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Studies in history and jurisprudence, volume 1 (of 2)

VI THE UNITED STATES CONSTITUTION AS SEEN IN THE PAST (continued 2)

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The Republic came scatheless out of a terrible civil war, and although the laurels of the general who concluded that war twice secured for him the Presidency, they did not make his influence dangerous to freedom. There is indeed no great capital, but there are cities greater than most European capitals, and the Republic has not been imperilled by their growth. The influence of the clergy on public affairs has declined: whether or no that of religion has also been weakened it is more difficult to say. But all Americans are still agreed that religion gains by its entire detachment from the State.

The negro problem remains, but it has passed into a new and for the moment less threatening phase. Neither Tocqueville nor any one else then living could have foreseen that manumission would come as a war measure, and be followed by the grant of political rights. It is no impeachment of his judgement that he omitted to contemplate a state of things in which the 424blacks have been made politically the equals of the whites, while inferior in most other respects, and destined, apparently, to remain wholly separate from them. He was right in perceiving that fusion was not possible, and that liberation would not solve the problem, because it would not make the liberated fit for citizenship. Fit—that is to say, as fit as a considerable part of the white population—they will probably in the long run become, but even then the social problem will remain. His remark that the repulsion between the races in the South would probably be greater under freedom than under slavery has so far been strikingly verified by the result.

All the forces that made for the maintenance of the Federal Union are now stronger than they were then, while the chief force that opposed it, viz. the difference of character and habits between North and South, largely produced by the existence of slavery, tends to vanish. Nor does the growth of the Union make the retention of its parts in one body more difficult. On the contrary, the United States is a smaller country now when it stretches from the Bay of Fundy to the Gulf of California, with its seventy-six millions of people, than it was then with its thirteen millions, just as the civilized world was larger in the time of Herodotus than it is now, for it took twice as many months to travel from Persepolis or the Caspian Sea to the Pillars of Hercules as it does now to circumnavigate the globe, one was obliged to use a greater number of languages, and the journey was incomparably more dangerous. Before steamboats plied on rivers, and trains ran on railways, three or four weeks at least were consumed 425in reaching Missouri from Maine. Now one goes in six days of easy travelling right across the continent.

Nor has the increased number of States bred more dissensions. The forty-five States of to-day are not as Tocqueville assumes, and this is the error which vitiates his reasonings, forty-five nations. The differences in their size and wealth have become greater, but they work more harmoniously together than ever heretofore, because neither the lines which divide parties nor the substantial issues which affect men’s minds coincide with State boundaries. The Western States are now, so far as population goes, the dominant section of the Union, and become daily more so. But their interests link them more closely than ever to the North Atlantic States, through which their products pass to Europe, and the notion once entertained of moving the capital from Washington to the Mississippi valley has been quietly dropped.

VIII. Concluding Summary.

Before bidding farewell to our philosopher, let us summarize his conclusions.

He sees in the United States by far the most successful and durable form of democratic government that has yet appeared in the world.

Its merits are the unequalled measure of freedom, freedom of action, but not of thought, which it secures to the ordinary citizen, the material and social benefits it confers on him, the stimulus it gives to all his practical faculties.

These benefits are likely to be permanent, for they rest upon the assured permanence of

426Social equality;

Local self-government;

Republican institutions;

Widely diffused education.

It is true that these benefits would not have been attained so quickly nor in such ample measure but for the extraordinary natural advantages of the New World. Nevertheless, these natural advantages are but subsidiary causes. The character of the people, trained to freedom by experience and by religion, is the chief cause, their institutions the second, their material conditions only the third; for what have the Spaniards made of like conditions in Central and South America[188]?

Nevertheless, the horizon is not free from clouds.

What are these clouds?

Besides slavery and the existence of a vast negro population they are—

The conceit and ignorance of the masses, perpetually flattered by their leaders, and therefore slow to correct their faults.

The withdrawal from politics of the rich, and inferior tone of ‘the governors,’ i.e. the politicians.

The tyranny of the majority, which enslaves not only the legislatures, but individual thought and speech, checking literary progress, and preventing the emergence of great men.

The concentration of power in the legislatures (Federal and State), which weakens the Executive, and makes all laws unstable.

427The probable dissolution of the Federal Union, either by the secession of recalcitrant States or by the slow decline of Federal authority.

There is therefore warning for France in the example of America. But there is also encouragement—and the encouragement is greater than the warning.

Of the clouds which Tocqueville saw, one rose till it covered the whole sky, broke in a thunderstorm, and disappeared. Others have silently melted into the blue. Some still hang on the horizon, darkening parts of the landscape.

Let us cast one glance back at the course which events have actually taken as compared with that which Hamilton first, and Tocqueville afterwards, expected.

The Republic fared far otherwise than as Hamilton and his friends either hoped or feared. In this there is nothing to impeach their wisdom. They saw the dangers of their own time, and like wise and patriotic men provided the best remedies which existing conditions permitted. Some dangers they overcame so completely, particularly the financial misdoings of State legislatures, that these have now passed out of memory. They could not foresee what the power of money would become, because there was then little money in the country. They could not foresee the astonishing development of party machinery, because it is a perfectly new thing in the history of the world: and human imagination never does more, at any rate in the field of politics and sociology, than body forth things a little bigger than, or in some other wise a little varying from, what they have been before. It cannot create something out of nothing. Least of all could they divine what the results 428would be of the coexistence of the money power and the party machine. Nor did even Tocqueville, writing half a century later, when wealth had already appeared and the party machine was in places beginning to work, perceive what both had in store.

How would Tocqueville amend his criticisms were he surveying the phenomena of to-day?

He would add to his praise of the United States that its people re-established their government on firm foundations after a frightful civil war, that their army went back to its peaceful occupations, that they paid off their debt, that they have continued to secure a free field for an unparalleled industrial development and to maintain a hitherto unattained standard of comfort, that the level of knowledge and intellectual culture has risen enormously. He would admit that he had overrated the dangers to be feared from a tyrannical majority and had underrated the strength of the Union. But he would stand aghast, as indeed all the best citizens in the United States do now, at the mismanagement and corruption of city governments. He would perceive that the party organizations have now become the controlling force in the country, more important than the Legislature or the Executive. He would recognize the evils incident to the habit of regarding public office as a means of private advantage to its holder and the bestowal of it as a reward for party services. And he would, while gladly owning that the older forms of faction had ceased to be alarming, note a new development which the spirit of faction has taken in the tendency to look at and deal with both legislation and foreign affairs from the point of view of party advantage. Want 429of foresight or insight in those who direct the affairs of a mighty nation is at all times a misfortune: but when foresight and insight are set aside for the sake of some transitory party gain, the results may be even more serious.

This, however, is a tendency inherent in all schemes of government by party. It is familiar and formidable in European countries also.

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