Book Four: Influence Of Democratic Opinions On Political Society

## Chapter I: That Equality Naturally Gives Men A Taste For Free

Institutions

I should imperfectly fulfil the purpose of this book, if, after having shown what opinions and sentiments are suggested by the principle of equality, I did not point out, ere I conclude, the general influence which these same opinions and sentiments may exercise upon the government of human societies. To succeed in this object I shall frequently have to retrace my steps; but I trust the reader will not refuse to follow me through paths already known to him, which may lead to some new truth.

The principle of equality, which makes men independent of each other, gives them a habit and a taste for following, in their private actions, no other guide but their own will. This complete independence, which they constantly enjoy towards their equals and in the intercourse of private life, tends to make them look upon all authority with a jealous eye, and speedily suggests to them the notion and the love of political freedom. Men living at such times have a natural bias to free institutions. Take any one of them at a venture, and search if you can his most deep-seated instincts; you will find that of all governments he will soonest conceive and most highly value that government, whose head he has himself elected, and whose administration he may control. Of all the political effects produced by the equality of conditions, this love of independence is the first to strike the observing, and to alarm the timid; nor can it be said that their alarm is wholly misplaced, for anarchy has a more formidable aspect in democratic countries than elsewhere. As the citizens have no direct influence on each other, as soon as the supreme power of the nation fails, which kept them all in their several stations, it would seem that disorder must instantly reach its utmost pitch, and that, every man drawing aside in a different direction, the fabric of society must at once crumble away.

I am, however, persuaded that anarchy is not the principal evil which democratic ages have to fear, but the least. For the principle of equality begets two tendencies; the one leads men straight to independence, and may suddenly drive them into anarchy; the other conducts them by a longer, more secret, but more certain road, to servitude. Nations readily discern the former tendency, and are prepared to resist it; they are led away by the latter, without perceiving its drift; hence it is peculiarly important to point it out. For myself, I am so far from urging as a reproach to the principle of equality that it renders men untractable, that this very circumstance principally calls forth my approbation. I admire to see how it deposits in the mind and heart of man the dim conception and instinctive love of political independence, thus preparing the remedy for the evil which it engenders; it is on this very account that I am attached to it.

## Chapter II: That The Notions Of Democratic Nations On Government Are

Naturally Favorable To The Concentration Of Power

The notion of secondary powers, placed between the sovereign and his subjects, occurred naturally to the imagination of aristocratic nations, because those communities contained individuals or families raised above the common level, and apparently destined to command by their birth, their education, and their wealth. This same notion is naturally wanting in the minds of men in democratic ages, for converse reasons: it can only be introduced artificially, it can only be kept there with difficulty; whereas they conceive, as it were, without thinking upon the subject, the notion of a sole and central power which governs the whole community by its direct influence. Moreover in politics, as well as in philosophy and in religion, the intellect of democratic nations is peculiarly open to simple and general notions. Complicated systems are repugnant to it, and its favorite conception is that of a great nation composed of citizens all resembling the same pattern, and all governed by a single power.

The very next notion to that of a sole and central power, which presents itself to the minds of men in the ages of equality, is the notion of uniformity of legislation. As every man sees that he differs but little from those about him, he cannot understand why a rule which is applicable to one man should not be equally applicable to all others. Hence the slightest privileges are repugnant to his reason; the faintest dissimilarities in the political institutions of the same people offend him, and uniformity of legislation appears to him to be the first condition of good government. I find, on the contrary, that this same notion of a uniform rule, equally binding on all the members of the community, was almost unknown to the human mind in aristocratic ages; it was either never entertained, or it was rejected. These contrary tendencies of opinion ultimately turn on either side to such blind instincts and such ungovernable habits that they still direct the

## actions of men, in spite of particular exceptions. Notwithstanding the

immense variety of conditions in the Middle Ages, a certain number of persons existed at that period in precisely similar circumstances; but this did not prevent the laws then in force from assigning to each of them distinct duties and different rights. On the contrary, at the present time all the powers of government are exerted to impose the same customs and the same laws on populations which have as yet but few points of resemblance. As the conditions of men become equal amongst a people, individuals seem of less importance, and society of greater dimensions; or rather, every citizen, being assimilated to all the rest, is lost in the crowd, and nothing stands conspicuous but the great and imposing image of the people at large. This naturally gives the men of democratic periods a lofty opinion of the privileges of society, and a very humble notion of the rights of individuals; they are ready to admit that the interests of the former are everything, and those of the latter nothing. They are willing to acknowledge that the power which represents the community has far more information and wisdom than any of the members of that community; and that it is the duty, as well as the right, of that power to guide as well as govern each private citizen.

If we closely scrutinize our contemporaries, and penetrate to the root of their political opinions, we shall detect some of the notions which I have just pointed out, and we shall perhaps be surprised to find so much accordance between men who are so often at variance. The Americans hold, that in every State the supreme power ought to emanate from the people; but when once that power is constituted, they can conceive, as it were, no limits to it, and they are ready to admit that it has the right to do whatever it pleases. They have not the slightest notion of peculiar privileges granted to cities, families, or persons: their minds appear never to have foreseen that it might be possible not to apply with strict uniformity the same laws to every part, and to all the inhabitants. These same opinions are more and more diffused in Europe; they even insinuate themselves amongst those nations which most vehemently reject the principle of the sovereignty of the people. Such nations assign a different origin to the supreme power, but they ascribe to that power the same characteristics. Amongst them all, the idea of intermediate powers is weakened and obliterated: the idea of rights inherent in certain individuals is rapidly disappearing from the minds of men; the idea of the omnipotence and sole authority of society at large rises to fill its place. These ideas take root and spread in proportion as social conditions become more equal, and men more alike; they are engendered by equality, and in turn they hasten the progress of equality.

In France, where the revolution of which I am speaking has gone further than in any other European country, these opinions have got complete hold of the public mind. If we listen attentively to the language of the various parties in France, we shall find that there is not one which has not adopted them. Most of these parties censure the conduct of the government, but they all hold that the government ought perpetually to act and interfere in everything that is done. Even those which are most at variance are nevertheless agreed upon this head. The unity, the ubiquity, the omnipotence of the supreme power, and the uniformity of its rules, constitute the principal characteristics of all the political systems which have been put forward in our age. They recur even in the wildest visions of political regeneration: the human mind pursues them in its dreams. If these notions spontaneously arise in the minds of private individuals, they suggest themselves still more forcibly to the minds of princes. Whilst the ancient fabric of European society is altered and dissolved, sovereigns acquire new conceptions of their opportunities and their duties; they learn for the first time that the central power which they represent may and ought to administer by its own agency, and on a uniform plan, all the concerns of the whole community. This opinion, which, I will venture to say, was never conceived before our time by the monarchs of Europe, now sinks deeply into the minds of kings, and abides there amidst all the agitation of more unsettled thoughts.

Our contemporaries are therefore much less divided than is commonly supposed; they are constantly disputing as to the hands in which supremacy is to be vested, but they readily agree upon the duties and the rights of that supremacy. The notion they all form of government is that of a sole, simple, providential, and creative power. All secondary opinions in politics are unsettled; this one remains fixed, invariable, and consistent. It is adopted by statesmen and political philosophers; it is eagerly laid hold of by the multitude; those who govern and those who are governed agree to pursue it with equal ardor: it is the foremost notion of their minds, it seems inborn. It originates therefore in no caprice of the human intellect, but it is a necessary condition of the present state of mankind.

## Chapter III: That The Sentiments Of Democratic Nations Accord With Their

Opinions In Leading Them To Concentrate Political Power

If it be true that, in ages of equality, men readily adopt the notion of a great central power, it cannot be doubted on the other hand that their habits and sentiments predispose them to recognize such a power and to give it their support. This may be demonstrated in a few words, as the greater part of the reasons, to which the fact may be attributed, have been previously stated. *a As the men who inhabit democratic countries have no superiors, no inferiors, and no habitual or necessary partners in their undertakings, they readily fall back upon themselves and consider themselves as beings apart. I had occasion to point this out at considerable length in treating of individualism. Hence such men can never, without an effort, tear themselves from their private affairs to engage in public business; their natural bias leads them to abandon the latter to the sole visible and permanent representative of the interests of the community, that is to say, to the State. Not only are they naturally wanting in a taste for public business, but they have frequently no time to attend to it. Private life is so busy in democratic periods, so excited, so full of wishes and of work, that hardly any energy or leisure remains to each individual for public life. I am the last man to contend that these propensities are unconquerable, since my chief object in writing this book has been to combat them. I only maintain that at the present day a secret power is fostering them in the human heart, and that if they are not checked they will wholly overgrow it.

[Footnote a: See Appendix W.]

I have also had occasion to show how the increasing love of well-being, and the fluctuating character of property, cause democratic nations to dread all violent disturbance. The love of public tranquillity is frequently the only passion which these nations retain, and it becomes more active and powerful amongst them in proportion as all other passions droop and die. This naturally disposes the members of the community constantly to give or to surrender additional rights to the central power, which alone seems to be interested in defending them by the same means that it uses to defend itself. As in ages of equality no man is compelled to lend his assistance to his fellow-men, and none has any right to expect much support from them, everyone is at once independent and powerless. These two conditions, which must never be either separately considered or confounded together, inspire the citizen of a democratic country with very contrary propensities. His independence fills him with self-reliance and pride amongst his equals; his debility makes him feel from time to time the want of some outward assistance, which he cannot expect from any of them, because they are all impotent and unsympathizing. In this predicament he naturally turns his eyes to that imposing power which alone rises above the level of universal depression. Of that power his wants and especially his desires continually remind him, until he ultimately views it as the sole and necessary support of his own weakness. *b This may more completely explain what frequently takes place in democratic countries, where the very men who are so impatient of superiors patiently submit to a master, exhibiting at once their pride and their servility.

[Footnote b: 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.]

The hatred which men bear to privilege increases in proportion as privileges become more scarce and less considerable, so that democratic passions would seem to burn most fiercely at the very time when they have least fuel. I have already given the reason of this phenomenon. When all conditions are unequal, no inequality is so great as to offend the eye; whereas the slightest dissimilarity is odious in the midst of general uniformity: the more complete is this uniformity, the more insupportable does the sight of such a difference become. Hence it is natural that the love of equality should constantly increase together with equality itself, and that it should grow by what it feeds upon. This never-dying, ever-kindling hatred, which sets a democratic people against the smallest privileges, is peculiarly favorable to the gradual concentration of all political rights in the hands of the representative of the State alone. The sovereign, being necessarily and incontestably above all the citizens, excites not their envy, and each of them thinks that he strips his equals of the prerogative which he concedes to the crown. The man of a democratic age is extremely reluctant to obey his neighbor who is his equal; he refuses to acknowledge in such a person ability superior to his own; he mistrusts his justice, and is jealous of his power; he fears and he contemns him; and he loves continually to remind him of the common dependence in which both of them stand to the same master. Every central power which follows its natural tendencies courts and encourages the principle of equality; for equality singularly facilitates, extends, and secures the influence of a central power.

In like manner it may be said that every central government worships uniformity: uniformity relieves it from inquiry into an infinite number of small details which must be attended to if rules were to be adapted to men, instead of indiscriminately subjecting men to rules: thus the government likes what the citizens like, and naturally hates what they hate. These common sentiments, which, in democratic nations, constantly unite the sovereign and every member of the community in one and the same conviction, establish a secret and lasting sympathy between them. The faults of the government are pardoned for the sake of its tastes; public confidence is only reluctantly withdrawn in the midst even of its excesses and its errors, and it is restored at the first call. Democratic nations often hate those in whose hands the central power is vested; but they always love that power itself.

Thus, by two separate paths, I have reached the same conclusion. I have shown that the principle of equality suggests to men the notion of a sole, uniform, and strong government: I have now shown that the principle of equality imparts to them a taste for it. To governments of this kind the nations of our age are therefore tending. They are drawn thither by the natural inclination of mind and heart; and in order to reach that result, it is enough that they do not check themselves in their course. I am of opinion, that, in the democratic ages which are opening upon us, individual independence and local liberties will ever be the produce of artificial contrivance; that centralization will be the natural form of government. *c

[Footnote c: See Appendix X.]

## Chapter IV: Of Certain Peculiar And Accidental Causes Which Either Lead

A People To Complete Centralization Of Government, Or Which Divert Them From It

If all democratic nations are instinctively led to the centralization of government, they tend to this result in an unequal manner. This depends on the particular circumstances which may promote or prevent the natural consequences of that state of society--circumstances which are exceedingly numerous; but I shall only advert to a few of them. Amongst men who have lived free long before they became equal, the tendencies derived from free institutions combat, to a certain extent, the propensities superinduced by the principle of equality; and although the central power may increase its privileges amongst such a people, the private members of such a community will never entirely forfeit their independence. But when the equality of conditions grows up amongst a people which has never known, or has long ceased to know, what freedom is (and such is the case upon the Continent of Europe), as the former habits of the nation are suddenly combined, by some sort of natural attraction, with the novel habits and principles engendered by the state of society, all powers seem spontaneously to rush to the centre. These powers accumulate there with astonishing rapidity, and the State instantly attains the utmost limits of its strength, whilst private persons allow themselves to sink as suddenly to the lowest degree of weakness.

The English who emigrated three hundred years ago to found a democratic commonwealth on the shores of the New World, had all learned to take a part in public affairs in their mother-country; they were conversant with trial by jury; they were accustomed to liberty of speech and of the press--to personal freedom, to the notion of rights and the practice of asserting them. They carried with them to America these free institutions and manly customs, and these institutions preserved them against the encroachments of the State. Thus amongst the Americans it is freedom which is old--equality is of comparatively modern date. The reverse is occurring in Europe, where equality, introduced by absolute power and under the rule of kings, was already infused into the habits of nations long before freedom had entered into their conceptions.

I have said that amongst democratic nations the notion of government naturally presents itself to the mind under the form of a sole and central power, and that the notion of intermediate powers is not familiar to them. This is peculiarly applicable to the democratic nations which have witnessed the triumph of the principle of equality by means of a violent revolution. As the classes which managed local affairs have been suddenly swept away by the storm, and as the confused mass which remains has as yet neither the organization nor the habits which fit it to assume the administration of these same affairs, the State alone seems capable of taking upon itself all the details of government, and centralization becomes, as it were, the unavoidable state of the country. Napoleon deserves neither praise nor censure for having centred in his own hands almost all the administrative power of France; for, after the abrupt disappearance of the nobility and the higher rank of the middle classes, these powers devolved on him of course: it would have been almost as difficult for him to reject as to assume them. But no necessity of this kind has ever been felt by the Americans, who, having passed through no revolution, and having governed themselves from the first, never had to call upon the State to act for a time as their guardian. Thus the progress of centralization amongst a democratic people depends not only on the progress of equality, but on the manner in which this equality has been established.

At the commencement of a great democratic revolution, when hostilities have but just broken out between the different classes of society, the people endeavors to centralize the public administration in the hands of the government, in order to wrest the management of local affairs from the aristocracy. Towards the close of such a revolution, on the contrary, it is usually the conquered aristocracy that endeavors to make over the management of all affairs to the State, because such an aristocracy dreads the tyranny of a people which has become its equal, and not unfrequently its master. Thus it is not always the same class of the community which strives to increase the prerogative of the government; but as long as the democratic revolution lasts there is always one class in the nation, powerful in numbers or in wealth, which is induced, by peculiar passions or interests, to centralize the public administration, independently of that hatred of being governed by one's neighbor, which is a general and permanent feeling amongst democratic nations. It may be remarked, that at the present day the lower orders in England are striving with all their might to destroy local independence, and to transfer the administration from all points of the circumference to the centre; whereas the higher classes are endeavoring to retain this administration within its ancient boundaries. I venture to predict that a time will come when the very reverse will happen.

These observations explain why the supreme power is always stronger, and private individuals weaker, amongst a democratic people which has passed through a long and arduous struggle to reach a state of equality than amongst a democratic community in which the citizens have been equal from the first. The example of the Americans completely demonstrates the fact. The inhabitants of the United States were never divided by any privileges; they have never known the mutual relation of master and inferior, and as they neither dread nor hate each other, they have never known the necessity of calling in the supreme power to manage their affairs. The lot of the Americans is singular: they have derived from the aristocracy of England the notion of private rights and the taste for local freedom; and they have been able to retain both the one and the other, because they have had no aristocracy to combat.

If at all times education enables men to defend their independence, this is most especially true in democratic ages. When all men are alike, it is easy to found a sole and all-powerful government, by the aid of mere instinct. But men require much intelligence, knowledge, and art to organize and to maintain secondary powers under similar circumstances, and to create amidst the independence and individual weakness of the citizens such free associations as may be in a condition to struggle against tyranny without destroying public order.

Hence the concentration of power and the subjection of individuals will increase amongst democratic nations, not only in the same proportion as their equality, but in the same proportion as their ignorance. It is true, that in ages of imperfect civilization the government is frequently as wanting in the knowledge required to impose a despotism upon the people as the people are wanting in the knowledge required to shake it off; but the effect is not the same on both sides. However rude a democratic people may be, the central power which rules it is never completely devoid of cultivation, because it readily draws to its own uses what little cultivation is to be found in the country, and, if necessary, may seek assistance elsewhere. Hence, amongst a nation which is ignorant as well as democratic, an amazing difference cannot fail speedily to arise between the intellectual capacity of the ruler and that of each of his subjects. This completes the easy concentration of all power in his hands: the administrative function of the State is perpetually extended, because the State alone is competent to administer the affairs of the country. Aristocratic nations, however unenlightened they may be, never afford the same spectacle, because in them instruction is nearly equally diffused between the monarch and the leading members of the community.

The pacha who now rules in Egypt found the population of that country composed of men exceedingly ignorant and equal, and he has borrowed the science and ability of Europe to govern that people. As the personal attainments of the sovereign are thus combined with the ignorance and democratic weakness of his subjects, the utmost centralization has been established without impediment, and the pacha has made the country his manufactory, and the inhabitants his workmen.

I think that extreme centralization of government ultimately enervates society, and thus after a length of time weakens the government itself; but I do not deny that a centralized social power may be able to execute great undertakings with facility in a given time and on a particular point. This is more especially true of war, in which success depends much more on the means of transferring all the resources of a nation to one single point, than on the extent of those resources. Hence it is chiefly in war that nations desire and frequently require to increase the powers of the central government. All men of military genius are fond of centralization, which increases their strength; and all men of centralizing genius are fond of war, which compels nations to combine all their powers in the hands of the government. Thus the democratic tendency which leads men unceasingly to multiply the privileges of the State, and to circumscribe the rights of private persons, is much more rapid and constant amongst those democratic nations which are exposed by their position to great and frequent wars, than amongst all others.

I have shown how the dread of disturbance and the love of well-being insensibly lead democratic nations to increase the functions of central government, as the only power which appears to be intrinsically sufficiently strong, enlightened, and secure, to protect them from anarchy. I would now add, that all the particular circumstances which tend to make the state of a democratic community agitated and precarious, enhance this general propensity, and lead private persons more and more to sacrifice their rights to their tranquility. A people is therefore never so disposed to increase the functions of central government as at the close of a long and bloody revolution, which, after having wrested property from the hands of its former possessors, has shaken all belief, and filled the nation with fierce hatreds, conflicting interests, and contending factions. The love of public tranquillity becomes at such times an indiscriminating passion, and the members of the community are apt to conceive a most inordinate devotion to order.

I have already examined several of the incidents which may concur to promote the centralization of power, but the principal cause still remains to be noticed. The foremost of the incidental causes which may draw the management of all affairs into the hands of the ruler in democratic countries, is the origin of that ruler himself, and his own propensities. Men who live in the ages of equality are naturally fond of central power, and are willing to extend its privileges; but if it happens that this same power faithfully represents their own interests, and exactly copies their own inclinations, the confidence they place in it knows no bounds, and they think that whatever they bestow upon it is bestowed upon themselves.

The attraction of administrative powers to the centre will always be less easy and less rapid under the reign of kings who are still in some way connected with the old aristocratic order, than under new princes, the children of their own achievements, whose birth, prejudices, propensities, and habits appear to bind them indissolubly to the cause of equality. I do not mean that princes of aristocratic origin who live in democratic ages do not attempt to centralize; I believe they apply themselves to that object as diligently as any others. For them, the sole advantages of equality lie in that direction; but their opportunities are less great, because the community, instead of volunteering compliance with their desires, frequently obeys them with reluctance. In democratic communities the rule is that centralization must increase in proportion as the sovereign is less aristocratic. When an ancient race of kings stands at the head of an aristocracy, as the natural prejudices of the sovereign perfectly accord with the natural prejudices of the nobility, the vices inherent in aristocratic communities have a free course, and meet with no corrective. The reverse is the case when the scion of a feudal stock is placed at the head of a democratic people. The sovereign is constantly led, by his education, his habits, and his associations, to adopt sentiments suggested by the inequality of conditions, and the people tend as constantly, by their social condition, to those manners which are engendered by equality. At such times it often happens that the citizens seek to control the central power far less as a tyrannical than as an aristocratical power, and that they persist in the firm defence of their independence, not only because they would remain free, but especially because they are determined to remain equal. A revolution which overthrows an ancient regal family, in order to place men of more recent growth at the head of a democratic people, may temporarily weaken the central power; but however anarchical such a revolution may appear at first, we need not hesitate to predict that its final and certain consequence will be to extend and to secure the prerogatives of that power. The foremost or indeed the sole condition which is required in order to succeed in centralizing the supreme power in a democratic community, is to love equality, or to get men to believe you love it. Thus the science of despotism, which was once so complex, is simplified, and reduced as it were to a single principle.

## Chapter V: That Amongst The European Nations Of Our Time The Power Of

Governments Is Increasing, Although The Persons Who Govern Are Less Stable

On reflecting upon what has already been said, the reader will be startled and alarmed to find that in Europe everything seems to conduce to the indefinite extension of the prerogatives of government, and to render all that enjoyed the rights of private independence more weak, more subordinate, and more precarious. The democratic nations of Europe have all the general and permanent tendencies which urge the Americans to the centralization of government, and they are moreover exposed to a number of secondary and incidental causes with which the Americans are unacquainted. It would seem as if every step they make towards equality brings them nearer to despotism. And indeed if we do but cast our looks around, we shall be convinced that such is the fact. During the aristocratic ages which preceded the present time, the sovereigns of Europe had been deprived of, or had relinquished, many of the rights inherent in their power. Not a hundred years ago, amongst the greater part of European nations, numerous private persons and corporations were sufficiently independent to administer justice, to raise and maintain troops, to levy taxes, and frequently even to make or interpret the law. The State has everywhere resumed to itself alone these natural attributes of sovereign power; in all matters of government the State tolerates no intermediate agent between itself and the people, and in general business it directs the people by its own immediate influence. I am far from blaming this concentration of power, I simply point it out.

At the same period a great number of secondary powers existed in Europe, which represented local interests and administered local affairs. Most of these local authorities have already disappeared; all are speedily tending to disappear, or to fall into the most complete dependence. From one end of Europe to the other the privileges of the nobility, the liberties of cities, and the powers of provincial bodies, are either destroyed or upon the verge of destruction. Europe has endured, in the course of the last half-century, many revolutions and counter-revolutions which have agitated it in opposite directions: but all these perturbations resemble each other in one respect--they have all shaken or destroyed the secondary powers of government. The local privileges which the French did not abolish in the countries they conquered, have finally succumbed to the policy of the princes who conquered the French. Those princes rejected all the innovations of the French Revolution except centralization: that is the only principle they consented to receive from such a source. My object is to remark, that all these various rights, which have been successively wrested, in our time, from classes, corporations, and individuals, have not served to raise new secondary powers on a more democratic basis, but have uniformly been concentrated in the hands of the sovereign. Everywhere the State acquires more and more direct control over the humblest members of the community, and a more exclusive power of governing each of them in his smallest concerns. *a Almost all the charitable establishments of Europe were formerly in the hands of private persons or of corporations; they are now almost all dependent on the supreme government, and in many countries are actually administered by that power. The State almost exclusively undertakes to supply bread to the hungry, assistance and shelter to the sick, work to the idle, and to act as the sole reliever of all kinds of misery. Education, as well as charity, is become in most countries at the present day a national concern. The State receives, and often takes, the child from the arms of the mother, to hand it over to official agents: the State undertakes to train the heart and to instruct the mind of each generation. Uniformity prevails in the courses of public instruction as in everything else; diversity, as well as freedom, is disappearing day by day. Nor do I hesitate to affirm, that amongst almost all the Christian nations of our days, Catholic as well as Protestant, religion is in danger of falling into the hands of the government. Not that rulers are over-jealous of the right of settling points of doctrine, but they get more and more hold upon the will of those by whom doctrines are expounded; they deprive the clergy of their property, and pay them by salaries; they divert to their own use the influence of the priesthood, they make them their own ministers--often their own servants--and by this alliance with religion they reach the inner depths of the soul of man. *b

[Footnote a: 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.]

[Footnote b: 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.]

But this is as yet only one side of the picture. The authority of government has not only spread, as we have just seen, throughout the sphere of all existing powers, till that sphere can no longer contain it, but it goes further, and invades the domain heretofore reserved to private independence. A multitude of actions, which were formerly entirely beyond the control of the public administration, have been subjected to that control in our time, and the number of them is constantly increasing. Amongst aristocratic nations the supreme government usually contented itself with managing and superintending the community in whatever directly and ostensibly concerned the national honor; but in all other respects the people were left to work out their own free will. Amongst these nations the government often seemed to forget that there is a point at which the faults and the sufferings of private persons involve the general prosperity, and that to prevent the ruin of a private individual must sometimes be a matter of public importance. The democratic nations of our time lean to the opposite extreme. It is evident that most of our rulers will not content themselves with governing the people collectively: it would seem as if they thought themselves responsible for the actions and private condition of their subjects--as if they had undertaken to guide and to instruct each of them in the various incidents of life, and to secure their happiness quite independently of their own consent. On the other hand private individuals grow more and more apt to look upon the supreme power in the same light; they invoke its assistance in all their necessities, and they fix their eyes upon the administration as their mentor or their guide.

I assert that there is no country in Europe in which the public administration has not become, not only more centralized, but more inquisitive and more minute it everywhere interferes in private concerns more than it did; it regulates more undertakings, and undertakings of a lesser kind; and it gains a firmer footing every day about, above, and around all private persons, to assist, to advise, and to coerce them. Formerly a sovereign lived upon the income of his lands, or the revenue of his taxes; this is no longer the case now that his wants have increased as well as his power. Under the same circumstances which formerly compelled a prince to put on a new tax, he now has recourse to a loan. Thus the State gradually becomes the debtor of most of the wealthier members of the community, and centralizes the largest amounts of capital in its own hands. Small capital is drawn into its keeping by another method. As men are intermingled and conditions become more equal, the poor have more resources, more education, and more desires; they conceive the notion of bettering their condition, and this teaches them to save. These savings are daily producing an infinite number of small capitals, the slow and gradual produce of labor, which are always increasing. But the greater part of this money would be unproductive if it remained scattered in the hands of its owners. This circumstance has given rise to a philanthropic institution, which will soon become, if I am not mistaken, one of our most important political institutions. Some charitable persons conceived the notion of collecting the savings of the poor and placing them out at interest. In some countries these benevolent associations are still completely distinct from the State; but in almost all they manifestly tend to identify themselves with the government; and in some of them the government has superseded them, taking upon itself the enormous task of centralizing in one place, and putting out at interest on its own responsibility, the daily savings of many millions of the working classes. Thus the State draws to itself the wealth of the rich by loans, and has the poor man's mite at its disposal in the savings banks. The wealth of the country is perpetually flowing around the government and passing through its hands; the accumulation increases in the same proportion as the equality of conditions; for in a democratic country the State alone inspires private individuals with confidence, because the State alone appears to be endowed with strength and durability. *c Thus the sovereign does not confine himself to the management of the public treasury; he interferes in private money matters; he is the superior, and often the master, of all the members of the community; and, in addition to this, he assumes the part of their steward and paymaster.

[Footnote c: 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.]

The central power not only fulfils of itself the whole of the duties formerly discharged by various authorities--extending those duties, and surpassing those authorities--but it performs them with more alertness, strength, and independence than it displayed before. All the governments of Europe have in our time singularly improved the science of administration: they do more things, and they do everything with more order, more celerity, and at less expense; they seem to be constantly enriched by all the experience of which they have stripped private persons. From day to day the princes of Europe hold their subordinate officers under stricter control, and they invent new methods for guiding them more closely, and inspecting them with less trouble. Not content with managing everything by their agents, they undertake to manage the conduct of their agents in everything; so that the public administration not only depends upon one and the same power, but it is more and more confined to one spot and concentrated in the same hands. The government centralizes its agency whilst it increases its prerogative--hence a twofold increase of strength.

In examining the ancient constitution of the judicial power, amongst most European nations, two things strike the mind--the independence of that power, and the extent of its functions. Not only did the courts of justice decide almost all differences between private persons, but in very many cases they acted as arbiters between private persons and the State. I do not here allude to the political and administrative offices which courts of judicature had in some countries usurped, but the judicial office common to them all. In most of the countries of Europe, there were, and there still are, many private rights, connected for the most part with the general right of property, which stood under the protection of the courts of justice, and which the State could not violate without their sanction. It was this semi-political power which mainly distinguished the European courts of judicature from all others; for all nations have had judges, but all have not invested their judges with the same privileges. Upon examining what is now occurring amongst the democratic nations of Europe which are called free, as well as amongst the others, it will be observed that new and more dependent courts are everywhere springing up by the side of the old ones, for the express purpose of deciding, by an extraordinary jurisdiction, such litigated matters as may arise between the government and private persons. The elder judicial power retains its independence, but its jurisdiction is narrowed; and there is a growing tendency to reduce it to be exclusively the arbiter between private interests. The number of these special courts of justice is continually increasing, and their functions increase likewise. Thus the government is more and more absolved from the necessity of subjecting its policy and its rights to the sanction of another power. As judges cannot be dispensed with, at least the State is to select them, and always to hold them under its control; so that, between the government and private individuals, they place the effigy of justice rather than justice itself. The State is not satisfied with drawing all concerns to itself, but it acquires an ever-increasing power of deciding on them all without restriction and without appeal. *d

[Footnote d: 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.]

There exists amongst the modern nations of Europe one great cause, independent of all those which have already been pointed out, which perpetually contributes to extend the agency or to strengthen the prerogative of the supreme power, though it has not been sufficiently attended to: I mean the growth of manufactures, which is fostered by the progress of social equality. Manufactures generally collect a multitude of men of the same spot, amongst whom new and complex relations spring up. These men are exposed by their calling to great and sudden alternations of plenty and want, during which public tranquillity is endangered. It may also happen that these employments sacrifice the health, and even the life, of those who gain by them, or of those who live by them. Thus the manufacturing classes require more regulation, superintendence, and restraint than the other classes of society, and it is natural that the powers of government should increase in the same proportion as those classes.

This is a truth of general application; what follows more especially concerns the nations of Europe. In the centuries which preceded that in which we live, the aristocracy was in possession of the soil, and was competent to defend it: landed property was therefore surrounded by ample securities, and its possessors enjoyed great independence. This gave rise to laws and customs which have been perpetuated, notwithstanding the subdivision of lands and the ruin of the nobility; and, at the present time, landowners and agriculturists are still those amongst the community who must easily escape from the control of the supreme power. In these same aristocratic ages, in which all the sources of our history are to be traced, personal property was of small importance, and those who possessed it were despised and weak: the manufacturing class formed an exception in the midst of those aristocratic communities; as it had no certain patronage, it was not outwardly protected, and was often unable to protect itself.

Hence a habit sprung up of considering manufacturing property as something of a peculiar nature, not entitled to the same deference, and not worthy of the same securities as property in general; and manufacturers were looked upon as a small class in the bulk of the people, whose independence was of small importance, and who might with propriety be abandoned to the disciplinary passions of princes. On glancing over the codes of the middle ages, one is surprised to see, in those periods of personal independence, with what incessant royal regulations manufactures were hampered, even in their smallest details: on this point centralization was as active and as minute as it can ever be. Since that time a great revolution has taken place in the world; manufacturing property, which was then only in the germ, has spread till it covers Europe: the manufacturing class has been multiplied and enriched by the remnants of all other ranks; it has grown and is still perpetually growing in number, in importance, in wealth. Almost all those who do not belong to it are connected with it at least on some one point; after having been an exception in society, it threatens to become the chief, if not the only, class; nevertheless the notions and political precedents engendered by it of old still cling about it. These notions and these precedents remain unchanged, because they are old, and also because they happen to be in perfect accordance with the new notions and general habits of our contemporaries. Manufacturing property then does not extend its rights in the same ratio as its importance. The manufacturing classes do not become less dependent, whilst they become more numerous; but, on the contrary, it would seem as if despotism lurked within them, and naturally grew with their growth. *e As a nation becomes more engaged in manufactures, the want of roads, canals, harbors, and other works of a semi-public nature, which facilitate the acquisition of wealth, is more strongly felt; and as a nation becomes more democratic, private individuals are less able, and the State more able, to execute works of such magnitude. I do not hesitate to assert that the manifest tendency of all governments at the present time is to take upon themselves alone the execution of these undertakings; by which means they daily hold in closer dependence the population which they govern.

[Footnote e: 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.]

On the other hand, in proportion as the power of a State increases, and its necessities are augmented, the State consumption of manufactured produce is always growing larger, and these commodities are generally made in the arsenals or establishments of the government. Thus, in every kingdom, the ruler becomes the principal manufacturer; he collects and retains in his service a vast number of engineers, architects, mechanics, and handicraftsmen. Not only is he the principal manufacturer, but he tends more and more to become the chief, or rather the master of all other manufacturers. As private persons become more powerless by becoming more equal, they can effect nothing in manufactures without combination; but the government naturally seeks to place these combinations under its own control.

It must be admitted that these collective beings, which are called combinations, are stronger and more formidable than a private individual can ever be, and that they have less of the responsibility of their own

## actions; whence it seems reasonable that they should not be allowed to

retain so great an independence of the supreme government as might be conceded to a private individual.

Rulers are the more apt to follow this line of policy, as their own inclinations invite them to it. Amongst democratic nations it is only by association that the resistance of the people to the government can ever display itself: hence the latter always looks with ill-favor on those associations which are not in its own power; and it is well worthy of remark, that amongst democratic nations, the people themselves often entertain a secret feeling of fear and jealousy against these very associations, which prevents the citizens from defending the institutions of which they stand so much in need. The power and the duration of these small private bodies, in the midst of the weakness and instability of the whole community, astonish and alarm the people; and the free use which each association makes of its natural powers is almost regarded as a dangerous privilege. All the associations which spring up in our age are, moreover, new corporate powers, whose rights have not been sanctioned by time; they come into existence at a time when the notion of private rights is weak, and when the power of government is unbounded; hence it is not surprising that they lose their freedom at their birth. Amongst all European nations there are some kinds of associations which cannot be formed until the State has examined their by-laws, and authorized their existence. In several others, attempts are made to extend this rule to all associations; the consequences of such a policy, if it were successful, may easily be foreseen. If once the sovereign had a general right of authorizing associations of all kinds upon certain conditions, he would not be long without claiming the right of superintending and managing them, in order to prevent them from departing from the rules laid down by himself. In this manner, the State, after having reduced all who are desirous of forming associations into dependence, would proceed to reduce into the same condition all who belong to associations already formed--that is to say, almost all the men who are now in existence. Governments thus appropriate to themselves, and convert to their own purposes, the greater part of this new power which manufacturing interests have in our time brought into the world. Manufacturers govern us--they govern manufactures.

I attach so much importance to all that I have just been saying, that I am tormented by the fear of having impaired my meaning in seeking to render it more clear. If the reader thinks that the examples I have adduced to support my observations are insufficient or ill-chosen--if he imagines that I have anywhere exaggerated the encroachments of the supreme power, and, on the other hand, that I have underrated the extent of the sphere which still remains open to the exertions of individual independence, I entreat him to lay down the book for a moment, and to turn his mind to reflect for himself upon the subjects I have attempted to explain. Let him attentively examine what is taking place in France and in other countries--let him inquire of those about him--let him search himself, and I am much mistaken if he does not arrive, without my guidance, and by other paths, at the point to which I have sought to lead him. He will perceive that for the last half-century, centralization has everywhere been growing up in a thousand different ways. Wars, revolutions, conquests, have served to promote it: all men have labored to increase it. In the course of the same period, during which men have succeeded each other with singular rapidity at the head of affairs, their notions, interests, and passions have been infinitely diversified; but all have by some means or other sought to centralize. This instinctive centralization has been the only settled point amidst the extreme mutability of their lives and of their thoughts.

If the reader, after having investigated these details of human affairs, will seek to survey the wide prospect as a whole, he will be struck by the result. On the one hand the most settled dynasties shaken or overthrown--the people everywhere escaping by violence from the sway of their laws--abolishing or limiting the authority of their rulers or their princes--the nations, which are not in open revolution, restless at least, and excited--all of them animated by the same spirit of revolt: and on the other hand, at this very period of anarchy, and amongst these untractable nations, the incessant increase of the prerogative of the supreme government, becoming more centralized, more adventurous, more absolute, more extensive--the people perpetually falling under the control of the public administration--led insensibly to surrender to it some further portion of their individual independence, till the very men, who from time to time upset a throne and trample on a race of kings, bend more and more obsequiously to the slightest dictate of a clerk. Thus two contrary revolutions appear in our days to be going on; the one continually weakening the supreme power, the other as continually strengthening it: at no other period in our history has it appeared so weak or so strong. But upon a more attentive examination of the state of the world, it appears that these two revolutions are intimately connected together, that they originate in the same source, and that after having followed a separate course, they lead men at last to the same result. I may venture once more to repeat what I have already said or implied in several parts of this book: great care must be taken not to confound the principle of equality itself with the revolution which finally establishes that principle in the social condition and the laws of a nation: here lies the reason of almost all the phenomena which occasion our astonishment. All the old political powers of Europe, the greatest as well as the least, were founded in ages of aristocracy, and they more or less represented or defended the principles of inequality and of privilege. To make the novel wants and interests, which the growing principle of equality introduced, preponderate in government, our contemporaries had to overturn or to coerce the established powers. This led them to make revolutions, and breathed into many of them, that fierce love of disturbance and independence, which all revolutions, whatever be their object, always engender. I do not believe that there is a single country in Europe in which the progress of equality has not been preceded or followed by some violent changes in the state of property and persons; and almost all these changes have been attended with much anarchy and license, because they have been made by the least civilized portion of the nation against that which is most civilized. Hence proceeded the two-fold contrary tendencies which I have just pointed out. As long as the democratic revolution was glowing with heat, the men who were bent upon the destruction of old aristocratic powers hostile to that revolution, displayed a strong spirit of independence; but as the victory or the principle of equality became more complete, they gradually surrendered themselves to the propensities natural to that condition of equality, and they strengthened and centralized their governments. They had sought to be free in order to make themselves equal; but in proportion as equality was more established by the aid of freedom, freedom itself was thereby rendered of more difficult attainment.

These two states of a nation have sometimes been contemporaneous: the last generation in France showed how a people might organize a stupendous tyranny in the community, at the very time when they were baffling the authority of the nobility and braving the power of all kings--at once teaching the world the way to win freedom, and the way to lose it. In our days men see that constituted powers are dilapidated on every side--they see all ancient authority gasping away, all ancient barriers tottering to their fall, and the judgment of the wisest is troubled at the sight: they attend only to the amazing revolution which is taking place before their eyes, and they imagine that mankind is about to fall into perpetual anarchy: if they looked to the final consequences of this revolution, their fears would perhaps assume a different shape. For myself, I confess that I put no trust in the spirit of freedom which appears to animate my contemporaries. I see well enough that the nations of this age are turbulent, but I do not clearly perceive that they are liberal; and I fear lest, at the close of those perturbations which rock the base of thrones, the domination of sovereigns may prove more powerful than it ever was before.

## Chapter VI: What Sort Of Despotism Democratic Nations Have To Fear

I had remarked during my stay in the United States, that a democratic state of society, similar to that of the Americans, might offer singular facilities for the establishment of despotism; and I perceived, upon my return to Europe, how much use had already been made by most of our rulers, of the notions, the sentiments, and the wants engendered by this same social condition, for the purpose of extending the circle of their power. This led me to think that the nations of Christendom would perhaps eventually undergo some sort of oppression like that which hung over several of the nations of the ancient world. A more accurate examination of the subject, and five years of further meditations, have not diminished my apprehensions, but they have changed the object of them. No sovereign ever lived in former ages so absolute or so powerful as to undertake to administer by his own agency, and without the assistance of intermediate powers, all the parts of a great empire: none ever attempted to subject all his subjects indiscriminately to strict uniformity of regulation, and personally to tutor and direct every member of the community. The notion of such an undertaking never occurred to the human mind; and if any man had conceived it, the want of information, the imperfection of the administrative system, and above all, the natural obstacles caused by the inequality of conditions, would speedily have checked the execution of so vast a design. When the Roman emperors were at the height of their power, the different nations of the empire still preserved manners and customs of great diversity; although they were subject to the same monarch, most of the provinces were separately administered; they abounded in powerful and active municipalities; and although the whole government of the empire was centred in the hands of the emperor alone, and he always remained, upon occasions, the supreme arbiter in all matters, yet the details of social life and private occupations lay for the most part beyond his control. The emperors possessed, it is true, an immense and unchecked power, which allowed them to gratify all their whimsical tastes, and to employ for that purpose the whole strength of the State. They frequently abused that power arbitrarily to deprive their subjects of property or of life: their tyranny was extremely onerous to the few, but it did not reach the greater number; it was fixed to some few main objects, and neglected the rest; it was violent, but its range was limited.

But it would seem that if despotism were to be established amongst the democratic nations of our days, it might assume a different character; it would be more extensive and more mild; it would degrade men without tormenting them. I do not question, that in an age of instruction and equality like our own, sovereigns might more easily succeed in collecting all political power into their own hands, and might interfere more habitually and decidedly within the circle of private interests, than any sovereign of antiquity could ever do. But this same principle of equality which facilitates despotism, tempers its rigor. We have seen how the manners of society become more humane and gentle in proportion as men become more equal and alike. When no member of the community has much power or much wealth, tyranny is, as it were, without opportunities and a field of action. As all fortunes are scanty, the passions of men are naturally circumscribed--their imagination limited, their pleasures simple. This universal moderation moderates the sovereign himself, and checks within certain limits the inordinate extent of his desires.

Independently of these reasons drawn from the nature of the state of society itself, I might add many others arising from causes beyond my subject; but I shall keep within the limits I have laid down to myself. Democratic governments may become violent and even cruel at certain periods of extreme effervescence or of great danger: but these crises will be rare and brief. When I consider the petty passions of our contemporaries, the mildness of their manners, the extent of their education, the purity of their religion, the gentleness of their morality, their regular and industrious habits, and the restraint which they almost all observe in their vices no less than in their virtues, I have no fear that they will meet with tyrants in their rulers, but rather guardians. *a I think then that the species of oppression by which democratic nations are menaced is unlike anything which ever before existed in the world: our contemporaries will find no prototype of it in their memories. I am trying myself to choose an expression which will accurately convey the whole of the idea I have formed of it, but in vain; the old words "despotism" and "tyranny" are inappropriate: the thing itself is new; and since I cannot name it, I must attempt to define it.

[Footnote a: See Appendix Y.]

I seek to trace the novel features under which despotism may appear in the world. The first thing that strikes the observation is an innumerable multitude of men all equal and alike, incessantly endeavoring to procure the petty and paltry pleasures with which they glut their lives. Each of them, living apart, is as a stranger to the fate of all the rest--his children and his private friends constitute to him the whole of mankind; as for the rest of his fellow-citizens, he is close to them, but he sees them not--he touches them, but he feels them not; he exists but in himself and for himself alone; and if his kindred still remain to him, he may be said at any rate to have lost his country. Above this race of men stands an immense and tutelary power, which takes upon itself alone to secure their gratifications, and to watch over their fate. That power is absolute, minute, regular, provident, and mild. It would be like the authority of a parent, if, like that authority, its object was to prepare men for manhood; but it seeks on the contrary to keep them in perpetual childhood: it is well content that the people should rejoice, provided they think of nothing but rejoicing. For their happiness such a government willingly labors, but it chooses to be the sole agent and the only arbiter of that happiness: it provides for their security, foresees and supplies their necessities, facilitates their pleasures, manages their principal concerns, directs their industry, regulates the descent of property, and subdivides their inheritances--what remains, but to spare them all the care of thinking and all the trouble of living? Thus it every day renders the exercise of the free agency of man less useful and less frequent; it circumscribes the will within a narrower range, and gradually robs a man of all the uses of himself. The principle of equality has prepared men for these things: it has predisposed men to endure them, and oftentimes to look on them as benefits.

After having thus successively taken each member of the community in its powerful grasp, and fashioned them at will, the supreme power then extends its arm over the whole community. It covers the surface of society with a net-work of small complicated rules, minute and uniform, through which the most original minds and the most energetic characters cannot penetrate, to rise above the crowd. The will of man is not shattered, but softened, bent, and guided: men are seldom forced by it to act, but they are constantly restrained from acting: such a power does not destroy, but it prevents existence; it does not tyrannize, but it compresses, enervates, extinguishes, and stupefies a people, till each nation is reduced to be nothing better than a flock of timid and industrious animals, of which the government is the shepherd. I have always thought that servitude of the regular, quiet, and gentle kind which I have just described, might be combined more easily than is commonly believed with some of the outward forms of freedom; and that it might even establish itself under the wing of the sovereignty of the people. Our contemporaries are constantly excited by two conflicting passions; they want to be led, and they wish to remain free: as they cannot destroy either one or the other of these contrary propensities, they strive to satisfy them both at once. They devise a sole, tutelary, and all-powerful form of government, but elected by the people. They combine the principle of centralization and that of popular sovereignty; this gives them a respite; they console themselves for being in tutelage by the reflection that they have chosen their own guardians. Every man allows himself to be put in leading-strings, because he sees that it is not a person or a class of persons, but the people at large that holds the end of his chain. By this system the people shake off their state of dependence just long enough to select their master, and then relapse into it again. A great many persons at the present day are quite contented with this sort of compromise between administrative despotism and the sovereignty of the people; and they think they have done enough for the protection of individual freedom when they have surrendered it to the power of the nation at large. This does not satisfy me: the nature of him I am to obey signifies less to me than the fact of extorted obedience.

I do not however deny that a constitution of this kind appears to me to be infinitely preferable to one, which, after having concentrated all the powers of government, should vest them in the hands of an irresponsible person or body of persons. Of all the forms which democratic despotism could assume, the latter would assuredly be the worst. When the sovereign is elective, or narrowly watched by a legislature which is really elective and independent, the oppression which he exercises over individuals is sometimes greater, but it is always less degrading; because every man, when he is oppressed and disarmed, may still imagine, that whilst he yields obedience it is to himself he yields it, and that it is to one of his own inclinations that all the rest give way. In like manner I can understand that when the sovereign represents the nation, and is dependent upon the people, the rights and the power of which every citizen is deprived, not only serve the head of the State, but the State itself; and that private persons derive some return from the sacrifice of their independence which they have made to the public. To create a representation of the people in every centralized country, is therefore, to diminish the evil which extreme centralization may produce, but not to get rid of it. I admit that by this means room is left for the intervention of individuals in the more important affairs; but it is not the less suppressed in the smaller and more private ones. It must not be forgotten that it is especially dangerous to enslave men in the minor details of life. For my own part, I should be inclined to think freedom less necessary in great things than in little ones, if it were possible to be secure of the one without possessing the other. Subjection in minor affairs breaks out every day, and is felt by the whole community indiscriminately. It does not drive men to resistance, but it crosses them at every turn, till they are led to surrender the exercise of their will. Thus their spirit is gradually broken and their character enervated; whereas that obedience, which is exacted on a few important but rare occasions, only exhibits servitude at certain intervals, and throws the burden of it upon a small number of men. It is in vain to summon a people, which has been rendered so dependent on the central power, to choose from time to time the representatives of that power; this rare and brief exercise of their free choice, however important it may be, will not prevent them from gradually losing the faculties of thinking, feeling, and acting for themselves, and thus gradually falling below the level of humanity. *b I add that they will soon become incapable of exercising the great and only privilege which remains to them. The democratic nations which have introduced freedom into their political constitution, at the very time when they were augmenting the despotism of their administrative constitution, have been led into strange paradoxes. To manage those minor affairs in which good sense is all that is wanted--the people are held to be unequal to the task, but when the government of the country is at stake, the people are invested with immense powers; they are alternately made the playthings of their ruler, and his masters--more than kings, and less than men. After having exhausted all the different modes of election, without finding one to suit their purpose, they are still amazed, and still bent on seeking further; as if the evil they remark did not originate in the constitution of the country far more than in that of the electoral body. It is, indeed, difficult to conceive how men who have entirely given up the habit of self-government should succeed in making a proper choice of those by whom they are to be governed; and no one will ever believe that a liberal, wise, and energetic government can spring from the suffrages of a subservient people. A constitution, which should be republican in its head and ultra-monarchical in all its other parts, has ever appeared to me to be a short-lived monster. The vices of rulers and the ineptitude of the people would speedily bring about its ruin; and the nation, weary of its representatives and of itself, would create freer institutions, or soon return to stretch itself at the feet of a single master.

[Footnote b: See Appendix Z.]

## Chapter VII: Continuation Of The Preceding Chapters

I believe that it is easier to establish an absolute and despotic government amongst a people in which the conditions of society are equal, than amongst any other; and I think that if such a government were once established amongst such a people, it would not only oppress men, but would eventually strip each of them of several of the highest qualities of humanity. Despotism therefore appears to me peculiarly to be dreaded in democratic ages. I should have loved freedom, I believe, at all times, but in the time in which we live I am ready to worship it. On the other hand, I am persuaded that all who shall attempt, in the ages upon which we are entering, to base freedom upon aristocratic privilege, will fail--that all who shall attempt to draw and to retain authority within a single class, will fail. At the present day no ruler is skilful or strong enough to found a despotism, by re-establishing permanent distinctions of rank amongst his subjects: no legislator is wise or powerful enough to preserve free institutions, if he does not take equality for his first principle and his watchword. All those of our contemporaries who would establish or secure the independence and the dignity of their fellow-men, must show themselves the friends of equality; and the only worthy means of showing themselves as such, is to be so: upon this depends the success of their holy enterprise. Thus the question is not how to reconstruct aristocratic society, but how to make liberty proceed out of that democratic state of society in which God has placed us.

These two truths appear to me simple, clear, and fertile in consequences; and they naturally lead me to consider what kind of free government can be established amongst a people in which social conditions are equal. It results from the very constitution of democratic nations and from their necessities, that the power of government amongst them must be more uniform, more centralized, more extensive, more searching, and more efficient than in other countries. Society at large is naturally stronger and more active, individuals more subordinate and weak; the former does more, the latter less; and this is inevitably the case. It is not therefore to be expected that the range of private independence will ever be as extensive in democratic as in aristocratic countries--nor is this to be desired; for, amongst aristocratic nations, the mass is often sacrificed to the individual, and the prosperity of the greater number to the greatness of the few. It is both necessary and desirable that the government of a democratic people should be active and powerful: and our object should not be to render it weak or indolent, but solely to prevent it from abusing its aptitude and its strength.

The circumstance which most contributed to secure the independence of private persons in aristocratic ages, was, that the supreme power did not affect to take upon itself alone the government and administration of the community; those functions were necessarily partially left to the members of the aristocracy: so that as the supreme power was always divided, it never weighed with its whole weight and in the same manner on each individual. Not only did the government not perform everything by its immediate agency; but as most of the agents who discharged its duties derived their power not from the State, but from the circumstance of their birth, they were not perpetually under its control. The government could not make or unmake them in an instant, at pleasure, nor bend them in strict uniformity to its slightest caprice--this was an additional guarantee of private independence. I readily admit that recourse cannot be had to the same means at the present time: but I discover certain democratic expedients which may be substituted for them. Instead of vesting in the government alone all the administrative powers of which corporations and nobles have been deprived, a portion of them may be entrusted to secondary public bodies, temporarily composed of private citizens: thus the liberty of private persons will be more secure, and their equality will not be diminished.

The Americans, who care less for words than the French, still designate by the name of "county" the largest of their administrative districts: but the duties of the count or lord-lieutenant are in part performed by a provincial assembly. At a period of equality like our own it would be unjust and unreasonable to institute hereditary officers; but there is nothing to prevent us from substituting elective public officers to a certain extent. Election is a democratic expedient which insures the independence of the public officer in relation to the government, as much and even more than hereditary rank can insure it amongst aristocratic nations. Aristocratic countries abound in wealthy and influential persons who are competent to provide for themselves, and who cannot be easily or secretly oppressed: such persons restrain a government within general habits of moderation and reserve. I am very well aware that democratic countries contain no such persons naturally; but something analogous to them may be created by artificial means. I firmly believe that an aristocracy cannot again be founded in the world; but I think that private citizens, by combining together, may constitute bodies of great wealth, influence, and strength, corresponding to the persons of an aristocracy. By this means many of the greatest political advantages of aristocracy would be obtained without its injustice or its dangers. An association for political, commercial, or manufacturing purposes, or even for those of science and literature, is a powerful and enlightened member of the community, which cannot be disposed of at pleasure, or oppressed without remonstrance; and which, by defending its own rights against the encroachments of the government, saves the common liberties of the country.

In periods of aristocracy every man is always bound so closely to many of his fellow-citizens, that he cannot be assailed without their coming to his assistance. In ages of equality every man naturally stands alone; he has no hereditary friends whose co-operation he may demand--no class upon whose sympathy he may rely: he is easily got rid of, and he is trampled on with impunity. At the present time, an oppressed member of the community has therefore only one method of self-defence--he may appeal to the whole nation; and if the whole nation is deaf to his complaint, he may appeal to mankind: the only means he has of making this appeal is by the press. Thus the liberty of the press is infinitely more valuable amongst democratic nations than amongst all others; it is the only cure for the evils which equality may produce. Equality sets men apart and weakens them; but the press places a powerful weapon within every man's reach, which the weakest and loneliest of them all may use. Equality deprives a man of the support of his connections; but the press enables him to summon all his fellow-countrymen and all his fellow-men to his assistance. Printing has accelerated the progress of equality, and it is also one of its best correctives.

I think that men living in aristocracies may, strictly speaking, do without the liberty of the press: but such is not the case with those who live in democratic countries. To protect their personal independence I trust not to great political assemblies, to parliamentary privilege, or to the assertion of popular sovereignty. All these things may, to a certain extent, be reconciled with personal servitude--but that servitude cannot be complete if the press is free: the press is the chiefest democratic instrument of freedom.

Something analogous may be said of the judicial power. It is a part of the essence of judicial power to attend to private interests, and to fix itself with predilection on minute objects submitted to its observation; another essential quality of judicial power is never to volunteer its assistance to the oppressed, but always to be at the disposal of the humblest of those who solicit it; their complaint, however feeble they may themselves be, will force itself upon the ear of justice and claim redress, for this is inherent in the very constitution of the courts of justice. A power of this kind is therefore peculiarly adapted to the wants of freedom, at a time when the eye and finger of the government are constantly intruding into the minutest details of human actions, and when private persons are at once too weak to protect themselves, and too much isolated for them to reckon upon the assistance of their fellows. The strength of the courts of law has ever been the greatest security which can be offered to personal independence; but this is more especially the case in democratic ages: private rights and interests are in constant danger, if the judicial power does not grow more extensive and more strong to keep pace with the growing equality of conditions.

Equality awakens in men several propensities extremely dangerous to freedom, to which the attention of the legislator ought constantly to be directed. I shall only remind the reader of the most important amongst them. Men living in democratic ages do not readily comprehend the utility of forms: they feel an instinctive contempt for them--I have elsewhere shown for what reasons. Forms excite their contempt and often their hatred; as they commonly aspire to none but easy and present gratifications, they rush onwards to the object of their desires, and the slightest delay exasperates them. This same temper, carried with them into political life, renders them hostile to forms, which perpetually retard or arrest them in some of their projects. Yet this objection which the men of democracies make to forms is the very thing which renders forms so useful to freedom; for their chief merit is to serve as a barrier between the strong and the weak, the ruler and the people, to retard the one, and give the other time to look about him. Forms become more necessary in proportion as the government becomes more active and more powerful, whilst private persons are becoming more indolent and more feeble. Thus democratic nations naturally stand more in need of forms than other nations, and they naturally respect them less. This deserves most serious attention. Nothing is more pitiful than the arrogant disdain of most of our contemporaries for questions of form; for the smallest questions of form have acquired in our time an importance which they never had before: many of the greatest interests of mankind depend upon them. I think that if the statesmen of aristocratic ages could sometimes contemn forms with impunity, and frequently rise above them, the statesmen to whom the government of nations is now confided ought to treat the very least among them with respect, and not neglect them without imperious necessity. In aristocracies the observance of forms was superstitious; amongst us they ought to be kept with a deliberate and enlightened deference.

Another tendency, which is extremely natural to democratic nations and extremely dangerous, is that which leads them ta despise and undervalue the rights of private persons. The attachment which men feel to a right, and the respect which they display for it, is generally proportioned to its importance, or to the length of time during which they have enjoyed it. The rights of private persons amongst democratic nations are commonly of small importance, of recent growth, and extremely precarious--the consequence is that they are often sacrificed without regret, and almost always violated without remorse. But it happens that at the same period and amongst the same nations in which men conceive a natural contempt for the rights of private persons, the rights of society at large are naturally extended and consolidated: in other words, men become less attached to private rights at the very time at which it would be most necessary to retain and to defend what little remains of them. It is therefore most especially in the present democratic ages, that the true friends of the liberty and the greatness of man ought constantly to be on the alert to prevent the power of government from lightly sacrificing the private rights of individuals to the general execution of its designs. At such times no citizen is so obscure that it is not very dangerous to allow him to be oppressed--no private rights are so unimportant that they can be surrendered with impunity to the caprices of a government. The reason is plain:--if the private right of an individual is violated at a time when the human mind is fully impressed with the importance and the sanctity of such rights, the injury done is confined to the individual whose right is infringed; but to violate such a right, at the present day, is deeply to corrupt the manners of the nation and to put the whole community in jeopardy, because the very notion of this kind of right constantly tends amongst us to be impaired and lost.

There are certain habits, certain notions, and certain vices which are peculiar to a state of revolution, and which a protracted revolution cannot fail to engender and to propagate, whatever be, in other respects, its character, its purpose, and the scene on which it takes place. When any nation has, within a short space of time, repeatedly varied its rulers, its opinions, and its laws, the men of whom it is composed eventually contract a taste for change, and grow accustomed to see all changes effected by sudden violence. Thus they naturally conceive a contempt for forms which daily prove ineffectual; and they do not support without impatience the dominion of rules which they have so often seen infringed. As the ordinary notions of equity and morality no longer suffice to explain and justify all the innovations daily begotten by a revolution, the principle of public utility is called in, the doctrine of political necessity is conjured up, and men accustom themselves to sacrifice private interests without scruple, and to trample on the rights of individuals in order more speedily to accomplish any public purpose.

These habits and notions, which I shall call revolutionary, because all revolutions produce them, occur in aristocracies just as much as amongst democratic nations; but amongst the former they are often less powerful and always less lasting, because there they meet with habits, notions, defects, and impediments, which counteract them: they consequently disappear as soon as the revolution is terminated, and the nation reverts to its former political courses. This is not always the case in democratic countries, in which it is ever to be feared that revolutionary tendencies, becoming more gentle and more regular, without entirely disappearing from society, will be gradually transformed into habits of subjection to the administrative authority of the government. I know of no countries in which revolutions re more dangerous than in democratic countries; because, independently of the accidental and transient evils which must always attend them, they may always create some evils which are permanent and unending. I believe that there are such things as justifiable resistance and legitimate rebellion: I do not therefore assert, as an absolute proposition, that the men of democratic ages ought never to make revolutions; but I think that they have especial reason to hesitate before they embark in them, and that it is far better to endure many grievances in their present condition than to have recourse to so perilous a remedy.

I shall conclude by one general idea, which comprises not only all the

## particular ideas which have been expressed in the present chapter, but

also most of those which it is the object of this book to treat of. In the ages of aristocracy which preceded our own, there were private persons of great power, and a social authority of extreme weakness. The outline of society itself was not easily discernible, and constantly confounded with the different powers by which the community was ruled. The principal efforts of the men of those times were required to strengthen, aggrandize, and secure the supreme power; and on the other hand, to circumscribe individual independence within narrower limits, and to subject private interests to the interests of the public. Other perils and other cares await the men of our age. Amongst the greater part of modern nations, the government, whatever may be its origin, its constitution, or its name, has become almost omnipotent, and private persons are falling, more and more, into the lowest stage of weakness and dependence. In olden society everything was different; unity and uniformity were nowhere to be met with. In modern society everything threatens to become so much alike, that the peculiar characteristics of each individual will soon be entirely lost in the general aspect of the world. Our forefathers were ever prone to make an improper use of the notion, that private rights ought to be respected; and we are naturally prone on the other hand to exaggerate the idea that the interest of a private individual ought always to bend to the interest of the many. The political world is metamorphosed: new remedies must henceforth be sought for new disorders. To lay down extensive, but distinct and settled limits, to the action of the government; to confer certain rights on private persons, and to secure to them the undisputed enjoyment of those rights; to enable individual man to maintain whatever independence, strength, and original power he still possesses; to raise him by the side of society at large, and uphold him in that position--these appear to me the main objects of legislators in the ages upon which we are now entering. It would seem as if the rulers of our time sought only to use men in order to make things great; I wish that they would try a little more to make great men; that they would set less value on the work, and more upon the workman; that they would never forget that a nation cannot long remain strong when every man belonging to it is individually weak, and that no form or combination of social polity has yet been devised, to make an energetic people out of a community of pusillanimous and enfeebled citizens.

I trace amongst our contemporaries two contrary notions which are equally injurious. One set of men can perceive nothing in the principle of equality but the anarchical tendencies which it engenders: they dread their own free agency--they fear themselves. Other thinkers, less numerous but more enlightened, take a different view: besides that track which starts from the principle of equality to terminate in anarchy, they have at last discovered the road which seems to lead men to inevitable servitude. They shape their souls beforehand to this necessary condition; and, despairing of remaining free, they already do obeisance in their hearts to the master who is soon to appear. The former abandon freedom, because they think it dangerous; the latter, because they hold it to be impossible. If I had entertained the latter conviction, I should not have written this book, but I should have confined myself to deploring in secret the destiny of mankind. I have sought to point out the dangers to which the principle of equality exposes the independence of man, because I firmly believe that these dangers are the most formidable, as well as the least foreseen, of all those which futurity holds in store: but I do not think that they are insurmountable. The men who live in the democratic ages upon which we are entering have naturally a taste for independence: they are naturally impatient of regulation, and they are wearied by the permanence even of the condition they themselves prefer. They are fond of power; but they are prone to despise and hate those who wield it, and they easily elude its grasp by their own mobility and insignificance. These propensities will always manifest themselves, because they originate in the groundwork of society, which will undergo no change: for a long time they will prevent the establishment of any despotism, and they will furnish fresh weapons to each succeeding generation which shall struggle in favor of the liberty of mankind. Let us then look forward to the future with that salutary fear which makes men keep watch and ward for freedom, not with that faint and idle terror which depresses and enervates the heart.

## Chapter VIII: General Survey Of The Subject

Before I close forever the theme that has detained me so long, I would fain take a parting survey of all the various characteristics of modern society, and appreciate at last the general influence to be exercised by the principle of equality upon the fate of mankind; but I am stopped by the difficulty of the task, and in presence of so great an object my sight is troubled, and my reason fails. The society of the modern world which I have sought to delineate, and which I seek to judge, has but just come into existence. Time has not yet shaped it into perfect form: the great revolution by which it has been created is not yet over: and amidst the occurrences of our time, it is almost impossible to discern what will pass away with the revolution itself, and what will survive its close. The world which is rising into existence is still half encumbered by the remains of the world which is waning into decay; and amidst the vast perplexity of human affairs, none can say how much of ancient institutions and former manners will remain, or how much will completely disappear. Although the revolution which is taking place in the social condition, the laws, the opinions, and the feelings of men, is still very far from being terminated, yet its results already admit of no comparison with anything that the world has ever before witnessed. I go back from age to age up to the remotest antiquity; but I find no parallel to what is occurring before my eyes: as the past has ceased to throw its light upon the future, the mind of man wanders in obscurity. Nevertheless, in the midst of a prospect so wide, so novel and so confused, some of the more prominent characteristics may already be discerned and pointed out. The good things and the evils of life are more equally distributed in the world: great wealth tends to disappear, the number of small fortunes to increase; desires and gratifications are multiplied, but extraordinary prosperity and irremediable penury are alike unknown. The sentiment of ambition is universal, but the scope of ambition is seldom vast. Each individual stands apart in solitary weakness; but society at large is active, provident, and powerful: the performances of private persons are insignificant, those of the State immense. There is little energy of character; but manners are mild, and laws humane. If there be few instances of exalted heroism or of virtues of the highest, brightest, and purest temper, men's habits are regular, violence is rare, and cruelty almost unknown. Human existence becomes longer, and property more secure: life is not adorned with brilliant trophies, but it is extremely easy and tranquil. Few pleasures are either very refined or very coarse; and highly polished manners are as uncommon as great brutality of tastes. Neither men of great learning, nor extremely ignorant communities, are to be met with; genius becomes more rare, information more diffused. The human mind is impelled by the small efforts of all mankind combined together, not by the strenuous

## activity of certain men. There is less perfection, but more abundance,

in all the productions of the arts. The ties of race, of rank, and of country are relaxed; the great bond of humanity is strengthened. If I endeavor to find out the most general and the most prominent of all these different characteristics, I shall have occasion to perceive, that what is taking place in men's fortunes manifests itself under a thousand other forms. Almost all extremes are softened or blunted: all that was most prominent is superseded by some mean term, at once less lofty and less low, less brilliant and less obscure, than what before existed in the world.

When I survey this countless multitude of beings, shaped in each other's likeness, amidst whom nothing rises and nothing falls, the sight of such universal uniformity saddens and chills me, and I am tempted to regret that state of society which has ceased to be. When the world was full of men of great importance and extreme insignificance, of great wealth and extreme poverty, of great learning and extreme ignorance, I turned aside from the latter to fix my observation on the former alone, who gratified my sympathies. But I admit that this gratification arose from my own weakness: it is because I am unable to see at once all that is around me, that I am allowed thus to select and separate the objects of my predilection from among so many others. Such is not the case with that almighty and eternal Being whose gaze necessarily includes the whole of created things, and who surveys distinctly, though at once, mankind and man. We may naturally believe that it is not the singular prosperity of the few, but the greater well-being of all, which is most pleasing in the sight of the Creator and Preserver of men. What appears to me to be man's decline, is to His eye advancement; what afflicts me is acceptable to Him. A state of equality is perhaps less elevated, but it is more just; and its justice constitutes its greatness and its beauty. I would strive then to raise myself to this point of the divine contemplation, and thence to view and to judge the concerns of men.

No man, upon the earth, can as yet affirm absolutely and generally, that the new state of the world is better than its former one; but it is already easy to perceive that this state is different. Some vices and some virtues were so inherent in the constitution of an aristocratic nation, and are so opposite to the character of a modern people, that they can never be infused into it; some good tendencies and some bad propensities which were unknown to the former, are natural to the latter; some ideas suggest themselves spontaneously to the imagination of the one, which are utterly repugnant to the mind of the other. They are like two distinct orders of human beings, each of which has its own merits and defects, its own advantages and its own evils. Care must therefore be taken not to judge the state of society, which is now coming into existence, by notions derived from a state of society which no longer exists; for as these states of society are exceedingly different in their structure, they cannot be submitted to a just or fair comparison. It would be scarcely more reasonable to require of our own contemporaries the peculiar virtues which originated in the social condition of their forefathers, since that social condition is itself fallen, and has drawn into one promiscuous ruin the good and evil which belonged to it.

But as yet these things are imperfectly understood. I find that a great number of my contemporaries undertake to make a certain selection from amongst the institutions, the opinions, and the ideas which originated in the aristocratic constitution of society as it was: a portion of these elements they would willingly relinquish, but they would keep the remainder and transplant them into their new world. I apprehend that such men are wasting their time and their strength in virtuous but unprofitable efforts. The object is not to retain the peculiar advantages which the inequality of conditions bestows upon mankind, but to secure the new benefits which equality may supply. We have not to seek to make ourselves like our progenitors, but to strive to work out that species of greatness and happiness which is our own. For myself, who now look back from this extreme limit of my task, and discover from afar, but at once, the various objects which have attracted my more attentive investigation upon my way, I am full of apprehensions and of hopes. I perceive mighty dangers which it is possible to ward off--mighty evils which may be avoided or alleviated; and I cling with a firmer hold to the belief, that for democratic nations to be virtuous and prosperous they require but to will it. I am aware that many of my contemporaries maintain that nations are never their own masters here below, and that they necessarily obey some insurmountable and unintelligent power, arising from anterior events, from their race, or from the soil and climate of their country. Such principles are false and cowardly; such principles can never produce aught but feeble men and pusillanimous nations. Providence has not created mankind entirely independent or entirely free. It is true that around every man a fatal circle is traced, beyond which he cannot pass; but within the wide verge of that circle he is powerful and free: as it is with man, so with communities. The nations of our time cannot prevent the conditions of men from becoming equal; but it depends upon themselves whether the principle of equality is to lead them to servitude or freedom, to knowledge or barbarism, to prosperity or to wretchedness.

## Part I.

Appendix A

For information concerning all the countries of the West which have not been visited by Europeans, consult the account of two expeditions undertaken at the expense of Congress by Major Long. This traveller

## particularly mentions, on the subject of the great American desert, that

a line may be drawn nearly parallel to the 20th degree of longitude *a (meridian of Washington), beginning from the Red River and ending at the River Platte. From this imaginary line to the Rocky Mountains, which bound the valley of the Mississippi on the west, lie immense plains, which are almost entirely covered with sand, incapable of cultivation, or scattered over with masses of granite. In summer, these plains are quite destitute of water, and nothing is to be seen on them but herds of buffaloes and wild horses. Some hordes of Indians are also found there, but in no great numbers. Major Long was told that in travelling northwards from the River Platte you find the same desert lying constantly on the left; but he was unable to ascertain the truth of this report. However worthy of confidence may be the narrative of Major Long, it must be remembered that he only passed through the country of which he speaks, without deviating widely from the line which he had traced out for his journey.

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

Appendix B

South America, in the region between the tropics, produces an incredible profusion of climbing plants, of which the flora of the Antilles alone presents us with forty different species. Among the most graceful of these shrubs is the passion-flower, which, according to Descourtiz, grows with such luxuriance in the Antilles, as to climb trees by means of the tendrils with which it is provided, and form moving bowers of rich and elegant festoons, decorated with blue and purple flowers, and fragrant with perfume. The Mimosa scandens (Acacia a grandes gousses) is a creeper of enormous and rapid growth, which climbs from tree to tree, and sometimes covers more than half a league.

Appendix C

The languages which are spoken by the Indians of America, from the Pole to Cape Horn, are said to be all formed upon the same model, and subject to the same grammatical rules; whence it may fairly be concluded that all the Indian nations sprang from the same stock. Each tribe of the American continent speaks a different dialect; but the number of languages, properly so called, is very small, a fact which tends to prove that the nations of the New World had not a very remote origin. Moreover, the languages of America have a great degree of regularity, from which it seems probable that the tribes which employ them had not undergone any great revolutions, or been incorporated voluntarily or by constraint, with foreign nations. For it is generally the union of several languages into one which produces grammatical irregularities. It is not long since the American languages, especially those of the North, first attracted the serious attention of philologists, when the discovery was made that this idiom of a barbarous people was the product of a complicated system of ideas and very learned combinations. These languages were found to be very rich, and great pains had been taken at their formation to render them agreeable to the ear. The grammatical system of the Americans differs from all others in several points, but especially in the following:--Some nations of Europe, amongst others the Germans, have the power of combining at pleasure different expressions, and thus giving a complex sense to certain words. The Indians have given a most surprising extension to this power, so as to arrive at the means of connecting a great number of ideas with a single term. This will be easily understood with the help of an example quoted by Mr. Duponceau, in the "Memoirs of the Philosophical Society of America": A Delaware woman playing with a cat or a young dog, says this writer, is heard to pronounce the word kuligatschis, which is thus composed: k is the sign of the second person, and signifies "thou" or "thy"; uli is a part of the word wulit, which signifies "beautiful," "pretty"; gat is another fragment, of the word wichgat, which means "paw"; and, lastly, schis is a diminutive giving the idea of smallness. Thus in one word the Indian woman has expressed "Thy pretty little paw." Take another example of the felicity with which the savages of America have composed their words. A young man of Delaware is called pilape. This word is formed from pilsit, "chaste," "innocent"; and lenape, "man"; viz., "man in his purity and innocence." This facility of combining words is most remarkable in the strange formation of their verbs. The most complex action is often expressed by a single verb, which serves to convey all the shades of an idea by the modification of its construction. Those who may wish to examine more in detail this subject, which I have only glanced at superficially, should read:--

1. The correspondence of Mr. Duponceau and the Rev. Mr. Hecwelder relative to the Indian languages, which is to be found in the first volume of the "Memoirs of the Philosophical Society of America," published at Philadelphia, 1819, by Abraham Small; vol. i. p. 356-464.

2. The "Grammar of the Delaware or the Lenape Language," by Geiberger, and the preface of Mr. Duponceau. All these are in the same collection, vol. iii.

3. An excellent account of these works, which is at the end of the sixth volume of the American Encyclopaedia.

Appendix D

See in Charlevoix, vol. i. p. 235, the history of the first war which the French inhabitants of Canada carried on, in 1610, against the Iroquois. The latter, armed with bows and arrows, offered a desperate resistance to the French and their allies. Charlevoix is not a great painter, yet he exhibits clearly enough, in this narrative, the contrast between the European manners and those of savages, as well as the different way in which the two races of men understood the sense of honor. When the French, says he, seized upon the beaver-skins which covered the Indians who had fallen, the Hurons, their allies, were greatly offended at this proceeding; but without hesitation they set to work in their usual manner, inflicting horrid cruelties upon the prisoners, and devouring one of those who had been killed, which made the Frenchmen shudder. The barbarians prided themselves upon a scrupulousness which they were surprised at not finding in our nation, and could not understand that there was less to reprehend in the stripping of dead bodies than in the devouring of their flesh like wild beasts. Charlevoix, in another place (vol. i. p. 230), thus describes the first torture of which Champlain was an eyewitness, and the return of the Hurons into their own village. Having proceeded about eight leagues, says he, our allies halted; and having singled out one of their captives, they reproached him with all the cruelties which he had practised upon the warriors of their nation who had fallen into his hands, and told him that he might expect to be treated in like manner; adding, that if he had any spirit he would prove it by singing. He immediately chanted forth his death-song, and then his war-song, and all the songs he knew, "but in a very mournful strain," says Champlain, who was not then aware that all savage music has a melancholy character. The tortures which succeeded, accompanied by all the horrors which we shall mention hereafter, terrified the French, who made every effort to put a stop to them, but in vain. The following night, one of the Hurons having dreamt that they were pursued, the retreat was changed to a real flight, and the savages never stopped until they were out of the reach of danger. The moment they perceived the cabins of their own village, they cut themselves long sticks, to which they fastened the scalps which had fallen to their share, and carried them in triumph. At this sight, the women swam to the canoes, where they received the bloody scalps from the hands of their husbands, and tied them round their necks. The warriors offered one of these horrible trophies to Champlain; they also presented him with some bows and arrows--the only spoils of the Iroquois which they had ventured to seize--entreating him to show them to the King of France. Champlain lived a whole winter quite alone among these barbarians, without being under any alarm for his person or property.

Appendix E

Although the Puritanical strictness which presided over the establishment of the English colonies in America is now much relaxed, remarkable traces of it are still found in their habits and their laws. In 1792, at the very time when the anti-Christian republic of France began its ephemeral existence, the legislative body of Massachusetts promulgated the following law, to compel the citizens to observe the Sabbath. We give the preamble and the principal articles of this law, which is worthy of the reader's attention: "Whereas," says the legislator, "the observation of the Sunday is an affair of public interest; inasmuch as it produces a necessary suspension of labor, leads men to reflect upon the duties of life, and the errors to which human nature is liable, and provides for the public and private worship of God, the creator and governor of the universe, and for the performance of such acts of charity as are the ornament and comfort of Christian societies:--Whereas irreligious or light-minded persons, forgetting the duties which the Sabbath imposes, and the benefits which these duties confer on society, are known to profane its sanctity, by following their pleasures or their affairs; this way of acting being contrary to their own interest as Christians, and calculated to annoy those who do not follow their example; being also of great injury to society at large, by spreading a taste for dissipation and dissolute manners; Be it enacted and ordained by the Governor, Council, and Representatives convened in General Court of Assembly, that all and every person and persons shall on that day carefully apply themselves to the duties of religion and piety, that no tradesman or labourer shall exercise his ordinary calling, and that no game or recreation shall be used on the Lord's Day, upon pain of forfeiting ten shillings.

"That no one shall travel on that day, or any part thereof, under pain of forfeiting twenty shillings; that no vessel shall leave a harbour of the colony; that no persons shall keep outside the meeting-house during the time of public worship, or profane the time by playing or talking, on penalty of five shillings.

"Public-houses shall not entertain any other than strangers or lodgers, under penalty of five shillings for every person found drinking and abiding therein.

"Any person in health, who, without sufficient reason, shall omit to worship God in public during three months, shall be condemned to a fine of ten shillings.

"Any person guilty of misbehaviour in a place of public worship, shall be fined from five to forty shillings.

"These laws are to be enforced by the tything-men of each township, who have authority to visit public-houses on the Sunday. The innkeeper who shall refuse them admittance, shall be fined forty shillings for such offence.

"The tything-men are to stop travellers, and require of them their reason for being on the road on Sunday; anyone refusing to answer, shall be sentenced to pay a fine not exceeding five pounds sterling. If the reason given by the traveller be not deemed by the tything-man sufficient, he may bring the traveller before the justice of the peace of the district." (Law of March 8, 1792; General Laws of Massachusetts, vol. i. p. 410.)

On March 11, 1797, a new law increased the amount of fines, half of which was to be given to the informer. (Same collection, vol. ii. p. 525.) On February 16, 1816, a new law confirmed these same measures. (Same collection, vol. ii. p. 405.) Similar enactments exist in the laws of the State of New York, revised in 1827 and 1828. (See Revised Statutes, Part I. chapter 20, p. 675.) In these it is declared that no one is allowed on the Sabbath to sport, to fish, to play at games, or to frequent houses where liquor is sold. No one can travel, except in case of necessity. And this is not the only trace which the religious strictness and austere manners of the first emigrants have left behind them in the American laws. In the Revised Statutes of the State of New York, vol. i. p. 662, is the following clause:--

"Whoever shall win or lose in the space of twenty-four hours, by gaming or betting, the sum of twenty-five dollars, shall be found guilty of a misdemeanour, and upon conviction shall be condemned to pay a fine equal to at least five times the value of the sum lost or won; which shall be paid to the inspector of the poor of the township. He that loses twenty-five dollars or more may bring an action to recover them; and if he neglects to do so the inspector of the poor may prosecute the winner, and oblige him to pay into the poor's box both the sum he has gained and three times as much besides."

The laws we quote from are of recent date; but they are unintelligible without going back to the very origin of the colonies. I have no doubt that in our days the penal part of these laws is very rarely applied. Laws preserve their inflexibility, long after the manners of a nation have yielded to the influence of time. It is still true, however, that nothing strikes a foreigner on his arrival in America more forcibly than the regard paid to the Sabbath. There is one, in particular, of the large American cities, in which all social movements begin to be suspended even on Saturday evening. You traverse its streets at the hour at which you expect men in the middle of life to be engaged in business, and young people in pleasure; and you meet with solitude and silence. Not only have all ceased to work, but they appear to have ceased to exist. Neither the movements of industry are heard, nor the accents of joy, nor even the confused murmur which arises from the midst of a great city. Chains are hung across the streets in the neighborhood of the churches; the half-closed shutters of the houses scarcely admit a ray of sun into the dwellings of the citizens. Now and then you perceive a solitary individual who glides silently along the deserted streets and lanes. Next day, at early dawn, the rolling of carriages, the noise of hammers, the cries of the population, begin to make themselves heard again. The city is awake. An eager crowd hastens towards the resort of commerce and industry; everything around you bespeaks motion, bustle, hurry. A feverish activity succeeds to the lethargic stupor of yesterday; you might almost suppose that they had but one day to acquire wealth and to enjoy it.

Appendix F

It is unnecessary for me to say, that in the chapter which has just been read, I have not had the intention of giving a history of America. My only object was to enable the reader to appreciate the influence which the opinions and manners of the first emigrants had exercised upon the fate of the different colonies, and of the Union in general. I have therefore confined myself to the quotation of a few detached fragments. I do not know whether I am deceived, but it appears to me that, by pursuing the path which I have merely pointed out, it would be easy to present such pictures of the American republics as would not be unworthy the attention of the public, and could not fail to suggest to the statesman matter for reflection. Not being able to devote myself to this labor, I am anxious to render it easy to others; and, for this purpose, I subjoin a short catalogue and analysis of the works which seem to me the most important to consult.

At the head of the general documents which it would be advantageous to examine I place the work entitled "An Historical Collection of State Papers, and other authentic Documents, intended as Materials for a History of the United States of America," by Ebenezer Hasard. The first volume of this compilation, which was printed at Philadelphia in 1792, contains a literal copy of all the charters granted by the Crown of England to the emigrants, as well as the principal acts of the colonial governments, during the commencement of their existence. Amongst other authentic documents, we here find a great many relating to the affairs of New England and Virginia during this period. The second volume is almost entirely devoted to the acts of the Confederation of 1643. This federal compact, which was entered into by the colonies of New England with the view of resisting the Indians, was the first instance of union afforded by the Anglo-Americans. There were besides many other confederations of the same nature, before the famous one of 1776, which brought about the independence of the colonies.

Each colony has, besides, its own historic monuments, some of which are extremely curious; beginning with Virginia, the State which was first peopled. The earliest historian of Virginia was its founder, Captain John Smith. Captain Smith has left us an octavo volume, entitled "The generall Historie of Virginia and New England, by Captain John Smith, sometymes Governor in those Countryes, and Admirall of New England"; printed at London in 1627. The work is adorned with curious maps and engravings of the time when it appeared; the narrative extends from the year 1584 to 1626. Smith's work is highly and deservedly esteemed. The author was one of the most celebrated adventurers of a period of remarkable adventure; his book breathes that ardor for discovery, that spirit of enterprise, which characterized the men of his time, when the manners of chivalry were united to zeal for commerce, and made subservient to the acquisition of wealth. But Captain Smith is most remarkable for uniting to the virtues which characterized his contemporaries several qualities to which they were generally strangers; his style is simple and concise, his narratives bear the stamp of truth, and his descriptions are free from false ornament. This author throws most valuable light upon the state and condition of the Indians at the time when North America was first discovered.

The second historian to consult is Beverley, who commences his narrative with the year 1585, and ends it with 1700. The first part of his book contains historical documents, properly so called, relative to the infancy of the colony. The second affords a most curious picture of the state of the Indians at this remote period. The third conveys very clear ideas concerning the manners, social conditions, laws, and political customs of the Virginians in the author's lifetime. Beverley was a native of Virginia, which occasions him to say at the beginning of his book, that he entreats his readers not to exercise their critical severity upon it, since, having been born in the Indies, he does not aspire to purity of language. Notwithstanding this colonial modesty, the author shows throughout his book the impatience with which he endures the supremacy of the mother-country. In this work of Beverley are also found numerous traces of that spirit of civil liberty which animated the English colonies of America at the time when he wrote. He also shows the dissensions which existed among them, and retarded their independence. Beverley detests his Catholic neighbors of Maryland even more than he hates the English government: his style is simple, his narrative interesting, and apparently trustworthy.

I saw in America another work which ought to be consulted, entitled "The History of Virginia," by William Stith. This book affords some curious details, but I thought it long and diffuse. The most ancient as well as the best document to be consulted on the history of Carolina, is a work in small quarto, entitled "The History of Carolina," by John Lawson, printed at London in 1718. This work contains, in the first part, a journey of discovery in the west of Carolina; the account of which, given in the form of a journal, is in general confused and superficial; but it contains a very striking description of the mortality caused among the savages of that time both by the smallpox and the immoderate use of brandy; with a curious picture of the corruption of manners prevalent amongst them, which was increased by the presence of Europeans. The second part of Lawson's book is taken up with a description of the physical condition of Carolina, and its productions. In the third part, the author gives an interesting account of the manners, customs, and government of the Indians at that period. There is a good deal of talent and originality in this part of the work. Lawson concludes his history with a copy of the charter granted to the Carolinas in the reign of Charles II. The general tone of this work is light, and often licentious, forming a perfect contrast to the solemn style of the works published at the same period in New England. Lawson's history is extremely scarce in America, and cannot be procured in Europe. There is, however, a copy of it in the Royal Library at Paris.

From the southern extremity of the United States, I pass at once to the northern limit; as the intermediate space was not peopled till a later period. I must first point out a very curious compilation, entitled "Collection of the Massachusetts Historical Society," printed for the first time at Boston in 1792, and reprinted in 1806. The collection of which I speak, and which is continued to the present day, contains a great number of very valuable documents relating to the history of the different States in New England. Among them are letters which have never been published, and authentic pieces which had been buried in provincial archives. The whole work of Gookin, concerning the Indians, is inserted there.

I have mentioned several times in the chapter to which this note relates, the work of Nathaniel Norton entitled "New England's Memorial"; sufficiently, perhaps, to prove that it deserves the attention of those who would be conversant with the history of New England. This book is in octavo, and was reprinted at Boston in 1826.

The most valuable and important authority which exists upon the history of New England, is the work of the Rev. Cotton Mather, entitled "Magnalia Christi Americana, or the Ecclesiastical History of New England, 1620-1698, 2 vols. 8vo, reprinted at Hartford, United States, in 1820." *b The author divided his work into seven books. The first presents the history of the events which prepared and brought about the establishment of New England. The second contains the lives of the first governors and chief magistrates who presided over the country. The third is devoted to the lives and labors of the evangelical ministers who, during the same period, had the care of souls. In the fourth the author relates the institution and progress of the University of Cambridge (Massachusetts). In the fifth he describes the principles and the discipline of the Church of New England. The sixth is taken up in retracing certain facts, which, in the opinion of Mather, prove the merciful interposition of Providence in behalf of the inhabitants of New England. Lastly, in the seventh, the author gives an account of the heresies and the troubles to which the Church of New England was exposed. Cotton Mather was an evangelical minister who was born at Boston, and passed his life there. His narratives are distinguished by the same ardor and religious zeal which led to the foundation of the colonies of New England. Traces of bad taste sometimes occur in his manner of writing; but he interests, because he is full of enthusiasm. He is often intolerant, still oftener credulous, but he never betrays an intention to deceive. Sometimes his book contains fine passages, and true and profound reflections, such as the following:--

"Before the arrival of the Puritans," says he (vol. i. chap. iv.), "there were more than a few attempts of the English to people and improve the parts of New England which were to the northward of New Plymouth; but the designs of those attempts being aimed no higher than the advancement of some worldly interests, a constant series of disasters has confounded them, until there was a plantation erected upon the nobler designs of Christianity: and that plantation though it has had more adversaries than perhaps any one upon earth, yet, having obtained help from God, it continues to this day." Mather occasionally relieves the austerity of his descriptions with images full of tender feeling: after having spoken of an English lady whose religious ardor had brought her to America with her husband, and who soon after sank under the fatigues and privations of exile, he adds, "As for her virtuous husband, Isaac Johnson,

He tryed To live without her, liked it not, and dyed."

[Footnote b: A folio edition of this work was published in London in 1702.]

Mather's work gives an admirable picture of the time and country which he describes. In his account of the motives which led the Puritans to seek an asylum beyond seas, he says:--"The God of Heaven served, as it were, a summons upon the spirits of his people in the English nation, stirring up the spirits of thousands which never saw the faces of each other, with a most unanimous inclination to leave all the pleasant accommodations of their native country, and go over a terrible ocean, into a more terrible desert, for the pure enjoyment of all his ordinances. It is now reasonable that, before we pass any further, the reasons of his undertaking should be more exactly made known unto posterity, especially unto the posterity of those that were the undertakers, lest they come at length to forget and neglect the true interest of New England. Wherefore I shall now transcribe some of them from a manuscript, wherein they were then tendered unto consideration:

"General Considerations for the Plantation of New England

"First, It will be a service unto the Church of great consequence, to carry the Gospel unto those parts of the world, and raise a bulwark against the kingdom of Antichrist, which the Jesuits labour to rear up in all parts of the world.

"Secondly, All other Churches of Europe have been brought under desolations; and it may be feared that the like judgments are coming upon us; and who knows but God hath provided this place to be a refuge for many whom he means to save out of the general destruction?

"Thirdly, The land grows weary of her inhabitants, insomuch that man, which is the most precious of all creatures, is here more vile and base than the earth he treads upon; children, neighbours, and friends, especially the poor, are counted the greatest burdens, which, if things were right, would be the chiefest of earthly blessings.

"Fourthly, We are grown to that intemperance in all excess of riot, as no mean estate almost will suffice a man to keep sail with his equals, and he that fails in it must live in scorn and contempt: hence it comes to pass, that all arts and trades are carried in that deceitful manner and unrighteous course, as it is almost impossible for a good upright man to maintain his constant charge and live comfortably in them.

"Fifthly, The schools of learning and religion are so corrupted, as (besides the unsupportable charge of education) most children, even the best, wittiest, and of the fairest hopes, are perverted, corrupted, and utterly overthrown by the multitude of evil examples and licentious behaviours in these seminaries.

"Sixthly, The whole earth is the Lord's garden, and he hath given it to the sons of Adam, to be tilled and improved by them: why, then, should we stand starving here for places of habitation, and in the meantime suffer whole countries, as profitable for the use of man, to lie waste without any improvement?

"Seventhly, What can be a better or nobler work, and more worthy of a Christian, than to erect and support a reformed particular Church in its infancy, and unite our forces with such a company of faithful people, as by timely assistance may grow stronger and prosper; but for want of it, may be put to great hazards, if not be wholly ruined?

"Eighthly, If any such as are known to be godly, and live in wealth and prosperity here, shall forsake all this to join with this reformed Church, and with it run the hazard of an hard and mean condition, it will be an example of great use, both for the removing of scandal and to give more life unto the faith of God's people in their prayers for the plantation, and also to encourage others to join the more willingly in it."

Further on, when he declares the principles of the Church of New England with respect to morals, Mather inveighs with violence against the custom of drinking healths at table, which he denounces as a pagan and abominable practice. He proscribes with the same rigor all ornaments for the hair used by the female sex, as well as their custom of having the arms and neck uncovered. In another part of his work he relates several instances of witchcraft which had alarmed New England. It is plain that the visible action of the devil in the affairs of this world appeared to him an incontestable and evident fact.

This work of Cotton Mather displays, in many places, the spirit of civil liberty and political independence which characterized the times in which he lived. Their principles respecting government are discoverable at every page. Thus, for instance, the inhabitants of Massachusetts, in the year 1630, ten years after the foundation of Plymouth, are found to have devoted Pound 400 sterling to the establishment of the University of Cambridge. In passing from the general documents relative to the history of New England to those which describe the several States comprised within its limits, I ought first to notice "The History of the Colony of Massachusetts," by Hutchinson, Lieutenant-Governor of the Massachusetts Province, 2 vols. 8vo. The history of Hutchinson, which I have several times quoted in the chapter to which this note relates, commences in the year 1628, and ends in 1750. Throughout the work there is a striking air of truth and the greatest simplicity of style: it is full of minute details. The best history to consult concerning Connecticut is that of Benjamin Trumbull, entitled "A Complete History of Connecticut, Civil and Ecclesiastical," 1630-1764, 2 vols. 8vo, printed in 1818 at New Haven. This history contains a clear and calm account of all the events which happened in Connecticut during the period given in the title. The author drew from the best sources, and his narrative bears the stamp of truth. All that he says of the early days of Connecticut is extremely curious. See especially the Constitution of 1639, vol. i. ch. vi. p. 100; and also the Penal Laws of Connecticut, vol. i. ch. vii. p. 123.

"The History of New Hampshire," by Jeremy Belknap, is a work held in merited estimation. It was printed at Boston in 1792, in 2 vols. 8vo. The third chapter of the first volume is particularly worthy of attention for the valuable details it affords on the political and religious principles of the Puritans, on the causes of their emigration, and on their laws. The following curious quotation is given from a sermon delivered in 1663:--"It concerneth New England always to remember that they are a plantation religious, not a plantation of trade. The profession of the purity of doctrine, worship, and discipline, is written upon her forehead. Let merchants, and such as are increasing cent. per cent., remember this, that worldly gain was not the end and design of the people of New England, but religion. And if any man among us make religion as twelve, and the world as thirteen, such an one hath not the spirit of a true New Englishman." The reader of Belknap will find in his work more general ideas, and more strength of thought, than are to be met with in the American historians even to the present day.

Among the Central States which deserve our attention for their remote origin, New York and Pennsylvania are the foremost. The best history we have of the former is entitled "A History of New York," by William Smith, printed at London in 1757. Smith gives us important details of the wars between the French and English in America. His is the best account of the famous confederation of the Iroquois.

With respect to Pennsylvania, I cannot do better than point out the work of Proud, entitled "The History of Pennsylvania, from the original Institution and Settlement of that Province, under the first Proprietor and Governor, William Penn, in 1681, till after the year 1742," by Robert Proud, 2 vols. 8vo, printed at Philadelphia in 1797. This work is deserving of the especial attention of the reader; it contains a mass of curious documents concerning Penn, the doctrine of the Quakers, and the character, manners, and customs of the first inhabitants of Pennsylvania. I need not add that among the most important documents relating to this State are the works of Penn himself, and those of Franklin.

## Part II.

Appendix G

We read in Jefferson's "Memoirs" as follows:--

"At the time of the first settlement of the English in Virginia, when land was to be had for little or nothing, some provident persons having obtained large grants of it, and being desirous of maintaining the splendor of their families, entailed their property upon their descendants. The transmission of these estates from generation to generation, to men who bore the same name, had the effect of raising up a distinct class of families, who, possessing by law the privilege of perpetuating their wealth, formed by these means a sort of patrician order, distinguished by the grandeur and luxury of their establishments. From this order it was that the King usually chose his councillors of state." *c

[Footnote c: This passage is extracted and translated from M. Conseil's work upon the life of Jefferson, entitled "Melanges Politiques et Philosophiques de Jefferson."]

In the United States, the principal clauses of the English law respecting descent have been universally rejected. The first rule that we follow, says Mr. Kent, touching inheritance, is the following:--If a man dies intestate, his property goes to his heirs in a direct line. If he has but one heir or heiress, he or she succeeds to the whole. If there are several heirs of the same degree, they divide the inheritance equally amongst them, without distinction of sex. This rule was prescribed for the first time in the State of New York by a statute of February 23, 1786. (See Revised Statutes, vol. iii. Appendix, p. 48.) It has since then been adopted in the Revised Statutes of the same State. At the present day this law holds good throughout the whole of the United States, with the exception of the State of Vermont, where the male heir inherits a double portion. (Kent's "Commentaries," vol. iv. p. 370.) Mr. Kent, in the same work, vol. iv. p. 1-22, gives a historical account of American legislation on the subject of entail: by this we learn that, previous to the Revolution, the colonies followed the English law of entail. Estates tail were abolished in Virginia in 1776, on a motion of Mr. Jefferson. They were suppressed in New York in 1786, and have since been abolished in North Carolina, Kentucky, Tennessee, Georgia, and Missouri. In Vermont, Indiana, Illinois, South Carolina, and Louisiana, entail was never introduced. Those States which thought proper to preserve the English law of entail, modified it in such a way as to deprive it of its most aristocratic tendencies. "Our general principles on the subject of government," says Mr. Kent, "tend to favor the free circulation of property."

It cannot fail to strike the French reader who studies the law of inheritance, that on these questions the French legislation is infinitely more democratic even than the American. The American law makes an equal division of the father's property, but only in the case of his will not being known; "for every man," says the law, "in the State of New York (Revised Statutes, vol. iii. Appendix, p. 51), has entire liberty, power, and authority, to dispose of his property by will, to leave it entire, or divided in favor of any persons he chooses as his heirs, provided he do not leave it to a political body or any corporation." The French law obliges the testator to divide his property equally, or nearly so, among his heirs. Most of the American republics still admit of entails, under certain restrictions; but the French law prohibits entail in all cases. If the social condition of the Americans is more democratic than that of the French, the laws of the latter are the most democratic of the two. This may be explained more easily than at first appears to be the case. In France, democracy is still occupied in the work of destruction; in America, it reigns quietly over the ruins it has made.

Appendix H

Summary Of The Qualifications Of Voters In The United States As They Existed In 1832

All the States agree in granting the right of voting at the age of twenty-one. In all of them it is necessary to have resided for a certain time in the district where the vote is given. This period varies from three months to two years.

As to the qualification: in the State of Massachusetts it is necessary to have an income of Pound 3 or a capital of Pound 60. In Rhode Island, a man must possess landed property to the amount of $133.

In Connecticut, he must have a property which gives an income of $17. A year of service in the militia also gives the elective privilege.

In New Jersey, an elector must have a property of Pound 50 a year.

In South Carolina and Maryland, the elector must possess fifty acres of land.

In Tennessee, he must possess some property.

In the States of Mississippi, Ohio, Georgia, Virginia, Pennsylvania, Delaware, New York, the only necessary qualification for voting is that of paying the taxes; and in most of the States, to serve in the militia is equivalent to the payment of taxes. In Maine and New Hampshire any man can vote who is not on the pauper list.

Lastly, in the States of Missouri, Alabama, Illinois, Louisiana, Indiana, Kentucky, and Vermont, the conditions of voting have no reference to the property of the elector.

I believe there is no other State besides that of North Carolina in which different conditions are applied to the voting for the Senate and the electing the House of Representatives. The electors of the former, in this case, should possess in property fifty acres of land; to vote for the latter, nothing more is required than to pay taxes.

Appendix I

The small number of custom-house officers employed in the United States, compared with the extent of the coast, renders smuggling very easy; notwithstanding which, it is less practised than elsewhere, because everybody endeavors to repress it. In America there is no police for the prevention of fires, and such accidents are more frequent than in Europe; but in general they are more speedily extinguished, because the surrounding population is prompt in lending assistance.

Appendix K

It is incorrect to assert that centralization was produced by the French Revolution; the revolution brought it to perfection, but did not create it. The mania for centralization and government regulations dates from the time when jurists began to take a share in the government, in the time of Philippele-Bel; ever since which period they have been on the increase. In the year 1775, M. de Malesherbes, speaking in the name of the Cour des Aides, said to Louis XIV:-- *d

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

". . . Every corporation and every community of citizens retained the right of administering its own affairs; a right which not only forms part of the primitive constitution of the kingdom, but has a still higher origin; for it is the right of nature, and of reason. Nevertheless, your subjects, Sire, have been deprived of it; and we cannot refrain from saying that in this respect your government has fallen into puerile extremes. From the time when powerful ministers made it a political principle to prevent the convocation of a national assembly, one consequence has succeeded another, until the deliberations of the inhabitants of a village are declared null when they have not been authorized by the Intendant. Of course, if the community has an expensive undertaking to carry through, it must remain under the control of the sub-delegate of the Intendant, and, consequently, follow the plan he proposes, employ his favorite workmen, pay them according to his pleasure; and if an action at law is deemed necessary, the Intendant's permission must be obtained. The cause must be pleaded before this first tribunal, previous to its being carried into a public court; and if the opinion of the Intendant is opposed to that of the inhabitants, or if their adversary enjoys his favor, the community is deprived of the power of defending its rights. Such are the means, Sire, which have been exerted to extinguish the municipal spirit in France; and to stifle, if possible, the opinions of the citizens. The nation may be said to lie under an interdict, and to be in wardship under guardians." What could be said more to the purpose at the present day, when the Revolution has achieved what are called its victories in centralization?

In 1789, Jefferson wrote from Paris to one of his friends:--"There is no country where the mania for over-governing has taken deeper root than in France, or been the source of greater mischief." (Letter to Madison, August 28, 1789.) The fact is, that for several centuries past the central power of France has done everything it could to extend central administration; it has acknowledged no other limits than its own strength. The central power to which the Revolution gave birth made more rapid advances than any of its predecessors, because it was stronger and wiser than they had been; Louis XIV committed the welfare of such communities to the caprice of an intendant; Napoleon left them to that of the Minister. The same principle governed both, though its consequences were more or less remote.

Appendix L

The immutability of the constitution of France is a necessary consequence of the laws of that country. To begin with the most important of all the laws, that which decides the order of succession to the throne; what can be more immutable in its principle than a political order founded upon the natural succession of father to son? In 1814, Louis XVIII had established the perpetual law of hereditary succession in favor of his own family. The individuals who regulated the consequences of the Revolution of 1830 followed his example; they merely established the perpetuity of the law in favor of another family. In this respect they imitated the Chancellor Meaupou, who, when he erected the new Parliament upon the ruins of the old, took care to declare in the same ordinance that the rights of the new magistrates should be as inalienable as those of their predecessors had been. The laws of 1830, like those of 1814, point out no way of changing the constitution: and it is evident that the ordinary means of legislation are insufficient for this purpose. As the King, the Peers, and the Deputies, all derive their authority from the constitution, these three powers united cannot alter a law by virtue of which alone they govern. Out of the pale of the constitution they are nothing: where, when, could they take their stand to effect a change in its provisions? The alternative is clear: either their efforts are powerless against the charter, which continues to exist in spite of them, in which case they only reign in the name of the charter; or they succeed in changing the charter, and then, the law by which they existed being annulled, they themselves cease to exist. By destroying the charter, they destroy themselves. This is much more evident in the laws of 1830 than in those of 1814. In 1814, the royal prerogative took its stand above and beyond the constitution; but in 1830, it was avowedly created by, and dependent on, the constitution. A part, therefore, of the French constitution is immutable, because it is united to the destiny of a family; and the body of the constitution is equally immutable, because there appear to be no legal means of changing it. These remarks are not applicable to England. That country having no written constitution, who can assert when its constitution is changed?

Appendix M

The most esteemed authors who have written upon the English Constitution agree with each other in establishing the omnipotence of the Parliament. Delolme says: "It is a fundamental principle with the English lawyers, that Parliament can do everything except making a woman a man, or a man a woman." Blackstone expresses himself more in detail, if not more energetically, than Delolme, in the following terms:--"The power and jurisdiction of Parliament, says Sir Edward Coke (4 Inst. 36), 'is so transcendent and absolute that it cannot be confined, either for causes or persons, within any bounds.' And of this High Court, he adds, may be truly said, 'Si antiquitatem spectes, est vetustissima; si dignitatem, est honoratissima; si jurisdictionem, est capacissima.' It hath sovereign and uncontrollable authority in the making, confirming, enlarging, restraining, abrogating, repealing, reviving, and expounding of laws, concerning matters of all possible denominations; ecclesiastical or temporal; civil, military, maritime, or criminal; this being the place where that absolute despotic power which must, in all governments, reside somewhere, is intrusted by the constitution of these kingdoms. All mischiefs and grievances, operations and remedies, that transcend the ordinary course of the laws, are within the reach of this extraordinary tribunal. It can regulate or new-model the succession to the Crown; as was done in the reign of Henry VIII and William III. It can alter the established religion of the land; as was done in a variety of instances in the reigns of King Henry VIII and his three children. It can change and create afresh even the constitution of the kingdom, and of parliaments themselves; as was done by the Act of Union and the several statutes for triennial and septennial elections. It can, in short, do everything that is not naturally impossible to be done; and, therefore some have not scrupled to call its power, by a figure rather too bold, the omnipotence of Parliament."

Appendix N

There is no question upon which the American constitutions agree more fully than upon that of political jurisdiction. All the constitutions which take cognizance of this matter, give to the House of Delegates the exclusive right of impeachment; excepting only the constitution of North Carolina, which grants the same privilege to grand juries. (Article 23.) Almost all the constitutions give the exclusive right of pronouncing sentence to the Senate, or to the Assembly which occupies its place.

The only punishments which the political tribunals can inflict are removal, or the interdiction of public functions for the future. There is no other constitution but that of Virginia (p. 152), which enables them to inflict every kind of punishment. The crimes which are subject to political jurisdiction are, in the federal constitution (Section 4, Art. 1); in that of Indiana (Art. 3, paragraphs 23 and 24); of New York (Art. 5); of Delaware (Art. 5), high treason, bribery, and other high crimes or offences. In the Constitution of Massachusetts (Chap. I, Section 2); that of North Carolina (Art. 23); of Virginia (p. 252), misconduct and maladministration. In the constitution of New Hampshire (p. 105), corruption, intrigue, and maladministration. In Vermont (Chap. 2, Art. 24), maladministration. In South Carolina (Art. 5); Kentucky (Art. 5); Tennessee (Art. 4); Ohio (Art. 1, 23, 24); Louisiana (Art. 5); Mississippi (Art. 5); Alabama (Art. 6); Pennsylvania (Art. 4), crimes committed in the non-performance of official duties. In the States of Illinois, Georgia, Maine, and Connecticut, no particular offences are specified.

Appendix O

It is true that the powers of Europe may carry on maritime wars with the Union; but there is always greater facility and less danger in supporting a maritime than a continental war. Maritime warfare only requires one species of effort. A commercial people which consents to furnish its government with the necessary funds, is sure to possess a fleet. And it is far easier to induce a nation to part with its money, almost unconsciously, than to reconcile it to sacrifices of men and personal efforts. Moreover, defeat by sea rarely compromises the existence or independence of the people which endures it. As for continental wars, it is evident that the nations of Europe cannot be formidable in this way to the American Union. It would be very difficult to transport and maintain in America more than 25,000 soldiers; an army which may be considered to represent a nation of about 2,000,000 of men. The most populous nation of Europe contending in this way against the Union, is in the position of a nation of 2,000,000 of inhabitants at war with one of 12,000,000. Add to this, that America has all its resources within reach, whilst the European is at 4,000 miles distance from his; and that the immensity of the American continent would of itself present an insurmountable obstacle to its conquest.

Appendix P

The first American journal appeared in April, 1704, and was published at Boston. See "Collection of the Historical Society of Massachusetts," vol. vi. p. 66. It would be a mistake to suppose that the periodical press has always been entirely free in the American colonies: an attempt was made to establish something analogous to a censorship and preliminary security. Consult the Legislative Documents of Massachusetts of January 14, 1722. The Committee appointed by the General Assembly (the legislative body of the province) for the purpose of examining into circumstances connected with a paper entitled "The New England Courier," expresses its opinion that "the tendency of the said journal is to turn religion into derision and bring it into contempt; that it mentions the sacred writers in a profane and irreligious manner; that it puts malicious interpretations upon the conduct of the ministers of the Gospel; and that the Government of his Majesty is insulted, and the peace and tranquillity of the province disturbed by the said journal. The Committee is consequently of opinion that the printer and publisher, James Franklin, should be forbidden to print and publish the said journal or any other work in future, without having previously submitted it to the Secretary of the province; and that the justices of the peace for the county of Suffolk should be commissioned to require bail of the said James Franklin for his good conduct during the ensuing year." The suggestion of the Committee was adopted and passed into a law, but the effect of it was null, for the journal eluded the prohibition by putting the name of Benjamin Franklin instead of James Franklin at the bottom of its columns, and this manoeuvre was supported by public opinion.

Appendix Q

The Federal Constitution has introduced the jury into the tribunals of the Union in the same way as the States had introduced it into their own several courts; but as it has not established any fixed rules for the choice of jurors, the federal courts select them from the ordinary jury list which each State makes for itself. The laws of the States must therefore be examined for the theory of the formation of juries. See Story's "Commentaries on the Constitution," B. iii. chap. 38, p. 654-659; Sergeant's "Constitutional Law," p. 165. See also the Federal Laws of the years 1789, 1800, and 1802, upon the subject. For the purpose of thoroughly understanding the American principles with respect to the formation of juries, I examined the laws of States at a distance from one another, and the following observations were the result of my inquiries. In America, all the citizens who exercise the elective franchise have the right of serving upon a jury. The great State of New York, however, has made a slight difference between the two privileges, but in a spirit quite contrary to that of the laws of France; for in the State of New York there are fewer persons eligible as jurymen than there are electors. It may be said in general that the right of forming part of a jury, like the right of electing representatives, is open to all the citizens: the exercise of this right, however, is not put indiscriminately into any hands. Every year a body of municipal or county magistrates--called "selectmen" in New England, "supervisors" in New York, "trustees" in Ohio, and "sheriffs of the parish" in Louisiana--choose for each county a certain number of citizens who have the right of serving as jurymen, and who are supposed to be capable of exercising their functions. These magistrates, being themselves elective, excite no distrust; their powers, like those of most republican magistrates, are very extensive and very arbitrary, and they frequently make use of them to remove unworthy or incompetent jurymen. The names of the jurymen thus chosen are transmitted to the County Court; and the jury who have to decide any affair are drawn by lot from the whole list of names. The Americans have contrived in every way to make the common people eligible to the jury, and to render the service as little onerous as possible. The sessions are held in the chief town of every county, and the jury are indemnified for their attendance either by the State or the parties concerned. They receive in general a dollar per day, besides their travelling expenses. In America, the being placed upon the jury is looked upon as a burden, but it is a burden which is very supportable. See Brevard's "Digest of the Public Statute Law of South Carolina," vol. i. pp. 446 and 454, vol. ii. pp. 218 and 338; "The General Laws of Massachusetts, revised and published by authority of the Legislature," vol. ii. pp. 187 and 331; "The Revised Statutes of the State of New York," vol. ii. pp. 411, 643, 717, 720; "The Statute Law of the State of Tennessee," vol. i. p. 209; "Acts of the State of Ohio," pp. 95 and 210; and "Digeste general des Actes de la Legislature de la Louisiane."

Appendix R

If we attentively examine the constitution of the jury as introduced into civil proceedings in England, we shall readily perceive that the jurors are under the immediate control of the judge. It is true that the verdict of the jury, in civil as well as in criminal cases, comprises the question of fact and the question of right in the same reply; thus--a house is claimed by Peter as having been purchased by him: this is the fact to be decided. The defendant puts in a plea of incompetency on the part of the vendor: this is the legal question to be resolved. But the jury do not enjoy the same character of infallibility in civil cases, according to the practice of the English courts, as they do in criminal cases. The judge may refuse to receive the verdict; and even after the first trial has taken place, a second or new trial may be awarded by the Court. See Blackstone's "Commentaries," book iii. ch. 24.

Appendix S

I find in my travelling journal a passage which may serve to convey a more complete notion of the trials to which the women of America, who consent to follow their husbands into the wilds, are often subjected. This description has nothing to recommend it to the reader but its strict accuracy:

". . . From time to time we come to fresh clearings; all these places are alike; I shall describe the one at which we have halted to-night, for it will serve to remind me of all the others.

"The bell which the pioneers hang round the necks of their cattle, in order to find them again in the woods, announced our approach to a clearing, when we were yet a long way off; and we soon afterwards heard the stroke of the hatchet, hewing down the trees of the forest. As we came nearer, traces of destruction marked the presence of civilized man; the road was strewn with shattered boughs; trunks of trees, half consumed by fire, or cleft by the wedge, were still standing in the track we were following. We continued to proceed till we reached a wood in which all the trees seemed to have been suddenly struck dead; in the height of summer their boughs were as leafless as in winter; and upon closer examination we found that a deep circle had been cut round the bark, which, by stopping the circulation of the sap, soon kills the tree. We were informed that this is commonly the first thing a pioneer does; as he cannot in the first year cut down all the trees which cover his new parcel of land, he sows Indian corn under their branches, and puts the trees to death in order to prevent them from injuring his crop. Beyond this field, at present imperfectly traced out, we suddenly came upon the cabin of its owner, situated in the centre of a plot of ground more carefully cultivated than the rest, but where man was still waging unequal warfare with the forest; there the trees were cut down, but their roots were not removed, and the trunks still encumbered the ground which they so recently shaded. Around these dry blocks, wheat, suckers of trees, and plants of every kind, grow and intertwine in all the luxuriance of wild, untutored nature. Amidst this vigorous and various vegetation stands the house of the pioneer, or, as they call it, the log house. Like the ground about it, this rustic dwelling bore marks of recent and hasty labor; its length seemed not to exceed thirty feet, its height fifteen; the walls as well as the roof were formed of rough trunks of trees, between which a little moss and clay had been inserted to keep out the cold and rain.

"As night was coming on, we determined to ask the master of the log house for a lodging. At the sound of our footsteps, the children who were playing amongst the scattered branches sprang up and ran towards the house, as if they were frightened at the sight of man; whilst two large dogs, almost wild, with ears erect and outstretched nose, came growling out of their hut, to cover the retreat of their young masters. The pioneer himself made his appearance at the door of his dwelling; he looked at us with a rapid and inquisitive glance, made a sign to the dogs to go into the house, and set them the example, without betraying either curiosity or apprehension at our arrival.

"We entered the log house: the inside is quite unlike that of the cottages of the peasantry of Europe: it contains more than is superfluous, less than is necessary. A single window with a muslin blind; on a hearth of trodden clay an immense fire, which lights the whole structure; above the hearth a good rifle, a deer's skin, and plumes of eagles' feathers; on the right hand of the chimney a map of the United States, raised and shaken by the wind through the crannies in the wall; near the map, upon a shelf formed of a roughly hewn plank, a few volumes of books--a Bible, the six first books of Milton, and two of Shakespeare's plays; along the wall, trunks instead of closets; in the centre of the room a rude table, with legs of green wood, and with the bark still upon them, looking as if they grew out of the ground on which they stood; but on this table a tea-pot of British ware, silver spoons, cracked tea-cups, and some newspapers.

"The master of this dwelling has the strong angular features and lank limbs peculiar to the native of New England. It is evident that this man was not born in the solitude in which we have met with him: his physical constitution suffices to show that his earlier years were spent in the midst of civilized society, and that he belongs to that restless, calculating, and adventurous race of men, who do with the utmost coolness things only to be accounted for by the ardor of the passions, and who endure the life of savages for a time, in order to conquer and civilize the backwoods.

"When the pioneer perceived that we were crossing his threshold, he came to meet us and shake hands, as is their custom; but his face was quite unmoved; he opened the conversation by inquiring what was going on in the world; and when his curiosity was satisfied, he held his peace, as if he were tired by the noise and importunity of mankind. When we questioned him in our turn, he gave us all the information we required; he then attended sedulously, but without eagerness, to our personal wants. Whilst he was engaged in providing thus kindly for us, how came it that in spit of ourselves we felt our gratitude die upon our lips? It is that our host whilst he performs the duties of hospitality, seems to be obeying an irksome necessity of his condition: he treats it as a duty imposed upon him by his situation, not as a pleasure. By the side of the hearth sits a woman with a baby on her lap: she nods to us without disturbing herself. Like the pioneer, this woman is in the prime of life; her appearance would seem superior to her condition, and her apparel even betrays a lingering taste for dress; but her delicate limbs appear shrunken, her features are drawn in, her eye is mild and melancholy; her whole physiognomy bears marks of a degree of religious resignation, a deep quiet of all passions, and some sort of natural and tranquil firmness, ready to meet all the ills of life, without fearing and without braving them. Her children cluster about her, full of health, turbulence, and energy: they are true children of the wilderness; their mother watches them from time to time with mingled melancholy and joy: to look at their strength and her languor, one might imagine that the life she has given them has exhausted her own, and still she regrets not what they have cost her. The house inhabited by these emigrants has no internal partition or loft. In the one chamber of which it consists, the whole family is gathered for the night. The dwelling is itself a little world--an ark of civilization amidst an ocean of foliage: a hundred steps beyond it the primeval forest spreads its shades, and solitude resumes its sway."

Appendix T

It is not the equality of conditions which makes men immoral and irreligious; but when men, being equal, are at the same time immoral and irreligious, the effects of immorality and irreligion easily manifest themselves outwardly, because men have but little influence upon each other, and no class exists which can undertake to keep society in order. Equality of conditions never engenders profligacy of morals, but it sometimes allows that profligacy to show itself.

Appendix U

Setting aside all those who do not think at all, and those who dare not say what they think, the immense majority of the Americans will still be found to appear satisfied with the political institutions by which they are governed; and, I believe, really to be so. I look upon this state of public opinion as an indication, but not as a demonstration, of the absolute excellence of American laws. The pride of a nation, the gratification of certain ruling passions by the law, a concourse of circumstances, defects which escape notice, and more than all the rest, the influence of a majority which shuts the mouth of all cavillers, may long perpetuate the delusions of a people as well as those of a man. Look at England throughout the eighteenth century. No nation was ever more prodigal of self-applause, no people was ever more self-satisfied; then every part of its constitution was right--everything, even to its most obvious defects, was irreproachable: at the present day a vast number of Englishmen seem to have nothing better to do than to prove that this constitution was faulty in many respects. Which was right?--the English people of the last century, or the English people of the present day?

The same thing has occurred in France. It is certain that during the reign of Louis XIV the great bulk of the nation was devotedly attached to the form of government which, at that time, governed the community. But it is a vast error to suppose that there was anything degraded in the character of the French of that age. There might be some sort of servitude in France at that time, but assuredly there was no servile spirit among the people. The writers of that age felt a species of genuine enthusiasm in extolling the power of their king; and there was no peasant so obscure in his hovel as not to take a pride in the glory of his sovereign, and to die cheerfully with the cry "Vive le Roi!" upon his lips. These very same forms of loyalty are now odious to the French people. Which are wrong?--the French of the age of Louis XIV, or their descendants of the present day?

Our judgment of the laws of a people must not then be founded Future Condition Of Three Races In The United States exclusively upon its inclinations, since those inclinations change from age to age; but upon more elevated principles and a more general experience. The love which a people may show for its law proves only this:--that we should not be in too great a hurry to change them.

Appendix V

In the chapter to which this note relates I have pointed out one source of danger: I am now about to point out another kind of peril, more rare indeed, but far more formidable if it were ever to make its appearance. If the love of physical gratification and the taste for well-being, which are naturally suggested to men by a state of equality, were to get entire possession of the mind of a democratic people, and to fill it completely, the manners of the nation would become so totally opposed to military tastes, that perhaps even the army would eventually acquire a love of peace, in spite of the peculiar interest which leads it to desire war. Living in the midst of a state of general relaxation, the troops would ultimately think it better to rise without efforts, by the slow but commodious advancement of a peace establishment, than to purchase more rapid promotion at the cost of all the toils and privations of the field. With these feelings, they would take up arms without enthusiasm, and use them without energy; they would allow themselves to be led to meet the foe, instead of marching to attack him. It must not be supposed that this pacific state of the army would render it adverse to revolutions; for revolutions, and especially military revolutions, which are generally very rapid, are attended indeed with great dangers, but not with protracted toil; they gratify ambition at less cost than war; life only is at stake, and the men of democracies care less for their lives than for their comforts. Nothing is more dangerous for the freedom and the tranquillity of a people than an army afraid of war, because, as such an army no longer seeks to maintain its importance and its influence on the field of battle, it seeks to assert them elsewhere. Thus it might happen that the men of whom a democratic army consists should lose the interests of citizens without acquiring the virtues of soldiers; and that the army should cease to be fit for war without ceasing to be turbulent. I shall here repeat what I have said in the text: the remedy for these dangers is not to be found in the army, but in the country: a democratic people which has preserved the manliness of its character will never be at a loss for military prowess in its soldiers.

Appendix W

Men connect the greatness of their idea of unity with means, God with ends: hence this idea of greatness, as men conceive it, leads us into infinite littleness. To compel all men to follow the same course towards the same object is a human notion;--to introduce infinite variety of

## action, but so combined that all these acts lead by a multitude of

different courses to the accomplishment of one great design, is a conception of the Deity. The human idea of unity is almost always barren; the divine idea pregnant with abundant results. Men think they manifest their greatness by simplifying the means they use; but it is the purpose of God which is simple--his means are infinitely varied.

Appendix X

A democratic people is not only led by its own tastes to centralize its government, but the passions of all the men by whom it is governed constantly urge it in the same direction. It may easily be foreseen that almost all the able and ambitious members of a democratic community will labor without 2 ceasing to extend the powers of government, because they all hope at some time or other to wield those powers. It is a waste of time to attempt to prove to them that extreme centralization may be injurious to the State, since they are centralizing for their own benefit. Amongst the public men of democracies there are hardly any but men of great disinterestedness or extreme mediocrity who seek to oppose the centralization of government: the former are scarce, the latter powerless.

Appendix Y

I have often asked myself what would happen if, amidst the relaxation of democratic manners, and as a consequence of the restless spirit of the army, a military government were ever to be founded amongst any of the nations of the present age. I think that even such a government would not differ very much from the outline I have drawn in the chapter to which this note belongs, and that it would retain none of the fierce characteristics of a military oligarchy. I am persuaded that, in such a case, a sort of fusion would take place between the habits of official men and those of the military service. The administration would assume something of a military character, and the army some of the usages of the civil administration. The result would be a regular, clear, exact, and absolute system of government; the people would become the reflection of the army, and the community be drilled like a garrison.

Appendix Z

It cannot be absolutely or generally affirmed that the greatest danger of the present age is license or tyranny, anarchy or despotism. Both are equally to be feared; and the one may as easily proceed as the other from the selfsame cause, namely, that "general apathy," which is the consequence of what I have termed "individualism": it is because this apathy exists, that the executive government, having mustered a few troops, is able to commit acts of oppression one day, and the next day a party, which has mustered some thirty men in its ranks, can also commit acts of oppression. Neither one nor the other can found anything to last; and the causes which enable them to succeed easily, prevent them from succeeding long: they rise because nothing opposes them, and they sink because nothing supports them. The proper object therefore of our most strenuous resistance, is far less either anarchy or despotism than the apathy which may almost indifferently beget either the one or the other.

Constitution Of The United States Of America

We The People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America:

Article I

Section 1. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

Section 2. The House of Representatives shall be composed of Members of chosen every second Year by the People of the several States, and the Electors in each States shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.

No Person shall be a Representative who shall not have attained to the Age of twenty-five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.

Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to service for a Term of Years, and excluding Indians not taxed, three-fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to choose three, Massachusetts, eight, Rhode-Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.

When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.

The House of Representatives shall choose their Speaker and other Officers; and shall have the sole Power of Impeachment. Section 3. The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote.

Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the expiration of the fourth Year, and of the third Class at the expiration of the sixth Year, so that one-third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.

No person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.

The Vice-President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided. The Senate shall choose their other Officers, and also a President pro tempore, in the Absence of the Vice-President, or when he shall exercise the Office of President of the United States.

The Senate shall have the sole power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two-thirds of the Members present. Judgment in cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of Honor, Trust, or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment, and Punishment according to Law.

Section 4. The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of choosing Senators.

The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day.

Section 5. Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of Absent Members, in such Manner, and under such Penalties as each House may provide.

Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with a Concurrence of two-thirds, expel a Member.

Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one-fifth of those present, be entered on the Journal.

Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.

Section 6. The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony, and Breach of the Peace, be privileged from Arrest during their attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.

No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been increased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.

Section 7. All Bills for Raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.

Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; if he approve he shall sign it, but if not he shall return it, with his Objections, to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two-thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two-thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.

Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two-thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the case of a Bill.

Section 8. The Congress shall have Power to lay and collect Taxes, Duties, Imposts, and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

To borrow Money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

To establish an Uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States; To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

To establish Post Offices and Post Roads;

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

To constitute Tribunals inferior to the Supreme Court; To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces.

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions.

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of

## particular States, and the Acceptance of Congress become the Seat of the

Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, Dock-Yards, and other needful Buildings;--And To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Section 9. The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

No Bill of Attainder or ex post facto Law shall be passed. No Capitation, or other direct Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.

No Tax or Duty shall be laid on Articles exported from any State.

No preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.

No Money shall be drawn from the Treasury, but in consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.

No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title of any kind whatever, from any King, Prince, or foreign State.

Section 10. No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque or Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing its inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports shall be for the Use of the Treasury of the United States; and all such laws shall be subject to the Revision and Control of the Congress.

No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

Article II

Section 1. The Executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice-President, chosen for the same Term, be elected as follows:

Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

[The Electors shall meet in their respective States, and vote by Ballot for two persons, of whom one at least shall not be an inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal number of Votes, then the House of Representatives shall immediately choose by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner choose the President. But in choosing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this Purpose shall consist of a Member or Members from two-thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest number of Votes of the Electors shall be the Vice-President. But if there should remain two or more who have equal Votes, the Senate shall choose from them by Ballot the Vice-President.]*d

[Footnote *d: This clause is superseded by Article XII, Amendments. See page 396.]

The Congress may determine the Time of choosing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States.

In case of the Removal of the President from Office, or of his Death, Resignation or Inability to discharge the Powers and Duties of the said Office, the same shall devolve on the Vice-president, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice-President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.

The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that period any other Emolument from the United States, or any of them.

Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:--"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect, and defend the Constitution of the United States."

Section 2. The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

The President shall have Power to fill up all vacancies that may happen during the recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

Section 3. He shall from time to time give to the Congress Information of the state of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other Public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

Section 4. The President, Vice-President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other High Crimes and Misdemeanors.

Article III

Section 1. The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the Supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

Section 2. The judicial Power shall extend to all cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all cases of Admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party;--to Controversies between two or more States;--between a State and Citizens of another State; between Citizens of different States,--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the Supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the Supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions and under such Regulations as the Congress shall make.

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

Section 3. Treason against the United States shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

The Congress shall have power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood or Forfeiture except during the life of the person attainted.

Article IV

Section 1. Full Faith and Credit shall be given in each State to the Public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

Section 2. The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States. A person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.

No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.

Section 3. New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.

The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any

## particular State.

Section 4. The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

Article V

The Congress, whenever two-thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two-thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three-fourths of the several States, or by Conventions in three-fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

Article VI

All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the contrary notwithstanding.

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation to support this Constitution; but no religious test shall ever be required as a Qualification to any Office or public Trust under the United States.

Article VII

The Ratification of the Conventions of nine States shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.

Done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of Our Lord One thousand seven hundred and eighty-seven and of the Independence of the United States of America the Twelfth. In witness whereof We have hereunto subscribed our Names,

Geo. Washington Presidt. and deputy from Virginia.

New Hampshire John Langdon Nicholas Gilman

Massachusetts Nathaniel Gorham Rufus King

Connecticut Wm. Saml. Johnson Roger Sherman

New York Alexander Hamilton

New Jersey Wil. Livingston. David Brearley. Wm. Paterson. Jona. Dayton

Pennsylvania B Franklin Thomas Mifflin Robt. Morris. Geo. Clymer Thos. Fitzsimons Jared Ingersoll James Wilson Gouv. Morris

Delaware Geo. Read Gunning Bedford Jun John Dickinson Richard Bassett Jaco. Broom

Maryland James McHenry Dan of St Thos. Jenifer Danl. Carroll

Virginia John Blair-- James Madison Jr.

North Carolina Wm. Blount Richd. Dobbs Spaight Hu. Williamson

South Carolina J. Rutledge Charles Cotesworth Pinckney Charles Pinckney Peirce Butler.

Georgia William Few Abr. Baldwin

Attest. William Jackson, Secretary

The Word 'the,' being interlined between the seventh and eighth Lines of the first Page, The word 'Thirty' being partly written on an Erasure in the fifteenth Line of the first Page, The Words 'is tried' being interlined between the thirty-second and thirty-third Lines of the first Page, and the Word 'the' being interlined between the forty-third and forty-fourth Lines of the second page.

[Note by the Department of State.--The foregoing explanation in the original instrument is placed on the left of the paragraph beginning with the words, 'Done in Convention,' and therefore precedes the signatures. The interlined and rewritten words, mentioned in it, are in this edition printed in their proper places in the text.]

Bill Of Rights

In addition to, and amendment of, the Constitution of the United States of America, proposed by Congress and ratified by the Legislatures of the several States, pursuant to the Fifth Article of the original Constitution

Article I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Article II

A well regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.

Article III

No Soldier shall in time of peace be quartered in any house without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Article IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or Affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Article V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any Criminal Case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Article VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favour, and to have the Assistance of Counsel for his defence.

Article VII

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Article VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Article IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Article X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Article XI

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

Article XII

The electors shall meet in their respective States, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same State with themselves; they shall name in their ballots the person voted for as President; and in distinct ballots the person voted for as Vice-President; and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;--The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;--The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by States, the representation from each State having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President. The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such a number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

Article XIII

Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Section 2. Congress shall have power to enforce this article by appropriate legislation.

Article XIV

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

Article XV

Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, colour, or previous condition of servitude.

Section 2. The Congress shall have power to enforce this article by appropriate legislation.