these attempts at centralization are weak and unproductive. The great authorities of the State have the right of watching and controlling the subordinate agents, without that of rewarding or punishing them. The same individual is never empowered to give an order and to punish disobedience; he has therefore the right of commanding, without the means of exacting compliance. In 1830 the Superintendent of Schools complained in his Annual Report addressed to the legislature that several school-commissioners had neglected, notwithstanding his application, to furnish him with the accounts which were due. He added that if this omission continued he should be obliged to prosecute them, as the law directs, before the proper tribunals.
08k: Thus the district-attorney is directed to recover all fines below the sum of fifty dollars, unless such a right has been specially awarded to another magistrate. – Revised Statutes, vol. i. p. 383.
08l: Several traces of centralization may be discovered in Massachusetts; for instance, the committees of the town-schools are directed to make an annual report to the Secretary of State. See Laws of Massachusetts, vol. i. p. 367.
08m: In Massachusetts the Senate is not invested with any administrative functions.
08n: As in the State of New York.
(See Benjamin Franklin
08o: Practically speaking, it is not always the Governor who executes the plans of the Legislature; it often happens that the latter, in voting a measure, names special agents to superintend the execution of it.
08p: In some of the States the justices of the peace are not elected by the Governor.
We have shown that in the United States no central administration and no dependent series of public functionaries exist. Local authority has been carried to lengths which no European nation could endure without great inconvenience, and which has even produced some disadvantageous consequences in America. But in the United States the centralization of the Government is complete; and it would be easy to prove that the national power is more compact than it has ever been in the old nations of Europe. Not only is there but one legislative body in each State; not only does there exist but one source of political authority; but district assemblies and county courts have not in general been multiplied, lest they should be tempted to exceed their administrative duties, and interfere with the Government. In America the legislature of each State is supreme; nothing can impede its authority; neither privileges, nor local immunities, nor personal influence, nor even the empire of reason, since it represents that majority which claims to be the sole organ of reason. Its own determination is, therefore, the only limit to this action. In juxtaposition to it, and under its immediate control, is the representative of the executive power, whose duty it is to constrain the refractory to submit by superior force. The only symptom of weakness lies in certain details of the action of the Government. The American republics have no standing armies to intimidate a discontented minority; but as no minority has as yet been reduced to declare open war, the necessity of an army has not been felt. (q The State usually employs the officers of the township or the county to deal with the citizens. Thus, for instance, in New England, the assessor fixes the rate of taxes; the collector receives them; the town-treasurer transmits the amount to the public treasury; and the disputes which may arise are brought before the ordinary courts of justice. This method of collecting taxes is slow as well as inconvenient, and it would prove a perpetual hindrance to a Government whose pecuniary demands were large. It is desirable that, in whatever materially affects its existence, the Government should be served by officers of its own, appointed by itself, removable at pleasure, and accustomed to rapid methods of proceeding. But it will always be easy for the central government, organized as it is in America, to introduce new and more efficacious modes of action, proportioned to its wants.
08q: (The Civil War of 1860-65 cruelly belied this statement, and in the course of the struggle the North alone called two millions and a half of men to arms; but to the honor of the United States it must be added that, with the cessation of the contest, this army disappeared as rapidly as it had been raised. – Translator’s Note.).
08r: The authority which represents the State ought not, I think, to waive the right of inspecting the local administration, even when it does not interfere more actively. Suppose, for instance, that an agent of the Government was stationed at some appointed spot in the country, to prosecute the misdemeanors of the town and county officers, would not a more uniform order be the result, without in any way compromising the independence of the township? Nothing of the kind, however, exists in America: there is nothing above the county-courts, which have, as it were, only an incidental cognizance of the offences they are meant to repress.
08s: China appears to me to present the most perfect instance of that species of well-being which a completely central administration may furnish to the nations among which it exists. Travellers assure us that the Chinese have peace without happiness, industry without improvement, stability without strength, and public order without public morality. The condition of society is always tolerable, never excellent. I am convinced that, when China is opened to European observation, it will be found to contain the most perfect model of a central administration which exists in the universe.
08t: A writer of talent, who, in the comparison which he has drawn between the finances of France and those of the United States, has proved that ingenuity cannot always supply the place of a knowledge of facts, very justly reproaches the Americans for the sort of confusion which exists in the accounts of the expenditure in the townships; and after giving the model of a departmental budget in France, he adds: – “We are indebted to centralization, that admirable invention of a great man, for the uniform order and method which prevail alike in all the municipal budgets, from the largest town to the humblest commune.” Whatever may be my admiration of this result, when I see the communes of France, with their excellent system of accounts, plunged into the grossest ignorance of their true interests, and abandoned to so incorrigible an apathy that they seem to vegetate rather than to live; when, on the other hand, I observe the activity, the information, and the spirit of enterprise which keep society in perpetual labor, in those American townships whose budgets are drawn up with small method and with still less uniformity, I am struck by the spectacle; for to my mind the end of a good government is to ensure the welfare of a people, and not to establish order and regularity in the midst of its misery and its distress. I am therefore led to suppose that the prosperity of the American townships and the apparent confusion of their accounts, the distress of the French communes and the perfection of their budget, may be attributable to the same cause. At any rate I am suspicious of a benefit which is united to so many evils, and I am not averse to an evil which is compensated by so many benefits.
09a: (The fifth article of the original Constitution of the United States provides the mode in which amendments of the Constitution may be made. Amendments must be proposed by two-thirds of both Houses of Congress, and ratified by the Legislatures of three-fourths of the several States. Fifteen amendments of the Constitution have been made at different times since 1789, the most important of which are the Thirteenth, Fourteenth, and Fifteenth, framed and ratified after the Civil War. The original Constitution of the United States, followed by these fifteen amendments, is printed at the end of this edition. – Translator’s Note, 1874.)
10a: (As it existed under the constitutional monarchy down to 1848.) – Ed.
10b: Chap. I. sect. ii. Section 8.
10c: See the constitutions of Illinois, Maine, Connecticut, and Georgia.
10d: See Appendix, N. (The impeachment of President Andrew Johnson in 1868 – which was resorted to by his political opponents solely as a means of turning him out of office, for it could not be contended that he had been guilty of high crimes and misdemeanors, and he was in fact honorably acquitted and reinstated in office – is a striking confirmation of the truth of this remark. – Translator’s Note, 1874.)
11a: See the articles of the first confederation formed in 1778. This constitution was not adopted by all the States until 1781. See also the analysis given of this constitution in “The Federalist” from No. 15 to No. 22, inclusive, and Story’s “Commentaries on the Constitution of the United States,” pp. 85-115.
11b: Congress made this declaration on February 21, 1787.
11c: It consisted of fifty-five members; Washington, Madison, Hamilton, and the two Morrises were amongst the number.
11d: It was not adopted by the legislative bodies, but representatives were elected by the people for this sole purpose; and the new constitution was discussed at length in each of these assemblies.
11e: See the Amendment to the Federal Constitution; “Federalist,” No. 32; Story, p. 711; Kent’s “Commentaries,” vol. i. p. 364.
It is to be observed that whenever the exclusive right of regulating certain matters is not reserved to Congress by the Constitution, the States may take up the affair until it is brought before the National Assembly. For instance, Congress has the right of making a general law on bankruptcy, which, however, it neglects to do. Each State is then at liberty to make a law for itself. This point has been established by discussion in the law-courts, and may be said to belong more properly to jurisprudence.
11f: The action of this court is indirect, as we shall hereafter show.
11g: It is thus that “The Federalist,” No. 45, explains the division of supremacy between the Union and the States: “The powers delegated by the Constitution to the Federal Government are few and defined. Those which are to remain in the State Governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the internal order and prosperity of the State.” I shall often have occasion to quote “The Federalist” in this work. When the bill which has since become the Constitution of the United States was submitted to the approval of the people, and the discussions were still pending, three men, who had already acquired a portion of that celebrity which they have since enjoyed – John Jay, Hamilton, and Madison – formed an association with the intention of explaining to the nation the advantages of the measure which was proposed. With this view they published a series of articles in the shape of a journal, which now form a complete treatise. They entitled their journal “The Federalist,” a name which has been retained in the work. “The Federalist” is an excellent book, which ought to be familiar to the statesmen of all countries, although it especially concerns America.
11h: See Constitution, sect. 8; “Federalist,” Nos. 41 and 42; Kent’s “Commentaries,” vol. i. p. 207; Story, pp. 358-382; Ibid. pp. 409-426.
11i: Several other privileges of the same kind exist, such as that which empowers the Union to legislate on bankruptcy, to grant patents, and other matters in which its intervention is clearly necessary.
11j: Even in these cases its interference is indirect. The Union interferes by means of the tribunals, as will be hereafter shown.
11k: Federal Constitution, sect. 10, art. I.
11l: Constitution, sects. 8, 9, and 10; “Federalist,” Nos. 30-36, inclusive, and 41-44; Kent’s “Commentaries,” vol. i. pp. 207 and 381; Story, pp. 329 and 514.
11m: (In this chapter the author points out the essence of the conflict between the seceding States and the Union which caused the Civil War of 1861.) – Ed.
11n: Every ten years Congress fixes anew the number of representatives which each State is to furnish. The total number was 69 in 1789, and 240 in 1833. (See “American Almanac,” 1834, p. 194.) The Constitution decided that there should not be more than one representative for every 30,000 persons; but no minimum was fixed on. The Congress has not thought fit to augment the number of representatives in proportion to the increase of population. The first Act which was passed on the subject (April 14, 1792: see “Laws of the United States,” by Story, vol. i. p. 235) decided that there should be one representative for every 33,000 inhabitants. The last Act, which was passed in 1832, fixes the proportion at one for 48,000. The population represented is composed of all the free men and of three-fifths of the slaves.
(The last Act of apportionment, passed February 2, 1872, fixes the representation at one to 134,684 inhabitants. There are now (1875) 283 members of the lower House of Congress, and 9 for the States at large, making in all 292 members. The old States have of course lost the representatives which the new States have gained. – Translator’s Note.)
11o: See “The Federalist,” Nos. 52-56, inclusive; Story, pp. 199-314; Constitution of the United States, sects. 2 and 3.
11p: See “The Federalist,” Nos. 67-77; Constitution of the United States, art. 2; Story, p. 315, pp. 615-780; Kent’s “Commentaries,” p. 255.
11q: The Constitution had left it doubtful whether the President was obliged to consult the Senate in the removal as well as in the appointment of Federal officers. “The Federalist” (No. 77) seemed to establish the affirmative; but in 1789 Congress formally decided that, as the President was responsible for his actions, he ought not to be forced to employ agents who had forfeited his esteem. See Kent’s “Commentaries, vol. i. p. 289.
11r: (This comparison applied to the Constitutional King of France and to the powers he held under the Charter of 1830, till the overthrow of the monarchy in 1848. – Translator’s Note.)
11s: The sums annually paid by the State to these officers amount to 200,000,000 fr. ($40,000,000).
11t: This number is extracted from the “National Calendar” for 1833. The “National Calendar” is an American almanac which contains the names of all the Federal officers. It results from this comparison that the King of France has eleven times as many places at his disposal as the President, although the population of France is not much more than double that of the Union.
(I have not the means of ascertaining the number of appointments now at the disposal of the President of the United States, but his patronage and the abuse of it have largely increased since 1833. – Translator’s Note, 1875.)
11u: (This, however, may be a great danger. The period during which Mr. Buchanan retained office, after the election of Mr. Lincoln, from November, 1860, to March, 1861, was that which enabled the seceding States of the South to complete their preparations for the Civil War, and the Executive Government was paralyzed. No greater evil could befall a nation. – Translator’s Note.)
11v: As many as it sends members to Congress. The number of electors at the election of 1833 was 288. (See “The National Calendar,” 1833.)
11w: The electors of the same State assemble, but they transmit to the central government the list of their individual votes, and not the mere result of the vote of the majority.
11x: In this case it is the majority of the States, and not the majority of the members, which decides the question; so that New York has not more influence in the debate than Rhode Island. Thus the citizens of the Union are first consulted as members of one and the same community; and, if they cannot agree, recourse is had to the division of the States, each of which has a separate and independent vote. This is one of the singularities of the Federal Constitution which can only be explained by the jar of conflicting interests.
11y: Jefferson, in 1801, was not elected until the thirty- sixth time of balloting.
11z: (General Grant is now (1874) the eighteenth President of the United States.) – Ed.
12a: (Not always. The election of President Lincoln was the signal of civil war. – Translator’s Note.)
12b: See chap. VI, entitled “Judicial Power in the United States.” This chapter explains the general principles of the American theory of judicial institutions. See also the Federal Constitution, Art. 3. See “The Federalists,” Nos. 78-83, inclusive; and a work entitled “Constitutional Law,” being a view of the practice and jurisdiction of the courts of the United States, by Thomas Sergeant. See Story, pp. 134, 162, 489, 511, 581, 668; and the organic law of September 24, 1789, in the “Collection of the Laws of the United States,” by Story, vol. i. p. 53.
12c: Federal laws are those which most require courts of justice, and those at the same time which have most rarely established them. The reason is that confederations have usually been formed by independent States, which entertained no real intention of obeying the central Government, and which very readily ceded the right of command to the federal executive, and very prudently reserved the right of non-compliance to themselves.
12d: The Union was divided into districts, in each of which a resident Federal judge was appointed, and the court in which he presided was termed a “District Court.” Each of the judges of the Supreme Court annually visits a certain portion of the Republic, in order to try the most important causes upon the spot; the court presided over by this magistrate is styled a “Circuit Court.” Lastly, all the most serious cases of litigation are brought before the Supreme Court, which holds a solemn session once a year, at which all the judges of the Circuit Courts must attend. The jury was introduced into the Federal Courts in the same manner, and in the same cases, as into the courts of the States.
It will be observed that no analogy exists between the Supreme Court of the United States and the French Cour de Cassation, since the latter only hears appeals on questions of law. The Supreme Court decides upon the evidence of the fact as well as upon the law of the case, whereas the Cour de Cassation does not pronounce a decision of its own, but refers the cause to the arbitration of another tribunal. See the law of September 24, 1789, “Laws of the United States,” by Story, vol. i. p. 53.
12e: In order to diminish the number of these suits, it was decided that in a great many Federal causes the courts of the States should be empowered to decide conjointly with those of the Union, the losing party having then a right of appeal to the Supreme Court of the United States. The Supreme Court of Virginia contested the right of the Supreme Court of the United States to judge an appeal from its decisions, but unsuccessfully. See “Kent’s Commentaries,” vol. i. p. 300, pp. 370 et seq.; Story’s “Commentaries,” p. 646; and “The Organic Law of the United States,” vol. i. p. 35.
12f: The Constitution also says that the Federal courts shall decide “controversies between a State and the citizens of another State.” And here a most important question of a constitutional nature arose, which was, whether the jurisdiction given by the Constitution in cases in which a State is a party extended to suits brought against a State as well as by it, or was exclusively confined to the latter. The question was most elaborately considered in the case of Chisholm v. Georgia, and was decided by the majority of the Supreme Court in the affirmative. The decision created general alarm among the States, and an amendment was proposed and ratified by which the power was entirely taken away, so far as it regards suits brought against a State. See Story’s “Commentaries,” p. 624, or in the large edition Section 1677.
12g: As for instance, all cases of piracy.
12h: This principle was in some measure restricted by the introduction of the several States as independent powers into the Senate, and by allowing them to vote separately in the House of Representatives when the President is elected by that body. But these are exceptions, and the contrary principle is the rule.
12i: It is perfectly clear, says Mr. Story (“Commentaries,” p. 503, or in the large edition Section 1379), that any law which enlarges, abridges, or in any manner changes the intention of the parties, resulting from the stipulations in the contract, necessarily impairs it. He gives in the same place a very long and careful definition of what is understood by a contract in Federal jurisprudence. A grant made by the State to a private individual, and accepted by him, is a contract, and cannot be revoked by any future law. A charter granted by the State to a company is a contract, and equally binding to the State as to the grantee. The clause of the Constitution here referred to insures, therefore, the existence of a great part of acquired rights, but not of all. Property may legally be held, though it may not have passed into the possessor’s hands by means of a contract; and its possession is an acquired right, not guaranteed by the Federal Constitution.
12j: A remarkable instance of this is given by Mr. Story (p. 508, or in the large edition Section 1388): “Dartmouth College in New Hampshire had been founded by a charter granted to certain individuals before the American Revolution, and its trustees formed a corporation under this charter. The legislature of New Hampshire had, without the consent of this corporation, passed an act changing the organization of the original provincial charter of the college, and transferring all the rights, privileges, and franchises from the old charter trustees to new trustees appointed under the act. The constitutionality of the act was contested, and, after solemn arguments, it was deliberately held by the Supreme Court that the provincial charter was a contract within the meaning of the Constitution (Art. I. Section 10), and that the emendatory act was utterly void, as impairing the obligation of that charter. The college was deemed, like other colleges of private foundation, to be a private eleemosynary institution, endowed by its charter with a capacity to take property unconnected with the Government. Its funds were bestowed upon the faith of the charter, and those funds consisted entirely of private donations. It is true that the uses were in some sense public, that is, for the general benefit, and not for the mere benefit of the corporators; but this did not make the corporation a public corporation. It was a private institution for general charity. It was not distinguishable in principle from a private donation, vested in private trustees, for a public charity, or for a particular purpose of beneficence. And the State itself, if it had bestowed funds upon a charity of the same nature, could not resume those funds.”
12k: See Chapter VI. on “Judicial Power in America.”
12l: See Kent’s “Commentaries,” vol. i. p. 387.
12n: (The number of States has now risen to 46 (1874), besides the District of Columbia.) – Ed.
12o: At this time Alexander Hamilton, who was one of the principal founders of the Constitution, ventured to express the following sentiments in “The Federalist,” No. 71: -
“There are some who would be inclined to regard the servile pliancy of the Executive to a prevailing current, either in the community or in the Legislature, as its best recommendation. But such men entertain very crude notions, as well of the purposes for which government was instituted as of the true means by which the public happiness may be promoted. The Republican principle demands that the deliberative sense of the community should govern the conduct of those to whom they entrust the management of their affairs; but it does not require an unqualified complaisance to every sudden breeze of passion, or to every transient impulse which the people may receive from the arts of men who flatter their prejudices to betray their interests. It is a just observation, that the people commonly intend the public good. This often applies to their very errors. But their good sense would despise the adulator who should pretend that they always reason right about the means of promoting it. They know from experience that they sometimes err; and the wonder is that they so seldom err as they do, beset, as they continually are, by the wiles of parasites and sycophants; by the snares of the ambitious, the avaricious, the desperate; by the artifices of men who possess their confidence more than they deserve it, and of those who seek to possess rather than to deserve it. When occasions present themselves in which the interests of the people are at variance with their inclinations, it is the duty of persons whom they have appointed to be the guardians of those interests to withstand the temporary delusion, in order to give them time and opportunity for more cool and sedate reflection. Instances might be cited in which a conduct of this kind has saved the people from very fatal consequences of their own mistakes, and has procured lasting monuments of their gratitude to the men who had courage and magnanimity enough to serve them at the peril of their displeasure.”
12p: This was the case in Greece, when Philip undertook to execute the decree of the Amphictyons; in the Low Countries, where the province of Holland always gave the law; and, in our own time, in the Germanic Confederation, in which Austria and Prussia assume a great degree of influence over the whole country, in the name of the Diet.
12q: Such has always been the situation of the Swiss Confederation, which would have perished ages ago but for the mutual jealousies of its neighbors.
12r: I do not speak of a confederation of small republics, but of a great consolidated Republic.
12s: See the Mexican Constitution of 1824.
12t: (This is precisely what occurred in 1862, and the following paragraph describes correctly the feelings and notions of the South. General Lee held that his primary allegiance was due, not to the Union, but to Virginia.) – Ed.
12u: For instance, the Union possesses by the Constitution the right of selling unoccupied lands for its own profit. Supposing that the State of Ohio should claim the same right in behalf of certain territories lying within its boundaries, upon the plea that the Constitution refers to those lands alone which do not belong to the jurisdiction of any particular State, and consequently should choose to dispose of them itself, the litigation would be carried on in the names of the purchasers from the State of Ohio and the purchasers from the Union, and not in the names of Ohio and the Union. But what would become of this legal fiction if the Federal purchaser was confirmed in his right by the courts of the Union, whilst the other competitor was ordered to retain possession by the tribunals of the State of Ohio?
12v: 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. (All doubt as to the powers of the Federal Executive was, however, removed by its efforts in the Civil War, and those powers were largely extended.) – Ed.
12w: (War broke out between the United States and Mexico in 1846, and ended in the conquest of an immense territory, including California.) – Ed.
13a: (It is scarcely necessary to remark that in more recent times the signification of these terms has changed. The Republicans are the representatives of the old Federalists, and the Democrats of the old Republicans. – Trans. Note (1861).) – Ed.
13b: (The divisions of North and South have since acquired a far greater degree of intensity, and the South, though conquered, still presents a formidable spirit of opposition to Northern government. – Translator’s Note, 1875.) – Ed.
14a: They only write in the papers when they choose to address the people in their own name; as, for instance, when they are called upon to repel calumnious imputations, and to correct a misstatement of facts.
14c: It may, however, be doubted whether this rational and self-guiding conviction arouses as much fervor or enthusiastic devotedness in men as their first dogmatical belief.
15a: I here use the word magistrates in the widest sense in which it can be taken; I apply it to all the officers to whom the execution of the laws is intrusted.
15b: See the Act of February 27, 1813. “General Collection of the Laws of Massachusetts,” vol. ii. p. 331. It should be added that the jurors are afterwards drawn from these lists by lot.
15c: See Act of February 28, 1787. “General Collection of the Laws of Massachusetts,” vol. i. p. 302.
15d: It is needless to observe that I speak here of the democratic form of government as applied to a people, not merely to a tribe.
15e: The word poor is used here, and throughout the remainder of this chapter, in a relative, not in an absolute sense. Poor men in America would often appear rich in comparison with the poor of Europe; but they may with propriety by styled poor in comparison with their more affluent countrymen.
15f: The gross receipts of the Treasury of the United States in 1832 were about $28,000,000; in 1870 they had risen to $411,000,000. The gross expenditure in 1832 was $30,000,000; in 1870, $309,000,000.
15g: The easy circumstances in which secondary functionaries are placed in the United States result also from another cause, which is independent of the general tendencies of democracy; every kind of private business is very lucrative, and the State would not be served at all if it did not pay its servants. The country is in the position of a commercial undertaking, which is obliged to sustain an expensive competition, notwithstanding its tastes for economy.
15h: The State of Ohio, which contains a million of inhabitants, gives its Governor a salary of only $1,200 a year.
15i: To render this assertion perfectly evident, it will suffice to examine the scale of salaries of the agents of the Federal Government. I have added the salaries attached to the corresponding officers in France under the constitutional monarchy to complete the comparison.
Footnote tr: (This comparison is based on the state of things existing in France and the United States in 1831. It has since materially altered in both countries, but not so much as to impugn the truth of the author’s observation.) – Ed.
15j: See the American budgets for the cost of indigent citizens and gratuitous instruction. In 1831 $250,000 were spent in the State of New York for the maintenance of the poor, and at least $1,000,000 were devoted to gratuitous instruction. (William’s “New York Annual Register,” 1832, pp. 205 and 243.) The State of New York contained only 1,900,000 inhabitants in the year 1830, which is not more than double the amount of population in the Department du Nord in France.
15k: The Americans, as we have seen, have four separate budgets, the Union, the States, the Counties, and the Townships having each severally their own. During my stay in America I made every endeavor to discover the amount of the public expenditure in the townships and counties of the principal States of the Union, and I readily obtained the budget of the larger townships, but I found it quite impossible to procure that of the smaller ones. I possess, however, some documents relating to county expenses, which, although incomplete, are still curious. I have to thank Mr. Richards, Mayor of Philadelphia, for the budgets of thirteen of the counties of Pennsylvania, viz., Lebanon, Centre, Franklin, Fayette, Montgomery, Luzerne, Dauphin, Butler, Alleghany, Columbia, Northampton, Northumberland, and Philadelphia, for the year 1830. Their population at that time consisted of 495,207 inhabitants. On looking at the map of Pennsylvania, it will be seen that these thirteen counties are scattered in every direction, and so generally affected by the causes which usually influence the condition of a country, that they may easily be supposed to furnish a correct average of the financial state of the counties of Pennsylvania in general; and thus, upon reckoning that the expenses of these counties amounted in the year 1830 to about $361,650, or nearly 75 cents for each inhabitant, and calculating that each of them contributed in the same year about $2.55 towards the Union, and about 75 cents to the State of Pennsylvania, it appears that they each contributed as their share of all the public expenses (except those of the townships) the sum of $4.05. This calculation is doubly incomplete, as it applies only to a single year and to one part of the public charges; but it has at least the merit of not being conjectural.
15l: Those who have attempted to draw a comparison between the expenses of France and America have at once perceived that no such comparison could be drawn between the total expenditure of the two countries; but they have endeavored to contrast detached portions of this expenditure. It may readily be shown that this second system is not at all less defective than the first. If I attempt to compare the French budget with the budget of the Union, it must be remembered that the latter embraces much fewer objects than then central Government of the former country, and that the expenditure must consequently be much smaller. If I contrast the budgets of the Departments with those of the States which constitute the Union, it must be observed that, as the power and control exercised by the States is much greater than that which is exercised by the Departments, their expenditure is also more considerable. As for the budgets of the counties, nothing of the kind occurs in the French system of finances; and it is, again, doubtful whether the corresponding expenses should be referred to the budget of the State or to those of the municipal divisions. Municipal expenses exist in both countries, but they are not always analogous. In America the townships discharge a variety of offices which are reserved in France to the Departments or to the State. It may, moreover, be asked what is to be understood by the municipal expenses of America. The organization of the municipal bodies or townships differs in the several States. Are we to be guided by what occurs in New England or in Georgia, in Pennsylvania or in the State of Illinois? A kind of analogy may very readily be perceived between certain budgets in the two countries; but as the elements of which they are composed always differ more or less, no fair comparison can be instituted between them. (The same difficulty exists, perhaps to a greater degree at the present time, when the taxation of America has largely increased. – 1874.) – Ed.
15m: Even if we knew the exact pecuniary contributions of every French and American citizen to the coffers of the State, we should only come at a portion of the truth. Governments do not only demand supplies of money, but they call for personal services, which may be looked upon as equivalent to a given sum. When a State raises an army, besides the pay of the troops, which is furnished by the entire nation, each soldier must give up his time, the value of which depends on the use he might make of it if he were not in the service. The same remark applies to the militia; the citizen who is in the militia devotes a certain portion of valuable time to the maintenance of the public peace, and he does in reality surrender to the State those earnings which he is prevented from gaining. Many other instances might be cited in addition to these. The governments of France and of America both levy taxes of this kind, which weigh upon the citizens; but who can estimate with accuracy their relative amount in the two countries?
This, however, is not the last of the difficulties which prevent us from comparing the expenditure of the Union with that of France. The French Government contracts certain obligations which do not exist in America, and vice versa. The French Government pays the clergy; in America the voluntary principle prevails. In America there is a legal provision for the poor; in France they are abandoned to the charity of the public. The French public officers are paid by a fixed salary; in America they are allowed certain perquisites. In France contributions in kind take place on very few roads; in America upon almost all the thoroughfares: in the former country the roads are free to all travellers; in the latter turnpikes abound. All these differences in the manner in which contributions are levied in the two countries enhance the difficulty of comparing their expenditure; for there are certain expenses which the citizens would not be subject to, or which would at any rate be much less considerable, if the State did not take upon itself to act in the name of the public.
15n: See the details in the Budget of the French Minister of Marine; and for America, the National Calendar of 1833, p. 228. (But the public debt of the United States in 1870, caused by the Civil War, amounted to $2,480,672,427; that of France was more than doubled by the extravagance of the Second Empire and by the war of 1870.) – Ed.
15o: (That is precisely what has since occurred.) – Ed.
15p: 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 though obscure sacrifice which was made by a whole people.
15q: (The Civil War showed that when the necessity arose the American people, both in the North and in the South, are capable of making the most enormous sacrifices, both in money and in men.) – Ed.
15r: “The President,” says the Constitution, Art. II, sect. 2, Section 2, “shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the senators present concur.” The reader is reminded that the senators are returned for a term of six years, and that they are chosen by the legislature of each State.
15s: See the fifth volume of Marshall’s “Life of Washington.” In a government constituted like that of the United States,” he says, “it is impossible for the chief magistrate, however firm he may be, to oppose for any length of time the torrent of popular opinion; and the prevalent opinion of that day seemed to incline to war. In fact, in the session of Congress held at the time, it was frequently seen that Washington had lost the majority in the House of Representatives.” The violence of the language used against him in public was extreme, and in a political meeting they did not scruple to compare him indirectly to the treacherous Arnold. “By the opposition,” says Marshall, “the friends of the administration were declared to be an aristocratic and corrupt faction, who, from a desire to introduce monarchy, were hostile to France and under the influence of Britain; that they were a paper nobility, whose extreme sensibility at every measure which threatened the funds, induced a tame submission to injuries and insults, which the interests and honor of the nation required them to resist.”
16a: (The legislation of England for the forty years is certainly not fairly open to this criticism, which was written before the Reform Bill of 1832, and accordingly Great Britain has thus far escaped and surmounted the perils and calamities to which she seemed to be exposed.) – Ed.
16b: (This, too, has been amended by much larger provisions for the amusements of the people in public parks, gardens, museums, etc.; and the conduct of the people in these places of amusement has improved in the same proportion.) – Ed.
16c: At the time of my stay in the United States the temperance societies already consisted of more than 270,000 members, and their effect had been to diminish the consumption of fermented liquors by 500,000 gallons per annum in the State of Pennsylvania alone.
16d: The same remark was made at Rome under the first Caesars. Montesquieu somewhere alludes to the excessive despondency of certain Roman citizens who, after the excitement of political life, were all at once flung back into the stagnation of private life.
17a: We observed, in examining the Federal Constitution, 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 State are in the governments of the States are in reality the authorities which direct society in America.
17b: The legislative acts promulgated by the State of Massachusetts 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 Massachusetts, 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.
17c: No one will assert 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 towards another nation, it cannot be denied that a party may do the same towards another party.
17d: 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 assembled, 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 frenzy 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 county?”
“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 an undisputed right of voting, but they voluntarily abstain from making their appearance.”
“A very pretty piece of modesty on their parts!” rejoined I.
“Why, the truth is, that they are not disinclined to vote, but they are afraid of being maltreated; in this country the law is sometimes unable to maintain its authority without the support of the majority. But in this case the majority entertains very strong prejudices against the blacks, and the magistrates are unable to protect them in the exercise of their legal privileges.”
“What! then the majority claims the right not only of making the laws, but of breaking the laws it has made?”
17e: This power may be centred in an assembly, in which case it will be strong without being stable; or it may be centred in an individual, in which case it will be less strong, but more stable.
17f: I presume that it is scarcely necessary to remind the reader here, as well as throughout the remainder of this chapter, that I am speaking, not of the Federal Government, but of the several governments of each State, which the majority controls at its pleasure.
18a: See chapter VI. on the “Judicial Power in the United States.”
18b: The investigation of trial by jury as a judicial institution, and the appreciation of its effects in the United States, together with the advantages the Americans have derived from it, would suffice to form a book, and a book upon a very useful and curious subject. The State of Louisiana would in particular afford the curious phenomenon of a French and English legislation, as well as a French and English population, which are gradually combining with each other. See the “Digeste des Lois de la Louisiane,” in two volumes; and the “Traite sur les Regles des Actions civiles,” printed in French and English at New Orleans in 1830.
18c: All the English and American jurists are unanimous upon this head. Mr. Story, judge of the Supreme Court of the United States, speaks, in his “Treatise on the Federal Constitution,” of the advantages of trial by jury in civil cases: – “ The inestimable privilege of a trial by jury in civil cases – a privilege scarcely inferior to that in criminal cases, which is counted by all persons to be essential to political and civil liberty. . . .” (Story, book iii., chap. xxxviii.)
18d: If it were our province to point out the utility of the jury as a judicial institution in this place, much might be said, and the following arguments might be brought forward amongst others: -
By introducing the jury into the business of the courts you are enabled to diminish the number of judges, which is a very great advantage. When judges are very numerous, death is perpetually thinning the ranks of the judicial functionaries, and laying places vacant for newcomers. The ambition of the magistrates is therefore continually excited, and they are naturally made dependent upon the will of the majority, or the individual who fills up the vacant appointments; the officers of the court then rise like the officers of an army. This state of things is entirely contrary to the sound administration of justice, and to the intentions of the legislator. The office of a judge is made inalienable in order that he may remain independent: but of what advantage is it that his independence should be protected if he be tempted to sacrifice it of his own accord? When judges are very numerous many of them must necessarily be incapable of performing their important duties, for a great magistrate is a man of no common powers; and I am inclined to believe that a half-enlightened tribunal is the worst of all instruments for attaining those objects which it is the purpose of courts of justice to accomplish. For my own part, I had rather submit the decision of a case to ignorant jurors directed by a skilful judge than to judges a majority of whom are imperfectly acquainted with jurisprudence and with the laws.
18e: An important remark must, however, be made. Trial by jury does unquestionably invest the people with a general control over the actions of citizens, but it does not furnish means of exercising this control in all cases, or with an absolute authority. When an absolute monarch has the right of trying offences by his representatives, the fate of the prisoner is, as it were, decided beforehand. But even if the people were predisposed to convict, the composition and the non-responsibility of the jury would still afford some chances favorable to the protection of innocence.
18f: (This may be true to some extent of special juries, but not of common juries. The author seems not to have been aware that the qualifications of jurors in England vary exceedingly.) – Ed.
18i: The Federal judges decide upon their own authority almost all the questions most important to the country.
19a: The United States have no metropolis, but they already contain several very large cities. Philadelphia reckoned 161,000 inhabitants and New York 202,000 in the year 1830. The lower orders which inhabit these cities constitute a rabble even more formidable than the populace of European towns. They consist of freed blacks in the first place, who are condemned by the laws and by public opinion to a hereditary state of misery and degradation. They also contain a multitude of Europeans who have been driven to the shores of the New World by their misfortunes or their misconduct; and these men inoculate the United States with all our vices, without bringing with them any of those interests which counteract their baneful influence. As inhabitants of a country where they have no civil rights, they are ready to turn all the passions which agitate the community to their own advantage; thus, within the last few months serious riots have broken out in Philadelphia and in New York. Disturbances of this kind are unknown in the rest of the country, which is nowise alarmed by them, because the population of the cities has hitherto exercised neither power nor influence over the rural districts. Nevertheless, I look upon the size of certain American cities, and especially on the nature of their population, as a real danger which threatens the future security of the democratic republics of the New World; and I venture to predict that they will perish from this circumstance unless the government succeeds in creating an armed force, which, whilst it remains under the control of the majority of the nation, will be independent of the town population, and able to repress its excesses.
(The population of the city of New York had risen, in 1870, to 942,292, and that of Philadelphia to 674,022. Brooklyn, which may be said to form part of New York city, has a population of 396,099, in addition to that of New York. The frequent disturbances in the great cities of America, and the excessive corruption of their local governments – over which there is no effectual control – are amongst the greatest evils and dangers of the country.) – Ed.
19b: (The number of foreign immigrants into the United States in the last fifty years (from 1820 to 1871) is stated to be 7,556,007. Of these, 4,104,553 spoke English – that is, they came from Great Britain, Ireland, or the British colonies; 2,643,069 came from Germany or northern Europe; and about half a million from the south of Europe.) – Ed.
19c: In New England the estates are exceedingly small, but they are rarely subjected to further division.
19d: (It is difficult to ascertain with accuracy the amount of the Roman Catholic population of the United States, but in 1868 an able writer in the “Edinburgh Review” (vol. cxxvii. p. 521) affirmed that the whole Catholic population of the United States was then about 4,000,000, divided into 43 dioceses, with 3,795 churches, under the care of 45 bishops and 2,317 clergymen. But this rapid increase is mainly supported by immigration from the Catholic countries of Europe.) – Ed.
19e: The New York “Spectator” of August 23, 1831, relates the fact in the following terms: – “The Court of Common Pleas of Chester county (New York) a few days since rejected a witness who declared his disbelief in the existence of God. The presiding judge remarked that he had not before been aware that there was a man living who did not believe in the existence of God; that this belief constituted the sanction of all testimony in a court of justice, and that he knew of no cause in a Christian country where a witness had been permitted to testify without such belief.”
19f: Unless this term be applied to the functions which many of them fill in the schools. Almost all education is entrusted to the clergy.
19g: See the Constitution of New York, art. 7, Section 4: – “And whereas the ministers of the gospel are, by their profession, dedicated to the service of God and the care of souls, and ought not to be diverted from the great duties of their functions: therefore no minister of the gospel, or priest of any denomination whatsoever, shall at any time hereafter, under any pretence or description whatever, be eligible to, or capable of holding, any civil or military office or place within this State.”
See also the constitutions of North Carolina, art. 31; Virginia; South Carolina, art. I, Section 23; Kentucky, art. 2, Section 26; Tennessee, art. 8, Section I; Louisiana, art. 2, Section 22.
19h: (This cannot be said with truth of the country of Kent, Story, and Wheaton.) – Ed.
19i: (In the Northern States the number of persons destitute of instruction is inconsiderable, the largest number being 241,152 in the State of New York (according to Spaulding’s “Handbook of American Statistics” for 1874); but in the South no less than 1,516,339 whites and 2,671,396 colored persons are returned as “illiterate.”) – Ed.
19j: I travelled along a portion of the frontier of the United States in a sort of cart which was termed the mail. We passed, day and night, with great rapidity along the roads which were scarcely marked out, through immense forests; when the gloom of the woods became impenetrable the coachman lighted branches of fir, and we journeyed along by the light they cast. From time to time we came to a hut in the midst of the forest, which was a post- office. The mail dropped an enormous bundle of letters at the door of this isolated dwelling, and we pursued our way at full gallop, leaving the inhabitants of the neighboring log houses to send for their share of the treasure.
(When the author visited America the locomotive and the railroad were scarcely invented, and not yet introduced in the United States. It is superfluous to point out the immense effect of those inventions in extending civilization and developing the resources of that vast continent. In 1831 there were 51 miles of railway in the United States; in 1872 there were 60,000 miles of railway.) – Ed.
19k: In 1832 each inhabitant of Michigan paid a sum equivalent to 1 fr. 22 cent. (French money) to the post-office revenue, and each inhabitant of the Floridas paid 1 fr. 5 cent. (See “National Calendar,” 1833, p. 244.) In the same year each inhabitant of the Departement du Nord paid 1 fr. 4 cent. to the revenue of the French post-office. (See the “Compte rendu de l'administration des Finances,” 1833, p. 623.) Now the State of Michigan only contained at that time 7 inhabitants per square league and Florida only 5: the public instruction and the commercial activity of these districts is inferior to that of most of the States in the Union, whilst the Departement du Nord, which contains 3,400 inhabitants per square league, is one of the most enlightened and manufacturing parts of France.
19l: I remind the reader of the general signification which I give to the word “manners,” namely, the moral and intellectual characteristics of social man taken collectively.
19m: (A remark which, since the great Civil War of 1861-65, ceases to be applicable.) – Ed.
19n: (This prediction of the return of France to imperial despotism, and of the true character of that despotic power, was written in 1832, and realized to the letter in 1852.) – Ed.
20a: The native of North America retains his opinions and the most insignificant of his habits with a degree of tenacity which has no parallel in history. For more than two hundred years the wandering tribes of North America have had daily intercourse with the whites, and they have never derived from them either a custom or an idea. Yet the Europeans have exercised a powerful influence over the savages: they have made them more licentious, but not more European. In the summer of 1831 I happened to be beyond Lake Michigan, at a place called Green Bay, which serves as the extreme frontier between the United States and the Indians on the north-western side. Here I became acquainted with an American officer, Major H., who, after talking to me at length on the inflexibility of the Indian character, related the following fact: – “I formerly knew a young Indian,” said he, “who had been educated at a college in New England, where he had greatly distinguished himself, and had acquired the external appearance of a member of civilized society. When the war broke out between ourselves and the English in 1810, I saw this young man again; he was serving in our army, at the head of the warriors of his tribe, for the Indians were admitted amongst the ranks of the Americans, upon condition that they would abstain from their horrible custom of scalping their victims. On the evening of the battle of . . ., C. came and sat himself down by the fire of our bivouac. I asked him what had been his fortune that day: he related his exploits; and growing warm and animated by the recollection of them, he concluded by suddenly opening the breast of his coat, saying, ‘You must not betray me – see here!’ And I actually beheld,” said the Major, “between his body and his shirt, the skin and hair of an English head, still dripping with gore.”
20b: In the thirteen original States there are only 6,273 Indians remaining. (See Legislative Documents, 20th Congress, No. 117, p. 90.) (The decrease in now far greater, and is verging on extinction. See page 360 of this volume.) – Ed.
20c: Messrs. Clarke and Cass, in their Report to Congress on February 4, 1829, p. 23, expressed themselves thus: – “The time when the Indians generally could supply themselves with food and clothing, without any of the articles of civilized life, has long since passed away. The more remote tribes, beyond the Mississippi, who live where immense herds of buffalo are yet to be found and who follow those animals in their periodical migrations, could more easily than any others recur to the habits of their ancestors, and live without the white man or any of his manufactures. But the buffalo is constantly receding. The smaller animals, the bear, the deer, the beaver, the otter, the muskrat, etc., principally minister to the comfort and support of the Indians; and these cannot be taken without guns, ammunition, and traps. Among the Northwestern Indians particularly, the labor of supplying a family with food is excessive. Day after day is spent by the hunter without success, and during this interval his family must subsist upon bark or roots, or perish. Want and misery are around them and among them. Many die every winter from actual starvation.”
The Indians will not live as Europeans live, and yet they can neither subsist without them, nor exactly after the fashion of their fathers. This is demonstrated by a fact which I likewise give upon official authority. Some Indians of a tribe on the banks of Lake Superior had killed a European; the American government interdicted all traffic with the tribe to which the guilty parties belonged, until they were delivered up to justice. This measure had the desired effect.
20d: “Five years ago,” (says Volney in his “Tableau des Etats-Unis,” p. 370) “in going from Vincennes to Kaskaskia, a territory which now forms part of the State of Illinois, but which at the time I mention was completely wild (1797), you could not cross a prairie without seeing herds of from four to five hundred buffaloes. There are now none remaining; they swam across the Mississippi to escape from the hunters, and more particularly from the bells of the American cows.”
20e: The truth of what I here advance may be easily proved by consulting the tabular statement of Indian tribes inhabiting the United States and their territories. (Legislative Documents, 20th Congress, No. 117, pp. 90-105.) It is there shown that the tribes in the centre of America are rapidly decreasing, although the Europeans are still at a considerable distance from them.
20f: “The Indians,” say Messrs. Clarke and Cass in their Report to Congress, p. 15, “are attached to their country by the same feelings which bind us to ours; and, besides, there are certain superstitious notions connected with the alienation of what the Great Spirit gave to their ancestors, which operate strongly upon the tribes who have made few or no cessions, but which are gradually weakened as our intercourse with them is extended. ‘We will not sell the spot which contains the bones of our fathers,’ is almost always the first answer to a proposition for a sale.”
20g: See, in the Legislative Documents of Congress (Doc. 117), the narrative of what takes place on these occasions. This curious passage is from the above-mentioned report, made to Congress by Messrs. Clarke and Cass in February, 1829. Mr. Cass is now the Secretary of War.
“The Indians,” says the report, “reach the treaty-ground poor and almost naked. Large quantities of goods are taken there by the traders, and are seen and examined by the Indians. The women and children become importunate to have their wants supplied, and their influence is soon exerted to induce a sale. Their improvidence is habitual and unconquerable. The gratification of his immediate wants and desires is the ruling passion of an Indian. The expectation of future advantages seldom produces much effect. The experience of the past is lost, and the prospects of the future disregarded. It would be utterly hopeless to demand a cession of land, unless the means were at hand of gratifying their immediate wants; and when their condition and circumstances are fairly considered, it ought not to surprise us that they are so anxious to relieve themselves.”
20h: On May 19, 1830, Mr. Edward Everett affirmed before the House of Representatives, that the Americans had already acquired by treaty, to the east and west of the Mississippi, 230,000,000 of acres. In 1808 the Osages gave up 48,000,000 acres for an annual payment of $1,000. In 1818 the Quapaws yielded up 29,000,000 acres for $4,000. They reserved for themselves a territory of 1,000,000 acres for a hunting-ground. A solemn oath was taken that it should be respected: but before long it was invaded like the rest. Mr. Bell, in his Report of the Committee on Indian Affairs, February 24, 1830, has these words: – “To pay an Indian tribe what their ancient hunting-grounds are worth to them, after the game is fled or destroyed, as a mode of appropriating wild lands claimed by Indians, has been found more convenient, and certainly it is more agreeable to the forms of justice, as well as more merciful, than to assert the possession of them by the sword. Thus the practice of buying Indian titles is but the substitute which humanity and expediency have imposed, in place of the sword, in arriving at the actual enjoyment of property claimed by the right of discovery, and sanctioned by the natural superiority allowed to the claims of civilized communities over those of savage tribes. Up to the present time so invariable has been the operation of certain causes, first in diminishing the value of forest lands to the Indians, and secondly in disposing them to sell readily, that the plan of buying their right of occupancy has never threatened to retard, in any perceptible degree, the prosperity of any of the States.” (Legislative Documents, 21st Congress, No. 227, p. 6.)
20i: This seems, indeed, to be the opinion of almost all American statesmen. “Judging of the future by the past,” says Mr. Cass, “we cannot err in anticipating a progressive diminution of their numbers, and their eventual extinction, unless our border should become stationary, and they be removed beyond it, or unless some radical change should take place in the principles of our intercourse with them, which it is easier to hope for than to expect.”
20j: Amongst other warlike enterprises, there was one of the Wampanaogs, and other confederate tribes, under Metacom in 1675, against the colonists of New England; the English were also engaged in war in Virginia in 1622.
20k: See the “Histoire de la Nouvelle France,” by Charlevoix, and the work entitled “Lettres edifiantes.”
20l: “In all the tribes,” says Volney, in his “Tableau des Etats-Unis,” p. 423, “there still exists a generation of old warriors, who cannot forbear, when they see their countrymen using the hoe, from exclaiming against the degradation of ancient manners, and asserting that the savages owe their decline to these innovations; adding, that they have only to return to their primitive habits in order to recover their power and their glory.”
20m: The following description occurs in an official document: “Until a young man has been engaged with an enemy, and has performed some acts of valor, he gains no consideration, but is regarded nearly as a woman. In their great war-dances all the warriors in succession strike the post, as it is called, and recount their exploits. On these occasions their auditory consists of the kinsmen, friends, and comrades of the narrator. The profound impression which his discourse produces on them is manifested by the silent attention it receives, and by the loud shouts which hail its termination. The young man who finds himself at such a meeting without anything to recount is very unhappy; and instances have sometimes occurred of young warriors, whose passions had been thus inflamed, quitting the war-dance suddenly, and going off alone to seek for trophies which they might exhibit, and adventures which they might be allowed to relate.”
20n: These nations are now swallowed up in the States of Georgia, Tennessee, Alabama, and Mississippi. There were formerly in the South four great nations (remnants of which still exist), the Choctaws, the Chickasaws, the Creeks, and the Cherokees. The remnants of these four nations amounted, in 1830, to about 75,000 individuals. It is computed that there are now remaining in the territory occupied or claimed by the Anglo-American Union about 300,000 Indians. (See Proceedings of the Indian Board in the City of New York.) The official documents supplied to Congress make the number amount to 313,130. The reader who is curious to know the names and numerical strength of all the tribes which inhabit the Anglo-American territory should consult the documents I refer to. (Legislative Documents, 20th Congress, No. 117, pp. 90-105.) (In the Census of 1870 it is stated that the Indian population of the United States is only 25,731, of whom 7,241 are in California.) – Ed.
20o: I brought back with me to France one or two copies of this singular publication.
20p: See in the Report of the Committee on Indian Affairs, 21st Congress, No. 227, p. 23, the reasons for the multiplication of Indians of mixed blood among the Cherokees. The principal cause dates from the War of Independence. Many Anglo-Americans of Georgia, having taken the side of England, were obliged to retreat among the Indians, where they married.
20q: Unhappily the mixed race has been less numerous and less influential in North America than in any other country. The American continent was peopled by two great nations of Europe, the French and the English. The former were not slow in connecting themselves with the daughters of the natives, but there was an unfortunate affinity between the Indian character and their own: instead of giving the tastes and habits of civilized life to the savages, the French too often grew passionately fond of the state of wild freedom they found them in. They became the most dangerous of the inhabitants of the desert, and won the friendship of the Indian by exaggerating his vices and his virtues. M. de Senonville, the governor of Canada, wrote thus to Louis XIV in 1685: “It has long been believed that in order to civilize the savages we ought to draw them nearer to us. But there is every reason to suppose we have been mistaken. Those which have been brought into contact with us have not become French, and the French who have lived among them are changed into savages, affecting to dress and live like them.” (“History of New France,” by Charlevoix, vol. ii., p. 345.) The Englishman, on the contrary, continuing obstinately attached to the customs and the most insignificant habits of his forefathers, has remained in the midst of the American solitudes just what he was in the bosom of European cities; he would not allow of any communication with savages whom he despised, and avoided with care the union of his race with theirs. Thus while the French exercised no salutary influence over the Indians, the English have always remained alien from them.
20r: There is in the adventurous life of the hunter a certain irresistible charm, which seizes the heart of man and carries him away in spite of reason and experience. This is plainly shown by the memoirs of Tanner. Tanner is a European who was carried away at the age of six by the Indians, and has remained thirty years with them in the woods. Nothing can be conceived more appalling that the miseries which he describes. He tells us of tribes without a chief, families without a nation to call their own, men in a state of isolation, wrecks of powerful tribes wandering at random amid the ice and snow and desolate solitudes of Canada. Hunger and cold pursue them; every day their life is in jeopardy. Amongst these men, manners have lost their empire, traditions are without power. They become more and more savage. Tanner shared in all these miseries; he was aware of his European origin; he was not kept away from the whites by force; on the contrary, he came every year to trade with them, entered their dwellings, and witnessed their enjoyments; he knew that whenever he chose to return to civilized life he was perfectly able to do so – and he remained thirty years in the deserts. When he came into civilized society he declared that the rude existence which he described, had a secret charm for him which he was unable to define: he returned to it again and again: at length he abandoned it with poignant regret; and when he was at length fixed among the whites, several of his children refused to share his tranquil and easy situation. I saw Tanner myself at the lower end of Lake Superior; he seemed to me to be more like a savage than a civilized being. His book is written without either taste or order; but he gives, even unconsciously, a lively picture of the prejudices, the passions, the vices, and, above all, of the destitution in which he lived.
20s: The destructive influence of highly civilized nations upon others which are less so, has been exemplified by the Europeans themselves. About a century ago the French founded the town of Vincennes up on the Wabash, in the middle of the desert; and they lived there in great plenty until the arrival of the American settlers, who first ruined the previous inhabitants by their competition, and afterwards purchased their lands at a very low rate. At the time when M. de Volney, from whom I borrow these details, passed through Vincennes, the number of the French was reduced to a hundred individuals, most of whom were about to pass over to Louisiana or to Canada. These French settlers were worthy people, but idle and uninstructed: they had contracted many of the habits of savages. The Americans, who were perhaps their inferiors, in a moral point of view, were immeasurably superior to them in intelligence: they were industrious, well informed, rich, and accustomed to govern their own community.
20t: See in the Legislative Documents (21st Congress, No. 89) instances of excesses of every kind committed by the whites upon the territory of the Indians, either in taking possession of a part of their lands, until compelled to retire by the troops of Congress, or carrying off their cattle, burning their houses, cutting down their corn, and doing violence to their persons. It appears, nevertheless, from all these documents that the claims of the natives are constantly protected by the government from the abuse of force. The Union has a representative agent continually employed to reside among the Indians; and the report of the Cherokee agent, which is among the documents I have referred to, is almost always favorable to the Indians. “The intrusion of whites,” he says, “upon the lands of the Cherokees would cause ruin to the poor, helpless, and inoffensive inhabitants.” And he further remarks upon the attempt of the State of Georgia to establish a division line for the purpose of limiting the boundaries of the Cherokees, that the line drawn having been made by the whites, and entirely upon ex parte evidence of their several rights, was of no validity whatever.
20u: In 1829 the State of Alabama divided the Creek territory into counties, and subjected the Indian population to the power of European magistrates.
20v: The Georgians, who are so much annoyed by the proximity of the Indians, inhabit a territory which does not at present contain more than seven inhabitants to the square mile. In France there are one hundred and sixty-two inhabitants to the same extent of country.
20w: In 1818 Congress appointed commissioners to visit the Arkansas Territory, accompanied by a deputation of Creeks, Choctaws, and Chickasaws. This expedition was commanded by Messrs. Kennerly, M'Coy, Wash Hood, and John Bell. See the different reports of the commissioners, and their journal, in the Documents of Congress, No. 87, House of Representatives.
20x: The fifth article of the treaty made with the Creeks in August, 1790, is in the following words: – “The United States solemnly guarantee to the Creek nation all their land within the limits of the United States.”
The seventh article of the treaty concluded in 1791 with the Cherokees says: – “The United States solemnly guarantee to the Cherokee nation all their lands not hereby ceded.” The following article declared that if any citizen of the United States or other settler not of the Indian race should establish himself upon the territory of the Cherokees, the United States would withdraw their protection from that individual, and give him up to be punished as the Cherokee nation should think fit.
20y: This does not prevent them from promising in the most solemn manner to do so. See the letter of the President addressed to the Creek Indians, March 23, 1829 (Proceedings of the Indian Board, in the city of New York, p. 5): “Beyond the great river Mississippi, where a part of your nation has gone, your father has provided a country large enough for all of you, and he advises you to remove to it. There your white brothers will not trouble you; they will have no claim to the land, and you can live upon it, you and all your children, as long as the grass grows, or the water runs, in peace and plenty. It will be yours forever.”
The Secretary of War, in a letter written to the Cherokees, April 18, 1829, (see the same work, p. 6), declares to them that they cannot expect to retain possession of the lands at that time occupied by them, but gives them the most positive assurance of uninterrupted peace if they would remove beyond the Mississippi: as if the power which could not grant them protection then, would be able to afford it them hereafter!
20z: To obtain a correct idea of the policy pursued by the several States and