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You can also find out about how to make a donation to Project Gutenberg, and how to get involved. **Welcome To The World of Free Plain Vanilla Electronic Texts** **eBooks Readable By Both Humans and By Computers, Since 1971** *****These eBooks Were Prepared By Thousands of Volunteers!***** Title: American Institutions and Their Influence Author: Alexis de Tocqueville et al Release Date: August, 2005 [EBook #8690] [This file was first posted on August 1, 2003] [Most recently updated: November 6, 2003] Edition: 11 Language: English Character set encoding: iso-8859-1 *** START OF THE PROJECT GUTENBERG EBOOK, AMERICAN INSTITUTIONS AND THEIR INFLUENCE *** E-text prepared by Lee Dawei, David King, and the Project Gutenberg Online Distributed Proofreading Team AMERICAN INSTITUTIONS AND THEIR INFLUENCE. BY ALEXIS DE TOCQUEVILLE. WITH NOTES, BY HON. JOHN C. SPENCER. Entered according to Act of Congress, in the year 1851, BY A.S. BARNES & CO., In the Clerk’s Office of the District Court of the United States for the Southern District of New York. ADVERTISEMENT. The American publishers of M. De Tocqueville’s "Democracy in America," have been frequently solicited to furnish the work in a form adapted to seminaries of learning, and at a price which would secure its more general circulation, and enable trustees of School District Libraries, and other libraries, to place it among their collections. Desirous to attain these objects, they have consulted several gentlemen, in whose judgment they confided, and particularly the editor of the American editions, to ascertain whether the work was capable of abridgment or condensation, so as to bring the expense of its publication within the necessary limits. They are advised that the nature of the work renders it impossible to condense it by omitting any remarks or illustrations of the author upon any subject discussed by him, even if common justice to him did not forbid any such attempt; and that the only mode of reducing its bulk, is to exclude wholly such subjects as are deemed not to be essential. It will be recollected that the first volume was originally published separately, and was complete in itself. It treated of the influence of democracy upon the political institutions of the United States, and exhibited views of the nature of our government, and of their complicated machinery, so new, so striking, and so just, as to excite the admiration and even the wonder of our countrymen. It was universally admitted to be the best, if not the first systematic and philosophic view of the great principles of our constitutions which has been presented to the world. As a treatise upon the spirit of our governments, it was full and finished, and was deemed worthy of being introduced as a text-book in some of our Seminaries of Learning. The publication of the first volume alone would therefore seem to be sufficient to accomplish in the main the objects of the publishers above stated. And upon a careful re-examination of the second volume, this impression is confirmed. It is entirely independent of the first volume, and is in no way essential to a full understanding of the principles and views contained in that volume. It discusses the effects of the democratic principle upon the tastes, feelings, habits, and manners of the Americans; and although deeply interesting and valuable, yet the observations of the author on these subjects are better calculated for foreign countries than for our own citizens. As he wrote for Europe they were necessary to his plan. They follow naturally and properly the profound views which had already been presented, and which they carry out and illustrate. But they furnish no new developments of those views, nor any facts that would be new to us. The publishers were therefore advised that the printing of the first volume complete and entire, was the only mode of attaining the object they had in view. They have accordingly determined to adopt that course, intending, if the public sentiment should require it, hereafter to print the second volume in the same style, so that both may be had at the same moderate price. A few notes, in addition to those contained in the former editions, have been made by the American editor, which upon a reperusal of the volume seemed useful if not necessary: and some statistical results of the census of 1840 have been added, in connection with similar results given by the author from returns previous to that year. PREFACE TO THE AMERICAN EDITION. The following work of M. DE TOCQUEVILLE has attracted great attention throughout Europe, where it is universally regarded as a sound, philosophical, impartial, and remarkably clear and distinct view of our political institutions, and of our manners, opinions, and habits, as influencing or influenced by those institutions. Writers, reviewers, and statesmen of all parties, have united in the highest commendations of its ability and integrity. The people, described by a work of such a character, should not be the only one in Christendom unacquainted with its contents. At least, so thought many of our most distinguished men, who have urged the publishers of this edition to reprint the work, and present it to the American public. They have done so in the hope of promoting among their countrymen a more thorough knowledge of their frames of government, and a more just appreciation of the great principles on which they are founded. But it seemed to them that a reprint in America of the views of an author so well entitled to regard and confidence, without any correction of the few errors or mistakes that might be found, would be in effect to give authenticity to the whole work, and that foreign readers, especially, would consider silence, under such circumstances, as strong evidence of the accuracy of its statements. The preface to the English edition, too, was not adapted to this country, having been written, as it would seem, in reference to the political questions which agitate Great Britain. The publishers, therefore, applied to the writer of this, to furnish them with a short preface, and such notes upon the text as might appear necessary to correct any erroneous impressions. Having had the honor of a personal acquaintance with M. DE TOCQUEVILLE while he was in this country; having discussed with him many of the topics treated of in this book; having entered deeply into the feelings and sentiments which guided and impelled him in his task, and having formed a high admiration of his character and of this production, the writer felt under some obligation to aid in procuring for one whom he ventures to call his friend, a hearing from those who were the subjects of his observations. These circumstances furnish to his own mind an apology for undertaking what no one seemed willing to attempt, notwithstanding his want of practice in literary composition, and notwithstanding the impediments of professional avocations, constantly recurring, and interrupting that strict and continued examination of the work, which became necessary, as well to detect any errors of the author, as any misunderstanding or misrepresentation of his meaning by his translator. If the same circumstances will atone in the least for the imperfections of what the editor has contributed to this edition, and will serve to mitigate the severity of judgment upon those contributions, it is all he can hope or ask. The NOTES are confined, with very few exceptions, to the correction of what appeared to be misapprehensions of the author in regard to some matters of fact, or some principles of law, and to explaining his meaning where the translator had misconceived it. For the latter purpose the original was consulted; and it affords great pleasure to bear witness to the general fidelity with which Mr. REEVE has transferred the author’s ideas from French into English. He has not been a literal translator, and this has been the cause of the very few errors which have been discovered: but he has been more and better: he has caught the spirit of M. DE TOCQUEVILLE, has understood the sentiment he meant to express, and has clothed it in the language which M. DE TOCQUEVILLE would have himself used, had he possessed equal facility in writing the English language. Being confined to the objects before mentioned, the reader will not find any comments on the theoretical views of our author. He has discussed many subjects on which very different opinions are entertained in the United States; but with an ability, a candor, and an evident devotion to the cause of truth, which will commend his views to those who most radically dissent from them. Indeed, readers of the most discordant opinions will find that he frequently agrees with both sides, and as frequently differs from them. As an instance, his remarks on slavery will not be found to coincide throughout with the opinions either of abolitionists or of slaveholders: but they will be found to present a masterly view of a most perplexing and interesting subject, which seems to cover the whole ground, and to lead to the melancholy conclusion of the utter impotency of human effort to eradicate this acknowledged evil. But on this, and on the various topics of the deepest interest which are discussed in this work, it was thought that the American readers would be fully competent to form their own opinions, and to detect any errors of the author, if such there are, without any attempt of the present editor to enlighten them. At all events, it is to be hoped that the citizens of the United States will patiently read, and candidly consider, the views of this accomplished foreigner, however hostile they may be to their own preconceived opinions or prejudices. He says: "There are certain truths which Americans can only learn from strangers, or from experience." Let us, then, at least listen to one who admires us and our institutions, and whose complaints, when he makes any, are, that we have not perfected our own glorious plans, and that there are some things yet to be amended. We shall thus furnish a practical proof, that public opinion in this country is not so intolerant as the author may be understood to represent it. However mistaken he may be, his manly appeal to our understandings and to our consciences, should at least be heard. "If ever," he says, "these lines are read in America, I am well assured of two things: in the first place, that all who peruse them will raise their voice to condemn me; and, in the second place, that very many of them will acquit me at the bottom of their consciences." He is writing on that very sore subject, the tyranny of public opinion in the United States. Fully to comprehend the scope of the present work, the author’s motive and object in preparing it should be distinctly kept in view. He has written, not for America, but for France. "It was not, then, merely to satisfy a legitimate curiosity," he says, "that I have examined America: my wish has been to find instruction, by which we might ourselves profit."--"I sought the image of democracy itself, with its inclinations, its character, its prejudices, and its passions, in order to learn what we have to hope or fear from its progress." He thinks that the principle of democracy has sprung into new life throughout Europe, and particularly in France, and that it is advancing: with a firm and steady march to the control of all civilized governments. In his own country, he had seen a recent attempt to repress its energies within due bounds, and to prevent the consequences of its excesses. And it seems to be a main object with him, to ascertain whether these bounds can be relied upon; whether the dikes and embankments of human contrivance can keep within any appointed channel this mighty and majestic stream. Giving the fullest confidence to his declaration, that his book "is written to favor no particular views and with no design of serving or attacking any party," it is yet evident that his mind has been very open to receive impressions unfavorable to the admission into France of the unbounded and unlimited democracy which reigns in these United States. A knowledge of this inclination of his mind will necessarily induce some caution in his readers, while perusing those parts of the work which treat of the effects of our democracy upon the stability of our government and its administration. While the views of the author, respecting the application of the democratic principle, in the extent that it exists with us, to the institutions of France, or to any of the European nations, are of the utmost importance to the people and statesmen of those countries, they are scarcely less entitled to the attention of Americans. He has exhibited, with admirable skill, the causes and circumstances which prepared our forefathers, gradually, for the enjoyment of free institutions, and which enable them to sustain, without abusing, the utmost liberty that was ever enjoyed by any people. In tracing these causes, in examining how far they continue to influence our conduct, manners, and opinions, and in searching for the means of preventing their decay or destruction, the intelligent American reader will find no better guide than M. DE TOCQUEVILLE. Fresh from the scenes of the "three days" revolution in France, the author came among us to observe, carefully and critically, the operation of the new principle on which the happiness of his country, and, as he seems to believe, the destinies of the civilized world, depend. Filled with the love of liberty, but remembering the atrocities which, in its name, had been committed under former dynasties at home, he sought to discover the means by which it was regulated in America, and reconciled with social order. By his laborious investigations, and minute observations of the history of the settlement of the country, and of its progress through the colonial state to independence, he found the object of his inquiry in the manners, habits, and opinions, of a people who had been gradually prepared, by a long course of peculiar circumstances, and by their local position, for self-government; and he has explained, with a pencil of light, the mystery that has baffled Europeans and perplexed Americans. He exhibits us, in our present condition, a new, and to Europeans, a strange people. His views of our political institutions are more general, comprehensive, and philosophic than have been presented by any writer, domestic or foreign. He has traced them from their source, democracy--the power of the people--and has steadily pursued this foundation-principle in all its forms and modifications: in the frame of our governments, in their administration by the different executives, in our legislation, in the arrangement of our judiciary, in our manners, in religion, in the freedom and licentiousness of the press, in the influence of public opinion, and in various subtle recesses, where its existence was scarcely suspected. In all these, he analyzes and dissects the tendencies of democracy; heartily applauds where he can, and faithfully and independently gives warning of dangers that he foresees. No one can read the result of his observations without better and clearer perceptions of the structure of out governments, of the great pillars on which they rest, and of the dangers to which they are exposed: nor without a more profound and more intelligent admiration of the harmony and beauty of their formation, and of the safeguards provided for preserving and transmitting them to a distant posterity. The more that general and indefinite notions of our own liberty, greatness, happiness, &c., are made to give place to precise and accurate knowledge of the true merits of our institutions, the peculiar objects they are calculated to attain or promote, and the means provided for that purpose, the better will every citizen be enabled to discharge his great political duty of guarding those means against the approach of corruption, and of sustaining them against the violence of party commotions. No foreigner has ever exhibited such a deep, clear, and correct insight of the machinery of our complicated systems of federal and state governments. The most intelligent Europeans are confounded with our _imperium in imperio_; and their constant wonder is, that these systems are not continually jostling each other. M. DE TOCQUEVILLE has clearly perceived, and traced correctly and distinctly, the orbits in which they move, and has described, or rather defined, our federal government, with an accurate precision, unsurpassed even by an American pen. There is no citizen of this country who will not derive instruction from our author’s account of our national government, or, at least, who will not find his own ideas systematised, and rendered more fixed and precise, by the perusal of that account. Among other subjects discussed by the author, that of the _political influence_ of the institution of trial by jury, is one of the most curious and interesting. He has certainly presented it in a light entirely new, and as important as it is new. It may be that he has exaggerated its influence as "a gratuitous public school;" but if he has, the error will be readily forgiven. His views of religion, as connected with patriotism, in other words, with the democratic principle, which he steadily keeps in view, are conceived in the noblest spirit of philanthropy, and cannot fail to confirm the principles already so thoroughly and universally entertained by the American people. And no one can read his observations on the union of "church and state," without a feeling of deep gratitude to the founders of our government, for saving us from such a prolific source of evil. These allusions to topics that have interested the writer, are not intended as an enumeration of the various subjects which will arrest the attention of the American reader. They have been mentioned rather with a view of exciting an appetite for the whole feast, than as exhibiting the choice dainties which cover the board. It remains only to observe, that in this edition the constitutions of the United States and of the state of New York, which had been published at large in the original and in the English edition, have been omitted, as they are documents to which every American reader has access. The map which the author annexed to his work, and which has been hitherto omitted, is now for the first time inserted in the American edition, to which has been added the census of 1840. TABLE OF CONTENTS. PREFACE BY THE AMERICAN EDITOR Introduction CHAPTER I. Exterior form of North America CHAPTER II. Origin of the Anglo-Americans, and its Importance in Relation to their future Condition Reasons of certain Anomalies which the Laws and Customs of the Anglo-Americans present CHAPTER III. Social Condition of the Anglo-Americans The striking Characteristic of the social Condition of the Anglo-Americans is its essential Democracy Political Consequences of the social Condition of the Anglo-Americans CHAPTER IV. The Principle of the Sovereignty of the People in America CHAPTER V. Necessity of examining the Condition of the States before that of the Union at large The American System of Townships and municipal Bodies Limits of the Townships Authorities of the Township in New England Existence of the Township Public Spirit of the Townships of New England The Counties of New England Administration in New England General Remarks on the Administration of the United States Of the State Legislative Power of the State The executive Power of the State Political Effects of the System of local Administration in the United States CHAPTER VI. Judicial Power in the United States, and its Influence on Political Society Other Powers granted to the American Judges CHAPTER VII. Political Jurisdiction in the United States CHAPTER VIII. The federal Constitution History of the federal Constitution Summary of the federal Constitution Prerogative of the federal Government Federal Powers Legislative Powers A farther Difference between the Senate and the House of Representatives The executive Power Differences between the Position of the President of the United States and that of a constitutional King of France. Accidental Causes which may increase the Influence of the executive Government Why the President of the United States does not require the Majority of the two Houses in Order to carry on the Government Election of the President Mode of Election Crisis of the Election Re-Election of the President Federal Courts Means of determining the Jurisdiction of the federal Courts Different Cases of Jurisdiction Procedure of the federal Courts High Rank of the supreme Courts among the great Powers of the State In what Respects the federal Constitution is superior to that of the States Characteristics which distinguish the federal Constitution of the United States of America from all other federal Constitutions Advantages of the federal System in General, and its special Utility in America Why the federal System is not adapted to all Peoples, and how the Anglo-Americans were enabled to adopt it CHAPTER IX. Why the People may strictly be said to govern in the United States CHAPTER X. Parties in the United States Remains of the aristocratic Party in the United States CHAPTER XI. Liberty of the Press in the United States CHAPTER XII. Political Associations in the United States CHAPTER XIII. Government of the Democracy in America Universal Suffrage Choice of the People, and instinctive Preferences of the American Democracy Causes which may partly correct the Tendencies of the Democracy Influence which the American Democracy has exercised on the Laws relating to Elections Public Officers under the control of the Democracy in America Arbitrary Power of Magistrates under the Rule of the American Democracy Instability of the Administration in the United States Charges levied by the State under the rule of the American Democracy Tendencies of the American Democracy as regards the Salaries of public Officers Difficulties of distinguishing the Causes which contribute to the Economy of the American Government Whether the Expenditure of the United States can be compared to that of France Corruption and vices of the Rulers in a Democracy, and consequent Effects upon public Morality Efforts of which a Democracy is capable Self-control of the American Democracy Conduct of foreign Affairs, by the American Democracy CHAPTER XIV. What the real Advantages are which American Society derives from the Government of the Democracy General Tendency of the Laws under the Rule of the American Democracy, and Habits of those who apply them Public Spirit in the United States Notion of Rights in the United States Respect for the Law in the United States Activity which pervades all the Branches of the Body politic in the United States; Influence which it exercises upon Society CHAPTER XV. Unlimited Power of the Majority in the United States, and its Consequences How the unlimited Power of the Majority increases in America, the Instability of Legislation inherent in Democracy Tyranny of the Majority Effects of the unlimited Power of the Majority upon the arbitrary Authority of the American public Officers Power exercised by the Majority in America upon public Opinion Effects of the Tyranny of the Majority upon the national Character of the Americans The greatest Dangers of the American Republics proceed from the unlimited Power of the Majority CHAPTER XVI. Causes which Mitigate the Tyranny of the Majority in the United States Absence of central Administration The Profession of the Law in the United States serves to Counterpoise the Democracy Trial by Jury in the United States considered as a political Institution CHAPTER XVII. Principal Causes which tend to maintain the democratic Republic in the United States Accidental or providential Causes which contribute to the Maintenance of the democratic Republic in the United States Influence of the Laws upon the Maintenance of the democratic Republic in the United States Influence of Manners upon the Maintenance of the democratic Republic in the United States Religion considered as a political Institution, which powerfully Contributes to the Maintenance of the democratic Republic among the Americans Indirect Influence of religious Opinions upon political Society in the United States Principal Causes which render Religion powerful in America How the Instruction, the Habits, and the practical Experience of the Americans, promote the Success of their democratic Institutions The Laws contribute more to the Maintenance of the democratic Republic in the United States than the physical Circumstances of the Country, and the Manners more than the Laws Whether Laws and Manners are sufficient to maintain democratic