American Institutions and Their Influence by Alexis de Tocqueville et al

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In America there is no law against fraudulent bankruptcies; not because
they are few, but because there are a great number of bankruptcies. The
dread of being prosecuted as a bankrupt acts with more intensity upon
the mind of the majority of the people, than the fear of being involved
in losses or ruin by the failure of other parties; and a sort of guilty
tolerance is extended by the public conscience, to an offence which
every one condemns in his individual capacity. In the new states of the
southwest, the citizens generally take justice into their own hands, and
murders are of very frequent occurrence. This arises from the rude
manners and the ignorance of the inhabitants of those deserts, who do
not perceive the utility of investing the law with adequate force, and
who prefer duels to prosecutions.

Some one observed to me one day, in Philadelphia, that almost all crimes
in America are caused by the abuse of intoxicating liquors, which the
lower classes can procure in great abundance from their excessive
cheapness.--"How comes it," said I, "that you do not put a duty upon
brandy?"--"Our legislators," rejoined my informant, "have frequently
thought of this expedient; but the task of putting it in operation is a
difficult one: a revolt might be apprehended; and the members who should
vote for a law of this kind would be sure of losing their
seats."--"Whence I am to infer," I replied, "that the drinking
population constitutes the majority in your country and that temperance
is somewhat unpopular."

When these things are pointed out to the American statesmen, they
content themselves with assuring you that time will operate the
necessary change, and that the experience of evil will teach the people
its true interests. This is frequently true; although a democracy is
more liable to error than a monarch or a body of nobles, the chances of
its regaining the right path, when once it has acknowledged its mistake,
are greater also; because it is rarely embarrassed by internal
interests, which conflict with those of the majority, and resist the
authority of reason. But a democracy can only obtain truth as the result
of experience; and many nations may forfeit their existence, while they
are awaiting the consequences of their errors.

The great privilege of the Americans does not simply consist in their
being more enlightened than other nations, but in their being able to
repair the faults they may commit. To which it must be added, that a
democracy cannot derive substantial benefit from past experience, unless
it be arrived at a certain pitch of knowledge and civilisation. There
are tribes and peoples whose education has been so vicious, and whose
character presents so strange a mixture of passion, of ignorance, and of
erroneous notions upon all subjects, that they are unable to discern the
cause of their own wretchedness, and they fall a sacrifice to ills with
which they are unacquainted.

I have crossed vast tracts of country that were formerly inhabited by
powerful Indian nations which are now extinct; I have myself passed some
time in the midst of mutilated tribes, which see the daily decline of
their numerical strength, and of the glory of their independence; and I
have heard these Indians themselves anticipate the impending doom of
their race. Every European can perceive means which would rescue these
unfortunate beings from inevitable destruction. They alone are
insensible to the expedient; they feel the woe which year after year
heaps upon their heads, but they will perish to a man without accepting
the remedy. It would be necessary to employ force to induce them to
submit to the protection and the constraint of civilisation.

The incessant revolutions which have convulsed the South American
provinces for the last quarter of a century have frequently been
adverted to with astonishment, and expectations have been expressed that
those nations would speedily return to their natural state. But can it
be affirmed that the turmoil of revolution is not actually the most
natural state of the South American Spaniards at the present time? In
that country society is plunged into difficulties from which all its
efforts are insufficient to rescue it. The inhabitants of that fair
portion of the western hemisphere seem obstinately bent on pursuing the
work of inward havoc. If they fall into a momentary repose from the
effects of exhaustion, that repose prepares them for a fresh state of
phrensy. When I consider their condition, which alternates between
misery and crime, I should be inclined to believe that despotism itself
would be a benefit to them, if it were possible that the words despotism
and benefit could ever be united in my mind.

* * * * *

CONDUCT OF FOREIGN AFFAIRS BY THE AMERICAN DEMOCRACY.

Direction given to the foreign Policy of the United States by Washington
and Jefferson.--Almost all the defects inherent in democratic
Institutions are brought to light in the Conduct of foreign
Affairs.--Their advantages are less perceptible.

We have seen that the federal constitution intrusts the permanent
direction of the external interests of the nation to the president and
the senate;[178] which tends in some degree to detach the general
foreign policy of the Union from the control of the people. It cannot
therefore be asserted, with truth, that the external affairs of state
are conducted by the democracy. The policy of America owes its rise to
Washington, and after him to Jefferson, who established those principles
which it observes at the present day. Washington said, in the admirable
letter which he addressed to his fellow-citizens, and which may be
looked upon as his political bequest to the country:--

"The great rule of conduct for us in regard to foreign nations is,
extending our commercial relations, to have with them as little
_political_ connexion as possible. So far as we have already formed
engagements, let them lie fulfilled with perfect good faith. Here let us
stop.

"Europe has a set of primary interests, which to us have none, or a very
remote relation. Hence, she must be engaged in frequent controversies,
the causes of which are essentially foreign to our concerns. Hence,
therefore, it must be unwise in us to implicate ourselves, by artificial
ties, in the ordinary vicissitudes of her politics, or the ordinary
combinations and collisions of her friendships or enmities.

"Our detached and distant situation invites and enables us to pursue a
different course. If we remain one people, under an efficient
government, the period is not far off when we may defy material injury
from external annoyance; when we may take such an attitude as will cause
the neutrality we may at any time resolve upon to be scrupulously
respected; when belligerent nations, under the impossibility of making
acquisitions upon us, will not lightly hazard the giving us provocation;
when we may choose peace or war, as our interest, guided by justice,
shall counsel.

"Why forego the advantages of so peculiar a situation? Why quit our own
to stand upon foreign ground? Why, by interweaving our destiny with that
of any part of Europe, entangle our peace and prosperity in the toils of
European ambition, rivalship, interest, humor, or caprice?

"It is our true policy to steer clear of permanent alliances with any
portion of the foreign world; so far, I mean, as we are now at liberty
to do it; for let me not be understood as capable of patronising
infidelity to existing engagements. I hold the maxim no less applicable
to public than to private affairs, that honesty is always the best
policy. I repeat it, therefore, let those engagements be observed in
their genuine sense; but in my opinion it is unnecessary, and would be
unwise, to extend them.

"Taking care always to keep ourselves, by suitable establishments, in a
respectable defensive posture, we may safely trust to temporary
alliances for extraordinary emergencies."

In a previous part of the same letter, Washington makes the following
admirable and just remark: "The nation which indulges toward another an
habitual hatred, or an habitual fondness, is, in some degree, a slave.
It is a slave to its animosity or its affection, either of which is
sufficient to lead it astray from its duty and its interest."

The political conduct of Washington was always guided by these maxims.
He succeeded in maintaining his country in a state of peace, while all
the other nations of the globe were at war; and he laid it down as a
fundamental doctrine, that the true interest of the Americans consisted
in a perfect neutrality with regard to the internal dissensions of the
European powers.

Jefferson went still farther, and introduced a maxim into the policy of
the Union, which affirms, that "the Americans ought never to solicit any
privileges from foreign nations, in order not to be obliged to grant
similar privileges themselves."

These two principles, which were so plain and so just as to be adapted
to the capacity of the populace, have greatly simplified the foreign
policy of the United States. As the Union takes no part in the affairs
of Europe, it has, properly speaking, no foreign interests to discuss,
since it has at present no powerful neighbors on the American continent.
The country is as much removed from the passions of the Old World by its
position, as by the line of policy which it has chosen; and it is
neither called upon to repudiate nor to espouse the conflicting
interests of Europe; while the dissensions of the New World are still
concealed within the bosom of the future.

The Union is free from all pre-existing obligations; and it is
consequently enabled to profit by the experience of the old nations of
Europe, without being obliged, as they are, to make the best of the
past, and to adapt it to their present circumstances; or to accept that
immense inheritance which they derive from their forefathers--an
inheritance of glory mingled with calamities, and of alliances
conflicting with national antipathies. The foreign policy of the United
States is reduced by its very nature to await the chances of the future
history of the nation; and for the present it consists more in
abstaining from interference than in exerting its activity.

It is therefore very difficult to ascertain, at present, what degree of
sagacity the American democracy will display in the conduct of the
foreign policy of the country; and upon this point its adversaries, as
well as its advocates, must suspend their judgment. As for myself, I
have no hesitation in avowing my conviction, that it is most especially
in the conduct of foreign relations, that democratic governments appear
to me to be decidedly inferior to governments carried on upon different
principles. Experience, instruction, and habit, may almost always
succeed in creating a species of practical discretion in democracies,
and that science of the daily occurrences of life which is called good
sense. Good sense may suffice to direct the ordinary course of society;
and among a people whose education has been provided for, the advantages
of democratic liberty in the internal affairs of the country may more
than compensate for the evils inherent in a democratic government. But
such is not always the case in the mutual relations of foreign nations.

Foreign politics demand scarcely any of those qualities which a
democracy possesses; and they require, on the contrary, the perfect use
of almost all those faculties in which it is deficient. Democracy is
favorable to the increase of the internal resources of a state; it tends
to diffuse a moderate independence; it promotes the growth of public
spirit, and fortifies the respect which is entertained for law in all
classes of society: and these are advantages which only exercise an
indirect influence over the relations which one people bears to another.
But a democracy is unable to regulate the details of an important
undertaking, to persevere in a design, and to work out its execution in
the presence of serious obstacles. It cannot combine its measures with
secrecy, and will not await their consequences with patience. These are
qualities which more especially belong to an individual or to an
aristocracy; and they are precisely the means by which an individual
people attains a predominant position.

If, on the contrary, we observe the natural defects of aristocracy, we
shall find that their influence is comparatively innoxious in the
direction of the external affairs of a state. The capital fault of which
aristocratic bodies may be accused, is that they are more apt to
contrive their own advantage than that of the mass of the people. In
foreign politics it is rare for the interest of the aristocracy to be in
any way distinct from that of the people.

The propensity which democracies have to obey the impulse of passion
rather than the suggestions of prudence, and to abandon a mature design
for the gratification of a momentary caprice, was very clearly seen in
America on the breaking out of the French revolution. It was then as
evident to the simplest capacity as it is at the present time, that the
interests of the Americans forbade them to take any part in the contest
which was about to deluge Europe with blood, but which could by no means
injure the welfare of their own country. Nevertheless the sympathies of
the people declared themselves with so much violence in behalf of
France, that nothing but the inflexible character of Washington, and the
immense popularity which he enjoyed, could have prevented the Americans
from declaring war against England. And even then, the exertions, which
the austere reason of that great man made to repress the generous but
imprudent passions of his fellow-citizens, very nearly deprived him of
the sole recompense which he had ever claimed--that of his country's
love. The majority then reprobated the line of policy which he adopted
and which has since been unanimously approved by the nation.[179]

If the constitution and the favor of the public had not intrusted the
direction of the foreign affairs of the country to Washington, it is
certain that the American nation would at that time have taken the very
measures which it now condemns.

Almost all the nations which have exercised a powerful influence upon
the destinies of the world, by conceiving, following up, and executing
vast designs--from the Romans to the English--have been governed by
aristocratic institutions. Nor will this be a subject of wonder when we
recollect that nothing in the world has so absolute a fixity of purpose
as an aristocracy. The mass of the people may be led astray by ignorance
or passion; the mind of a king may be biased, and his perseverance in
his designs may be shaken--beside which a king is not immortal; but an
aristocratic body is too numerous to be led astray by the blandishments
of intrigue, and yet not numerous enough to yield readily to the
intoxicating influence of unreflecting passion: it has the energy of a
firm and enlightened individual, added to the power which it derives
from its perpetuity.

* * * * *

Notes:

[164] 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.

[165] See the act 27th February, 1813, General Collection of the Laws of
Massachusetts, vol. ii., p. 331. It should be added that the Jurors are
afterward drawn from these lists by lot.

[166] See the act of 28th February, 1787, General Collection of the Laws
of Massachusetts, vol. i., p. 302.

[167] 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.

[168] The word _poor_ is used here, and throughout the remainder of this
chapter, in a relative and 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 be styled poor in comparison with their more affluent
countrymen.

[169] 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 taste for economy.

[170] The state of Ohio, which contains a million of inhabitants, gives
its governor a salary of only $1,200 (260_l_.) a year.

[171] 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, to complete the comparison:--

UNITED STATES. FRANCE.
_Treasury Department_. _Ministere des Finances_
Messenger . . . $ 700 150l. Huissier, 3,500 fr. . . 60l.
Clerk with lowest salary Clerk with lowest salary,
. . . 1,000 217 1,000 to 1,300 fr. . 40 to 72
Clerk with highest Clerk with highest salary
salary. . 1,600 347 3,200 to 3,600 fr. . 128 to 144
Chief clerk . 2,000 434 Secretaire-general, 20,000 fr. 800
Secretary of state . 6,000 1,300 The minister, 80,000 fr. . 3,200
The President . . 25,000 5,400 The king, 12,000,000 fr. 480,000

I have perhaps done wrong in selecting France as my standard of
comparison. In France the democratic tendencies of the nation exercise
an ever-increasing influence upon the government, and the chambers show
a disposition to raise the lowest salaries and to lower the principal
ones. Thus the minister of finance, who received 160,000 fr. under the
empire, receives 80,000 fr., in 1835; the directeurs-generaux of
finance, who then received 50,000 fr., now receive only 20,000 fr.

[172] See the American budgets for the cost of indigent citizens and
gratuitous instruction. In 1831, 50,000_l_. were spent in the state of
New York for the maintenance of the poor; and at least 200,000_l_. were
devoted to gratuitous instruction. (Williams's New York Annual Register,
1832, pp. 205, 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.

[173] 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,
Allegany, 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 72,330_l_., or nearly 3_s_. for each
inhabitant, and calculating that each of them contributed in the same
year about 10_s_. 2_d_. toward the Union, and about 3_s_. 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
16_s_. 2_d_. 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.

[174] 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 expenditures 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.

[175] 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 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, beside 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 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 versâ_. 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 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 subjected 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.

[176] See the details in the budget of the French minister of marine,
and for America, the National Calendar of 1833, p. 228.

[177] 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 and obscure sacrifice which was made by
a whole people.

[178] "The president," says the constitution, art. ii., sect. 2, § 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.

[179] 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 torrents 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."

CHAPTER XIV.

WHAT THE REAL ADVANTAGES ARE WHICH AMERICAN SOCIETY DERIVES FROM THE
GOVERNMENT OF THE DEMOCRACY.

Before I enter upon the subject of the present chapter, I am induced to
remind the reader of what I have more than once adverted to in the
course of this book. The political institutions of the United States
appear to me to be one of the forms of government which a democracy may
adopt but I do not regard the American constitution as the best, or as
the only one which a democratic people may establish. In showing the
advantages which the Americans derive from the government of democracy,
I am therefore very far from meaning, or from believing, that similar
advantages can be obtained only from the same laws.