Democracy In America Alexis De Tocqueville

Footnotes for Second Part

01. In all religions there are some ceremonies which are inherent in the substance of the faith itself, and in these nothing should, on any account, be changed. This is especially the case with Roman Catholicism, in which the doctrine and the form are frequently so closely united as to form one point of belief.

02. All this is especially true of the aristocratic countries which have been long and peacefully subject to a monarchical government. When liberty prevails in an aristocracy, the higher ranks are constantly obliged to make use of the lower classes; and when they use, they approach them. This frequently introduces something of a democratic spirit into an aristocratic community. There springs up, moreover, in a privileged body, governing with energy and an habitually bold policy, a taste for stir and excitement which must infallibly affect all literary performances.

03. (I adopt the expression of the original, however strange it may seem to the English ear, partly because it illustrates the remark on the introduction of general terms into democratic language which was made in a preceding chapter, and partly because I know of no English word exactly equivalent to the expression. The chapter itself defines the meaning attached to it by the author. – Translator’s Note.)

04. I say a democratic people: the administration of an aristocratic people may be the reverse of centralized, and yet the want of newspapers be little felt, because local powers are then vested in the hands of a very small number of men, who either act apart, or who know each other and can easily meet and come to an understanding.

05. This is more especially true when the executive government has a discretionary power of allowing or prohibiting associations. When certain associations are simply prohibited by law, and the courts of justice have to punish infringements of that law, the evil is far less considerable. Then every citizen knows beforehand pretty nearly what he has to expect. He judges himself before he is judged by the law, and, abstaining from prohibited associations, he embarks in those which are legally sanctioned. It is by these restrictions that all free nations have always admitted that the right of association might be limited. But if the legislature should invest a man with a power of ascertaining beforehand which associations are dangerous and which are useful, and should authorize him to destroy all associations in the bud or allow them to be formed, as nobody would be able to foresee in what cases associations might be established and in what cases they would be put down, the spirit of association would be entirely paralyzed. The former of these laws would only assail certain associations; the latter would apply to society itself, and inflict an injury upon it. I can conceive that a regular government may have recourse to the former, but I do not concede that any government has the right of enacting the latter.

06. It has often been remarked that manufacturers and mercantile men are inordinately addicted to physical gratifications, and this has been attributed to commerce and manufactures; but that is, I apprehend, to take the effect for the cause. The taste for physical gratifications is not imparted to men by commerce or manufactures, but it is rather this taste which leads men to embark in commerce and manufactures, as a means by which they hope to satisfy themselves more promptly and more completely. If commerce and manufactures increase the desire of well-being, it is because every passion gathers strength in proportion as it is cultivated, and is increased by all the efforts made to satiate it. All the causes which make the love of worldly welfare predominate in the heart of man are favorable to the growth of commerce and manufactures. Equality of conditions is one of those causes; it encourages trade, not directly by giving men a taste for business, but indirectly by strengthening and expanding in their minds a taste for prosperity.

07. Some aristocracies, however, have devoted themselves eagerly to commerce, and have cultivated manufactures with success. The history of the world might furnish several conspicuous examples. But, generally speaking, it may be affirmed that the aristocratic principle is not favorable to the growth of trade and manufactures. Moneyed aristocracies are the only exception to the rule. Amongst such aristocracies there are hardly any desires which do not require wealth to satisfy them; the love of riches becomes, so to speak, the high road of human passions, which is crossed by or connected with all lesser tracks. The love of money and the thirst for that distinction which attaches to power, are then so closely intermixed in the same souls, that it becomes difficult to discover whether men grow covetous from ambition, or whether they are ambitious from covetousness. This is the case in England, where men seek to get rich in order to arrive at distinction, and seek distinctions as a manifestation of their wealth. The mind is then seized by both ends, and hurried into trade and manufactures, which are the shortest roads that lead to opulence.

This, however, strikes me as an exceptional and transitory circumstance. When wealth is become the only symbol of aristocracy, it is very difficult for the wealthy to maintain sole possession of political power, to the exclusion of all other men. The aristocracy of birth and pure democracy are at the two extremes of the social and political state of nations: between them moneyed aristocracy finds its place. The latter approximates to the aristocracy of birth by conferring great privileges on a small number of persons; it so far belongs to the democratic element, that these privileges may be successively acquired by all. It frequently forms a natural transition between these two conditions of society, and it is difficult to say whether it closes the reign of aristocratic institutions, or whether it already opens the new era of democracy.

08. To feel the point of this joke the reader should recollect that Madame de Grignan was Gouvernante de Provence.

09. If the principal opinions by which men are guided are examined closely and in detail, the analogy appears still more striking, and one is surprised to find amongst them, just as much as amongst the haughtiest scions of a feudal race, pride of birth, respect for their ancestry and their descendants, disdain of their inferiors, a dread of contact, a taste for etiquette, precedents, and antiquity.

10. The Americans, however, have not yet thought fit to strip the parent, as has been done in France, of one of the chief elements of parental authority, by depriving him of the power of disposing of his property at his death. In the United States there are no restrictions on the powers of a testator. In this respect, as in almost all others, it is easy to perceive, that if the political legislation of the Americans is much more democratic than that of the French, the civil legislation of the latter is infinitely more democratic than that of the former. This may easily be accounted for. The civil legislation of France was the work of a man who saw that it was his interest to satisfy the democratic passions of his contemporaries in all that was not directly and immediately hostile to his own power. He was willing to allow some popular principles to regulate the distribution of property and the government of families, provided they were not to be introduced into the administration of public affairs. Whilst the torrent of democracy overwhelmed the civil laws of the country, he hoped to find an easy shelter behind its political institutions. This policy was at once both adroit and selfish; but a compromise of this kind could not last; for in the end political institutions never fail to become the image and expression of civil society; and in this sense it may be said that nothing is more political in a nation than its civil legislation.

11. See Appendix S.

12. See Appendix T.

13. The literature of Europe sufficiently corroborates this remark. When a European author wishes to depict in a work of imagination any of these great catastrophes in matrimony which so frequently occur amongst us, he takes care to bespeak the compassion of the reader by bringing before him ill-assorted or compulsory marriages. Although habitual tolerance has long since relaxed our morals, an author could hardly succeed in interesting us in the misfortunes of his characters, if he did not first palliate their faults. This artifice seldom fails: the daily scenes we witness prepare us long beforehand to be indulgent. But American writers could never render these palliations probable to their readers; their customs and laws are opposed to it; and as they despair of rendering levity of conduct pleasing, they cease to depict it. This is one of the causes to which must be attributed the small number of novels published in the United States.

14. See Appendix U.

15. The word “honor” is not always used in the same sense either in French or English. I. It first signifies the dignity, glory, or reverence which a man receives from his kind; and in this sense a man is said to acquire honor. 2. Honor signifies the aggregate of those rules by the assistance of which this dignity, glory, or reverence is obtained. Thus we say that a man has always strictly obeyed the laws of honor; or a man has violated his honor. In this chapter the word is always used in the latter sense.

16. Even the word “patrie” was not used by the French writers until the sixteenth century.

17. I speak here of the Americans inhabiting those States where slavery does not exist; they alone can be said to present a complete picture of democratic society.

18. (As a matter of fact, more recent experience has shown that place-hunting is quite as intense in the United States as in any country in Europe. It is regarded by the Americans themselves as one of the great evils of their social condition, and it powerfully affects their political institutions. But the American who seeks a place seeks not so much a means of subsistence as the distinction which office and public employment confer. In the absence of any true aristocracy, the public service creates a spurious one, which is as much an object of ambition as the distinctions of rank in aristocratic countries. – Translator’s Note.

19. If I inquire what state of society is most favorable to the great revolutions of the mind, I find that it occurs somewhere between the complete equality of the whole community and the absolute separation of ranks. Under a system of castes generations succeed each other without altering men’s positions; some have nothing more, others nothing better, to hope for. The imagination slumbers amidst this universal silence and stillness, and the very idea of change fades from the human mind. When ranks have been abolished and social conditions are almost equalized, all men are in ceaseless excitement, but each of them stands alone, independent and weak. This latter state of things is excessively different from the former one; yet it has one point of analogy – great revolutions of the human mind seldom occur in it. But between these two extremes of the history of nations is an intermediate period – a period as glorious as it is agitated – when the conditions of men are not sufficiently settled for the mind to be lulled in torpor, when they are sufficiently unequal for men to exercise a vast power on the minds of one another, and when some few may modify the convictions of all. It is at such times that great reformers start up, and new opinions suddenly change the face of the world.

20. The position of officers is indeed much more secure amongst democratic nations than elsewhere; the lower the personal standing of the man, the greater is the comparative importance of his military grade, and the more just and necessary is it that the enjoyment of that rank should be secured by the laws.

21. See Appendix V.

22. It is scarcely necessary for me to observe that the dread of war displayed by the nations of Europe is not solely attributable to the progress made by the principle of equality amongst them; independently of this permanent cause several other accidental causes of great weight might be pointed out, and I may mention before all the rest the extreme lassitude which the wars of the Revolution and the Empire have left behind them.

23. This is not only because these nations have the same social condition, but it arises from the very nature of that social condition which leads men to imitate and identify themselves with each other. When the members of a community are divided into castes and classes, they not only differ from one another, but they have no taste and no desire to be alike; on the contrary, everyone endeavors, more and more, to keep his own opinions undisturbed, to retain his own peculiar habits, and to remain himself. The characteristics of individuals are very strongly marked. When the state of society amongst a people is democratic – that is to say, when there are no longer any castes or classes in the community, and all its members are nearly equal in education and in property – the human mind follows the opposite direction. Men are much alike, and they are annoyed, as it were, by any deviation from that likeness: far from seeking to preserve their own distinguishing singularities, they endeavor to shake them off, in order to identify themselves with the general mass of the people, which is the sole representative of right and of might to their eyes. The characteristics of individuals are nearly obliterated. In the ages of aristocracy even those who are naturally alike strive to create imaginary differences between themselves: in the ages of democracy even those who are not alike seek only to become so, and to copy each other – so strongly is the mind of every man always carried away by the general impulse of mankind. Something of the same kind may be observed between nations: two nations having the same aristocratic social condition, might remain thoroughly distinct and extremely different, because the spirit of aristocracy is to retain strong individual characteristics; but if two neighboring nations have the same democratic social condition, they cannot fail to adopt similar opinions and manners, because the spirit of democracy tends to assimilate men to each other.

24. It should be borne in mind that I speak here of sovereign and independent democratic nations, not of confederate democracies; in confederacies, as the preponderating power always resides, in spite of all political fictions, in the state governments, and not in the federal government, civil wars are in fact nothing but foreign wars in disguise.

25. See Appendix W.

26. In democratic communities nothing but the central power has any stability in its position or any permanence in its undertakings. All the members of society are in ceaseless stir and transformation. Now it is in the nature of all governments to seek constantly to enlarge their sphere of action; hence it is almost impossible that such a government should not ultimately succeed, because it acts with a fixed principle and a constant will, upon men, whose position, whose notions, and whose desires are in continual vacillation. It frequently happens that the members of the community promote the influence of the central power without intending it. Democratic ages are periods of experiment, innovation, and adventure. At such times there are always a multitude of men engaged in difficult or novel undertakings, which they follow alone, without caring for their fellowmen. Such persons may be ready to admit, as a general principle, that the public authority ought not to interfere in private concerns; but, by an exception to that rule, each of them craves for its assistance in the particular concern on which he is engaged, and seeks to draw upon the influence of the government for his own benefit, though he would restrict it on all other occasions. If a large number of men apply this particular exception to a great variety of different purposes, the sphere of the central power extends insensibly in all directions, although each of them wishes it to be circumscribed. Thus a democratic government increases its power simply by the fact of its permanence. Time is on its side; every incident befriends it; the passions of individuals unconsciously promote it; and it may be asserted, that the older a democratic community is, the more centralized will its government become.

27. See Appendix X.

28. This gradual weakening of individuals in relation to society at large may be traced in a thousand ways. I shall select from amongst these examples one derived from the law of wills. In aristocracies it is common to profess the greatest reverence for the last testamentary dispositions of a man; this feeling sometimes even became superstitious amongst the older nations of Europe: the power of the State, far from interfering with the caprices of a dying man, gave full force to the very least of them, and insured to him a perpetual power. When all living men are enfeebled, the will of the dead is less respected: it is circumscribed within a narrow range, beyond which it is annulled or checked by the supreme power of the laws. In the Middle Ages, testamentary power had, so to speak, no limits: amongst the French at the present day, a man cannot distribute his fortune amongst his children without the interference of the State; after having domineered over a whole life, the law insists upon regulating the very last act of it.

29. In proportion as the duties of the central power are augmented, the number of public officers by whom that power is represented must increase also. They form a nation in each nation; and as they share the stability of the government, they more and more fill up the place of an aristocracy.

In almost every part of Europe the government rules in two ways; it rules one portion of the community by the fear which they entertain of its agents, and the other by the hope they have of becoming its agents.

30. On the one hand the taste for worldly welfare is perpetually increasing, and on the other the government gets more and more complete possession of the sources of that welfare. Thus men are following two separate roads to servitude: the taste for their own welfare withholds them from taking a part in the government, and their love of that welfare places them in closer dependence upon those who govern.

31. A strange sophism has been made on this head in France. When a suit arises between the government and a private person, it is not to be tried before an ordinary judge – in order, they say, not to mix the administrative and the judicial powers; as if it were not to mix those powers, and to mix them in the most dangerous and oppressive manner, to invest the government with the office of judging and administering at the same time.

32. I shall quote a few facts in corroboration of this remark. Mines are the natural sources of manufacturing wealth: as manufactures have grown up in Europe, as the produce of mines has become of more general importance, and good mining more difficult from the subdivision of property which is a consequence of the equality of conditions, most governments have asserted a right of owning the soil in which the mines lie, and of inspecting the works; which has never been the case with any other kind of property. Thus mines, which were private property, liable to the same obligations and sheltered by the same guarantees as all other landed property, have fallen under the control of the State. The State either works them or farms them; the owners of them are mere tenants, deriving their rights from the State; and, moreover, the State almost everywhere claims the power of directing their operations: it lays down rules, enforces the adoption of particular methods, subjects the mining adventurers to constant superintendence, and, if refractory, they are ousted by a government court of justice, and the government transfers their contract to other hands; so that the government not only possesses the mines, but has all the adventurers in its power. Nevertheless, as manufactures increase, the working of old mines increases also; new ones are opened, the mining population extends and grows up; day by day governments augment their subterranean dominions, and people them with their agents.

33. See Appendix Y.

34. See Appendix Z.

35. The 20th degree of longitude, according to the meridian of Washington, agrees very nearly with the 97th degree on the meridian of Greenwich.]

36. A folio edition of this work was published in London in 1702.]

37. This passage is extracted and translated from M. Conseil’s work upon the life of Jefferson, entitled “Melanges Politiques et Philosophiques de Jefferson."]

38. See “Memoires pour servir a l'Histoire du Droit Public de la France en matiere d'impots,” p. 654, printed at Brussels in 1779.]