SHOULD imperfectly fulfil the purpose of this book, if, 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.



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 it's 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.



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. 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.

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 float 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. 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.

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.



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 tranquillity. 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.



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 off 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. 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.

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. 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.

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 in any 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.

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 on 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. 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.

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 night 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. Manufactures 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.



I HAD remarked during my stay in the United States, that 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 flee 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 ii' ore 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, 1 have no fear that they will meet with tyrants in their rulers, but rather guardians. 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.

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 float 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 network 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. 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.



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 in dependence 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 flee 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 to 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 are 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.



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 oiler'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.



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.



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 flowers 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.



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 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 Encyclopedia.



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.



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 claus:—

"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 flee 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.



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 verb 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 flee 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." 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."

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 £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 flee 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.



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."

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 the 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.



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 £3 or a capital of £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 £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.



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.



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 Philippe-le-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:—

". . . 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.



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?



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 vetustissinza; si dignitatern, est honoratissinta; 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."



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. i); 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. 1, 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 AFT (Art. 6); Pennsylvania (Art. 4), crimes committed in the non-performance of official duties. In the States of Illinois, Georgia, 5 Maine, and Connecticut, no particular offences are specified.



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 man time 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.



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 thin manoeuvre was supported by public opinion.



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 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."



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.



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 tonight, 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 teapot of British ware, silver spoons, cracked teacups, 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 spite 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."



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.



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 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.



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.



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.



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 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.



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.



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.

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THE FEDERALIST PAPERS

Table Of Contents
NUMBER 1
NUMBER 2
NUMBER 3
NUMBER 4
NUMBER 5
NUMBER 6
NUMBER 7
NUMBER 8
NUMBER 9
NUMBER 10
NUMBER 11
NUMBER 12
NUMBER 13
NUMBER 14
NUMBER 15
NUMBER 16
NUMBER 17
NUMBER 18
NUMBER 19
NUMBER 20
NUMBER 21
NUMBER 22
NUMBER 23
NUMBER 24
NUMBER 25
NUMBER 26
NUMBER 27
NUMBER 28
NUMBER 29
NUMBER 30
NUMBER 31
NUMBER 32
NUMBER 33
NUMBER 34
NUMBER 35
NUMBER 36
NUMBER 37
NUMBER 38
NUMBER 39
NUMBER 40
NUMBER 41
NUMBER 42
NUMBER 43
NUMBER 44
NUMBER 45
NUMBER 46
NUMBER 47
NUMBER 48
NUMBER 49
NUMBER 50
NUMBER 51
NUMBER 52
NUMBER 53
NUMBER 54
NUMBER 55
NUMBER 56
NUMBER 57
NUMBER 58
NUMBER 59
NUMBER 60
NUMBER 61
NUMBER 62
NUMBER 63
NUMBER 64
NUMBER 65
NUMBER 66
NUMBER 67
NUMBER 68
NUMBER 69
NUMBER 70
NUMBER 71
NUMBER 72
NUMBER 73
NUMBER 74
NUMBER 75
NUMBER 76
NUMBER 77
NUMBER 78
NUMBER 79
NUMBER 80
NUMBER 81
NUMBER 82
NUMBER 83
NUMBER 84
NUMBER 85

THE FEDERALIST PAPERS

THE FEDERALIST
A COLLECTION OF ESSAYS, WRITTEN IN FAVOUR OF THE
NEW CONSTITUTION,
AS AGREED UPON BY THE FEDERAL CONVENTION,
SEPTEMBER 17, 1787.
[By James Madison, Alexander Hamilton, and John Jay]

Preface

PREFACE TO THE 1788 EDITION

The Federalist Papers, Preface, p.85
It is supposed that a collection of the papers which have made their appearance in the Gazettes of this City, under the Title of the FEDERALIST, may not be without effect in assisting the public judgement on the momentous question of the Constitution for the United States, now under the consideration of the people of America. A desire to throw full light upon so interesting a subject has led, in a great measure unavoidably, to a more copious discussion than was at first intended. And the undertaking not being yet completed, it is judged adviseable to divide the collection into two volumes, of which the ensuing Numbers constitute the first. The Second Volume will follow as speedily as the Editor can get it ready for publication.

The Federalist Papers, Preface, p.85
The particular circumstances under which these papers have been written have rendered it impracticable to avoid violations of method and repetitions of ideas which cannot but displease a critical reader. The latter defect has even been intentionally indulged, in order the better to impress particular arguments which were most material to the general scope of the reasoning. Respect for public opinion, not anxiety for the literary character of the performance, dictates this remark. The great wish is, that it may promote the cause of truth, and lead to a right judgment of the true interests of the community.

New York, March 17, 1788

Number 1: Introduction

INTRODUCTION

[Alexander Hamilton]

AFTER an unequivocal experience of the inefficacy of the subsisting federal government, you are called upon to deliberate on a new Constitution for the United States of America. The subject speaks its own importance; comprehending in its consequences nothing less than the existence of the UNION the safety and welfare of the parts of which it is composed, the fate of an empire in many respects the most interesting in the world. It has been frequently remarked that it seems to have been reserved to the people of this country, by their conduct and example, to decide the important question, whether societies of men are really capable or not of establishing good government from reflection and choice, or whether they are forever destined to depend for their political constitutions on accident and force. If there be any truth in the remark, the crisis at which we are arrived may with propriety be regarded as the era in which that decision is to be made; and a wrong election of the part we shall act may, in this view, deserve to be considered as the general misfortune of mankind.

This idea will add the inducements of philanthropy to those of patriotism, to heighten the solicitude which all considerate and good men must feel for the event. Happy will it be if our choice should be directed by a judicious estimate of our true interests, unperplexed and unbiased by considerations not connected with the public good. But this is a thing more ardently to be wished than seriously to be expected. The plan offered to our deliberations affects too many particular interests, innovates upon too many local institutions, not to involve in its discussion a variety of objects foreign to its merits, and of views, passions, and prejudices little favorable to the discovery of truth.

Among the most formidable of the obstacles which the new Constitution will have to encounter may readily be distinguished the obvious interest of a certain class of men in every State to resist all changes which may hazard a diminution of the power, emolument, and consequence of the choices they hold under the State establishments; and the perverted ambition of another class of men, who will either hope to aggrandize themselves by the confusions of their country, or will flatter themselves with fairer prospects of elevation from the subdivision of the empire into several partial confederacies than from its union under one government.

It is not, however, my design to dwell upon observations of this nature. I am well aware that it would be disingenuous to resolve indiscriminately the opposition of any set of men (merely because their situations might subject them to suspicion) into interested or ambitious views. Candor will oblige us to admit that even such men may be actuated by upright intentions; and it cannot be doubted that much of the opposition which has made its appearance, or may hereafter make its appearance, will spring from sources, blameless at least if not respectable the honest errors of minds led astray by preconceived jealousies and fears. So numerous indeed and so powerful are the causes which serve to give a false bias to the judgment, that we, upon many occasions, see wise and good men on the wrong as well as on the right side of questions of the first magnitude to society. This circumstance, if duly attended to, would furnish a lesson of moderation to those who are ever so thoroughly persuaded of their being in the right in any controversy. And a further reason for caution, in this respect, might be drawn from the reflection that we are not always sure that those who advocate the truth are influenced by purer principles than their antagonists. Ambition, avarice, personal animosity, party opposition, and many other motives not more laudable than these, are apt to operate as well upon those who support as those who oppose the right side of a question. Were there not even these inducements to moderation, nothing could be more ill-judged than that intolerant spirit which has at all times characterized political parties. For in politics, as in religion, it is equally absurd to aim at making proselytes by fire and sword. Heresies in either can rarely be cured by persecution.

And yet, however just these sentiments will be allowed to be, we have already sufficient indications that it will happen in this as in all former cases of great national discussion. A torrent of angry and malignant passions will be let loose. To judge from the conduct of the opposite parties, we shall be led to conclude that they will mutually hope to evince the justness of their opinions, and to increase the number of their converts by the loudness of their declamations and by the bitterness of their invectives. An enlightened zeal for the energy and efficiency of government will be stigmatized as the offspring of a temper fond of despotic power and hostile to the principles of liberty. An over-scrupulous jealousy of danger to the rights of the people, which is more commonly the fault of the head than of the heart, will be represented as mere pretense and artifice, the stale bait for popularity at the expense of public good. It will be forgotten, on the one hand, that jealousy is the usual concomitant of violent love, and that the noble enthusiasm of liberty is too apt to be infected with a spirit of narrow and illiberal distrust. On the other hand, it will be equally forgotten that the vigor of government is essential to the security of liberty; that, in the contemplation of a sound and well-informed judgment, their interests can never be separated; and that a dangerous ambition more often lurks behind the specious mask of zeal for the rights of the people than under the forbidding appearance of zeal for the firmness and efficiency of government. History will teach us that the former has been found a much more certain road to the introduction of despotism than the latter, and that of those men who have overturned the liberties of republics, the greatest number have begun their career by paying an obsequious court to the people, commencing demagogues and ending tyrants.

In the course of the preceding observations, I have had an eye, my fellow-citizens, to putting you upon your guard against all attempts, from whatever quarter, to influence your decision in a matter of the utmost moment to your welfare by any impressions other than those which may result from the evidence of truth. You will, no doubt, at the same time have collected from the general scope of them that they proceed from a source not unfriendly to the new Constitution. Yes, my countrymen, I own to you that after having given it an attentive consideration, I am clearly of opinion it is your interest to adopt it. I am convinced that this is the safest course for your liberty, your dignity, and your happiness. I affect not reserves which I do not feel. I will not amuse you with an appearance of deliberation when I have decided. I frankly acknowledge to you my convictions, and I will freely lay before you the reasons on which they are founded. The consciousness of good intentions disdains ambiguity. I shall not, however, multiply professions on this head. My motives must remain in the depository of my own breast. My arguments will be open to all and may be judged of by all. They shall at least be offered in a spirit which will not disgrace the cause of truth.

I propose, in a series of papers, to discuss the following interesting particulars:—The utility of the UNION to your political prosperity—The insufficiency of the present Confederation to preserve that Union—The necessity of a government at least equally energetic with the one proposed, to the attainment of this object—The conformity of the proposed Constitution to the true principles of republican government—Its analogy to your own State constitution—and lastly, The additional security which its adoption will afford the preservation of that species of government, to liberty, and to property.

In the progress of this discussion I shall endeavor to give a satisfactory answer to all the objections which shall have made their appearance, that may seem to have any claim to your attention.

It may perhaps be thought superfluous to offer arguments to prove the utility of the UNION, a point, no doubt, deeply engraved on the hearts of the great body of the people in every State, and one which, it may be imagined, has no adversaries, But the fact is that we already hear it whispered in the private circles of those who oppose the new Constitution, that the thirteen States are of too great extent for any general system, and that we must of necessity resort to separate confederacies of distinct portions of the whole. 1 This doctrine will, in all probability, be gradually propagated, till it has votaries enough to countenance an open avowal of it. For nothing can be more evident to those who are able to take an enlarged view of the subject than the alternative of an adoption of the new Constitution or a dismemberment of the Union. It will therefore be of use to begin by examining the advantages of that Union, the certain evils, and the probable dangers, to which every State will be exposed from its dissolution. This shall accordingly constitute the subject of my next address.

PUBLIUS [Hamilton]

Number 2: Concerning Dangers from Foreign Force and Influence

CONCERNING DANGERS FROM
FOREIGN FORCE AND INFLUENCE

[John Jay]

WHEN the people of America reflect that they are now called upon to decide a question, which in its consequences must prove one of the most important that ever engaged their attention, the propriety of their taking a very comprehensive, as well as a very serious, view of it will be evident.

Nothing is more certain than the indispensable necessity of government; and it is equally undeniable that whenever and however it is instituted, the people must cede to it some of their natural rights, in order to vest it with requisite powers. It is well worthy of consideration, therefore, whether it would conduce more to the interest of the people of America that they should, to all general purposes, be one nation, under one federal government, than that they should divide themselves into separate confederacies and give to the head of each the same kind of powers which they are advised to place in one national government.

It has until lately been a received and uncontradicted opinion that the prosperity of the people of America depended on their continuing firmly united, and the wishes, prayers, and efforts of our best and wisest citizens have been constantly directed to that object. But politicians now appear who insist that this opinion is erroneous, and that instead of looking for safety and happiness in union, we ought to seek it in a division of the States into distinct confederacies or sovereignties. However extraordinary this new doctrine may appear, it nevertheless has its advocates; and certain characters who were much opposed to it formerly are at present of the number. Whatever may be the arguments or inducements which have wrought this change in the sentiments and declarations of these gentlemen, it certainly would not be wise in the people at large to adopt these new political tenets without being fully convinced that they are founded in truth and sound policy.

It has often given me pleasure to observe that independent America was not composed of detached and distant territories, but that one connected, fertile, widespreading country was the portion of our western sons of liberty. Providence has in a particular manner blessed it with a variety of soils and productions and watered it with innumerable streams for the delight and accommodation of its inhabitants. A succession of navigable waters forms a kind of chain round its borders, as if to bind it together; while the most noble rivers in the world, running at convenient distances, present them with highways for the easy communication of friendly aids and the mutual transportation and exchange of their various commodities.

With equal pleasure I have as often taken notice that Providence has been pleased to give this one connected country to one united people—a people descended from the same ancestors, speaking the same language, professing the same religion, attached to the same principles of government, very similar in their manners and customs, and who, by their joint counsels, arms, and efforts, fighting side by side throughout a long and bloody war, have nobly established their general liberty and independence.

This country and this people seem to have been made for each other, and it appears as if it was the design of Providence that an inheritance so proper and convenient for a band of brethren, united to each other by the strongest ties, should never be split into a number of unsocial, jealous, and alien sovereignties.

Similar sentiments have hitherto prevailed among all orders and denominations of men among us. To all general purposes we have uniformly been one people; each individual citizen everywhere enjoying the same national rights, privileges, and protection. As a nation we have made peace and war; as a nation we have vanquished our common enemies; as a nation we have formed alliances, and made treaties, and entered into various compacts and conventions with foreign states.

A strong sense of the value and blessings of union induced the people, at a very early period, to institute a federal government to preserve and perpetuate it. They formed it almost as soon as they had a political existence; nay, at a time when their habitations were in flames, when many of their citizens were bleeding, and when the progress of hostility and desolation left little room for those calm and mature inquiries and reflections which must ever precede the formation of a wise and well-balanced government for a free people. It is not to be wondered at that a government instituted in times so inauspicious should on experiment be found greatly deficient and inadequate to the purpose it was intended to answer.

This intelligent people perceived and regretted these defects. Still continuing no less attached to union than enamored of liberty, they observed the danger which immediately threatened the former and more remotely the latter; and being persuaded that ample security for both could only be found in a national government more wisely framed, they, as with one voice, convened the late convention at Philadelphia to take that important subject under consideration.

This convention, composed of men who possessed the confidence of the people, and many of whom had become highly distinguished by their patriotism, virtue, and wisdom, in times which tried the minds and hearts of men, undertook the arduous task. In the mild season of peace, with minds unoccupied by other subjects, they passed many months in cool, uninterrupted, and daily consultation; and finally, without having been awed by power, or influenced by any passions except love for their country, they presented and recommended to the people the plan produced by their joint and very unanimous councils.

Admit, for so is the fact, that this plan is only recommended, not imposed, yet let it be remembered that it is neither recommended to blind approbation, nor to blind reprobation; but to that sedate and candid consideration which the magnitude and importance of the subject demand, and which it certainly ought to receive. But, as has been already remarked, it is more to be wished than expected that it may be so considered and examined. Experience on a former occasion teaches us not to be too sanguine in such hopes. It is not yet forgotten that well-grounded apprehensions of imminent danger induced the people of America to form the memorable Congress of 1774. That body recommended certain measures to their constituents, and the event proved their wisdom; yet it is fresh in our memories how soon the press began to teem with pamphlets and weekly papers against those very measures. Not only many of the officers of government, who obeyed the dictates of personal interest, but others, from a mistaken estimate of consequences, from the undue influence of ancient attachments or whose ambition aimed at objects which did not correspond with the public good, were indefatigable in their endeavors to persuade the people to reject the advice of that patriotic Congress. Many, indeed, were deceived and deluded, but the great majority of the people reasoned and decided judiciously; and happy they are in reflecting that they did so.

They considered that the Congress was composed of many wise and experienced men. That, being convened from different parts of the country, they brought with them and communicated to each other a variety of useful information. That, in the course of the time they passed together in inquiring into and discussing the true interests of their country, they must have acquired very accurate knowledge on that head. That they were individually interested in the public liberty and prosperity, and therefore that it was not less their inclination than their duty to recommend only such measures as, after the most mature deliberation, they really thought prudent and advisable.

These and similar considerations then induced the people to rely greatly on the judgment and integrity of the Congress; and they took their advice notwithstanding the various arts and endeavors used to deter, and dissuade them from it. But if the people at large had reason to confide in the men of that Congress, few of whom had been fully tried or generally known, still greater reason have they now to respect the judgment and advice of the convention, for it is well known that some of the most distinguished members of that Congress, who have been since tried and justly approved for patriotism and abilities, and who have grown old in acquiring political information, were also members of this convention, and carried into it their accumulated knowledge and experience.

It is worthy of remark that not only the first, but every succeeding Congress, as well as the late convention, have invariably joined with the people in thinking that the prosperity of America depended on its Union. To preserve and perpetuate it was the great object of the people in forming that convention, and it is also the great object of the plan which the convention has advised them to adopt. With what propriety, therefore, or for what good purposes, are attempts at this particular period made by some men to depreciate the importance of the Union? Or why is it suggested that three or four confederacies would be better than one? I am persuaded in my own mind that the people have always thought right on this subject, and that their universal and uniform attachment to the cause of the Union rests on great and weighty reasons, which I shall endeavor to develop and explain in some ensuing papers. They who promote the idea of substituting a number of distinct confederacies in the room of the plan of the convention seem clearly to foresee that the rejection of it would put the continuance of the Union in the utmost jeopardy. That certainly would be the case, and I sincerely wish that it may be as clearly foreseen by every good citizen that whenever the dissolution of the Union arrives, America will have reason to exclaim, in the words of the poet:

  FAREWELL! A LONG FAREWELL TO ALL MY GREATNESS. 2

PUBLIUS [Jay]

Number 3: The Same Subject Continued (Dangers from Foreign Force and Influence)

THE SAME SUBJECT CONTINUED

[John Jay]

IT IS not a new observation that the people of any country (if, like the Americans, intelligent and well-informed) seldom adopt and steadily persevere for many years in an erroneous opinion respecting their interests. That consideration naturally tends to create great respect for the high opinion which the people of America have so long and uniformly entertained of the importance of their continuing firmly united under one federal government, vested with sufficient powers for all general and national purposes.

The more attentively I consider and investigate the reasons which appear to have given birth to this opinion, the more I become convinced that they are cogent and conclusive.

Among the many objects to which a wise and free people find it necessary to direct their attention, that of providing for their safety seems to be the first. The safety of the people doubtless has relation to a great variety of circumstances and considerations, and consequently affords great latitude to those who wish to define it precisely and comprehensively.

At present I mean only to consider it as it respects security for the preservation of peace and tranquillity, as well as against dangers from foreign arms and influence, as from dangers of the like kind arising from domestic causes. As the former of these comes first in order, it is proper it should be the first discussed. Let us therefore proceed to examine whether the people are not right in their opinion that a cordial Union, under an efficient national government, affords them the best security that can be devised against hostilities from abroad.

The number of wars which have happened or will happen in the world will always be found to be in proportion to the number and weight of the causes, whether real or pretended, which provoke or invite them. If this remark be just, it becomes useful to inquire whether so many just causes of war are likely to be given by united America as by disunited America; for if it should turn out that united America will probably give the fewest, then it will follow that in this respect the Union tends most to preserve the people in a state of peace with other nations.

The just causes of war, for the most part, arise either from violations of treaties or from direct violence. America has already formed treaties with no less than six foreign nations, and all of them, except Prussia, are maritime, and therefore able to annoy and injure us. She has also extensive commerce with Portugal, Spain, and Britain, and, with respect to the two latter, has, in addition, the circumstance of neighborhood to attend to.

It is of high importance to the peace of America that she observe the laws of nations towards all these powers, and to me it appears evident that this will be more perfectly and punctually done by one national government than it could be either by thirteen separate States or by three or four distinct confederacies. For this opinion various reasons may be assigned.

When once an efficient national government is established, the best men in the country will not only consent to serve, but also will generally be appointed to manage it; for, although town or country, or other contracted influence, may place men in State assemblies, or senates, or courts of justice, or executive departments, yet more general and extensive reputation for talents and other qualifications will be necessary to recommend men to offices under the national government—especially as it will have the widest field for choice, and never experience that want of proper persons which is not uncommon in some of the States. Hence, it will result that the administration, the political counsels, and the judicial decisions of the national government will be more wise, systematical, and judicious than those of individual States, and consequently more satisfactory with respect to other nations, as well as more safe with respect to us.

Under the national government, treaties and articles of treaties, as well as the laws of nations, will always be expounded in one sense and executed in the same manner—whereas adjudications on the same points and questions in thirteen States, or in three or four confederacies, will not always accord or be consistent; and that, as well from the variety of independent courts and judges appointed by different and independent governments as from the different local laws and interests which may affect and influence them. The wisdom of the convention in committing such questions to the jurisdiction and judgment of courts appointed by and responsible only to one national government cannot be too much commended.

The prospect of present loss or advantage may often tempt the governing party in one or two States to swerve from good faith and justice; but those temptations, not reaching the other States, and consequently having little or no influence on the national government, the temptation will be fruitless, and good faith and justice be preserved. The case of the treaty of peace with Britain adds great weight to this reasoning.

If even the governing party in a State should be disposed to resist such temptations, yet, as such temptations may, and commonly do, result from circumstances peculiar to the State, and may affect a great number of the inhabitants, the governing party may not always be able, if willing, to prevent the injustice meditated, or to punish the aggressors. But the national government, not being affected by those local circumstances, will neither be induced to commit the wrong themselves, nor want power or inclination to prevent or punish its commission by others.

So far, therefore, as either designed or accidental violations of treaties and of the laws of nations afford just causes of war, they are less to be apprehended under one general government than under several lesser ones, and in that respect the former most favors the safety of the people.

As to those just causes of war which proceed from direct and unlawful violence, it appears equally clear to me that one good national government affords vastly more security against dangers of that sort than can be derived from any other quarter.

Such violences are more frequently occasioned by the passions and interests of a part than of the whole, of one or two States than of the Union. Not a single Indian war has yet been produced by aggressions of the present federal government, feeble as it is; but there are several instances of Indian hostilities having been provoked by the improper conduct of individual States, who, either unable or unwilling to restrain or punish offenses, have given occasion to the slaughter of many innocent inhabitants.

The neighborhood of Spanish and British territories, bordering on some States and not on others, naturally confines the causes of quarrel more immediately to the borderers. The bordering States, if any, will be those who, under the impulse of sudden irritation, and a quick sense of apparent interest or injury, will be most likely, by direct violence, to excite war with those nations; and nothing can so effectually obviate that danger as a national government, whose wisdom and prudence will not be diminished by the passions which actuate the parties immediately interested.

But not only fewer just causes of war will be given by the national government, but it will also be more in their power to accommodate and settle them amicably. They will be more temperate and cool, and in that respect, as well as in others, will be more in capacity to act with circumspection than the offending State. The pride of states, as well as of men, naturally disposes them to justify all their actions, and opposes their acknowledging, correcting, or repairing their errors and offenses. The national government, in such cases, will not be affected by this pride, but will proceed with moderation and candor to consider and decide on the means most proper to extricate them from the difficulties which threaten them.

Besides, it is well known that acknowledgements, explanations, and compensations are often accepted as satisfactory from a strong united nation, which would be rejected as unsatisfactory if offered by a State or confederacy of little consideration or power.

In the year 1685, the state of Genoa having offended Louis XIV, endeavored to appease him. He demanded that they should send their Doge, or chief magistrate, accompanied by four of their senators, to France, to ask his pardon and receive his terms. They were obliged to submit to it for the sake of peace. Would he on any occasion either have demanded or have received the like humiliation from Spain, or Britain, or any other powerful nation?

PUBLIUS [Jay]

Number 4: The Same Subject Continued (Dangers from Foreign Force and Influence)

THE SAME SUBJECT CONTINUED

[John Jay]

MY LAST paper assigned several reasons why the safety of the people would be best secured by union against the danger it may be exposed to by just causes of war given to other nations; and those reasons show that such causes would not only be more rarely given, but would also be more easily accommodated by a national government than either by the State governments or the proposed little confederacies.

But the safety of the people of America against dangers from foreign force depends not only on their forbearing to give just causes of war to other nations, but also on their placing and continuing themselves in such a situation as not to invite hostility or insult; for it need not be observed that there are pretended as well as just causes of war.

It is too true, however disgraceful it may be to human nature, that nations in general will make war whenever they have a prospect of getting anything by it; nay, that absolute monarchs will often make war when their nations are to get nothing by it, but for purposes and objects merely personal, such as a thirst for military glory, revenge for personal affronts, ambition, or private compacts to aggrandize or support their particular families or partisans. These and a variety of other motives, which affect only the mind of the sovereign, often lead him to engage in wars not sanctified by justice or the voice and interests of his people. But, independent of these inducements to war, which are most prevalent in absolute monarchies, but which well deserve our attention, there are others which affect nations as often as kings; and some of them will on examination be found to grow out of our relative situation and circumstances.

With France and with Britain we are rivals in the fisheries, and can supply their markets cheaper than they can themselves, notwithstanding any efforts to prevent it by bounties on their own or duties on foreign fish.

With them and with most other European nations we are rivals in navigation and the carrying trade; and we shall deceive ourselves if we suppose that any of them will rejoice to see it flourish; for, as our carrying trade cannot increase without in some degree diminishing theirs, it is more their interest, and will be more their policy, to restrain than to promote it.

In the trade to China and India, we interfere with more than one nation, inasmuch as it enables us to partake in advantages which they had in a manner monopolized, and as we thereby supply ourselves with commodities which we used to purchase from them.

The extension of our own commerce in our own vessels cannot give pleasure to any nations who possess territories on or near this continent, because the cheapness and excellence of our productions, added to the circumstance of vicinity, and the enterprise and address of our merchants and navigators, will give us a greater share in the advantages which those territories afford than consists with the wishes or policy of their respective sovereigns.

Spain thinks it convenient to shut the Mississippi against us on the one side, and Britain excludes us from the Saint Lawrence on the other; nor will either of them permit the other waters which are between them and us to become the means of mutual intercourse and traffic.

From these and such like considerations, which might, if consistent with prudence, be more amplified and detailed, it is easy to see that jealousies and uneasiness may gradually slide into the minds and cabinets of other nations, and that we are not to expect that they should regard our advancement in union, in power and consequence by land and by sea, with an eye of indifference and composure.

The people of America are aware that inducements to war may arise out of these circumstances, as well as from others not so obvious at present, and that whenever such inducements may find fit time and opportunity for operation, pretenses to color and justify them will not be wanting. Wisely, therefore, do they consider union and a good national government as necessary to put and keep them in such a situation as, instead of inviting war, will tend to repress and discourage it. That situation consists in the best possible state of defense, and necessarily depends on the government, the arms, and the resources of the country.

As the safety of the whole is the interest of the whole, and cannot be provided for without government, either one or more or many, let us inquire whether one good government is not, relative to the object in question, more competent than any other given number whatever.

One government can collect and avail itself of the talents and experience of the ablest men, in whatever part of the Union they may be found. It can move on uniform principles of policy. It can harmonize, assimilate, and protect the several parts and members, and extend the benefit of its foresight and precautions to each. In the formation of treaties, it will regard the interest of the whole, and the particular interests of the parts as connected with that of the whole. It can apply the resources and power of the whole to the defense of any particular part, and that more easily and expeditiously than State governments or separate confederacies can possibly do, for want of concert and unity of system. It can place the militia under one plan of discipline, and, by putting their officers in a proper line of subordination to the Chief Magistrate, will, in a manner, consolidate them into one corps, and thereby render them more efficient than if divided into thirteen or into three or four distinct independent bodies.

What would the militia of Britain be if the English militia obeyed the government of England, if the Scotch militia obeyed the government of Scotland, and if the Welsh militia obeyed the government of Wales! Suppose an invasion; would those three governments (if they agreed at all) be able, with all their respective forces, to operate against the enemy so effectually as the single government of Great Britain would?

We have heard much of the fleets of Britain, and the time may come, if we are wise, when the fleets of America may engage attention. But if one national government had not so regulated the navigation of Britain as to make it a nursery for seamen—if one national government had not called forth all the national means and materials for forming fleets, their prowess and their thunder would never have been celebrated. Let England have its navigation and fleet—let Scotland have its navigation and fleet—let Wales have its navigation and fleet—let Ireland have its navigation and fleet—let those four of the constituent parts of the British Empire be under four independent governments, and it is easy to perceive how soon they would each dwindle into comparative insignificance.

Apply these facts to our own case. Leave America divided into thirteen or, if you please, into three or four independent governments—what armies could they raise and pay—what fleets could they ever hope to have? If one was attacked, would the others fly to its succor and spend their blood and money in its defense? Would there be no danger of their being flattered into neutrality by specious promises, or seduced by a too great fondness for peace to decline hazarding their tranquillity and present safety for the sake of neighbors, of whom perhaps they have been jealous, and whose importance they are content to see diminished. Although such conduct would not be wise, it would, nevertheless, be natural. The history of the states of Greece, and of other countries, abounds with such instances, and it is not improbable that what has so often happened would, under similar circumstances, happen again.

But admit that they might be willing to help the invaded State or confederacy. How, and when, and in what proportion shall aids of men and money be afforded? Who shall command the allied armies, and from which of them shall he receive his orders? Who shall settle the terms of peace, and in case of disputes what umpire shall decide between them and compel acquiescence? Various difficulties and inconveniences would be inseparable from such a situation; whereas one government, watching over the general and common interests and combining and directing the powers and resources of the whole, would be free from all these embarrassments and conduce far more to the safety of the people.

But whatever may be our situation, whether firmly united under one national government, or split into a number of confederacies, certain it is that foreign nations will know and view it exactly as it is; and they will act towards us accordingly. If they see that our national government is efficient and well administered, our trade prudently regulated, our militia properly organized and disciplined, our resources and finances discreetly managed, our credit re-established, our people free, contented, and united, they will be much more disposed to cultivate our friendship than provoke our resentment. If, on the other hand, they find us either destitute of an effectual government (each State doing right or wrong, as to its rulers may seem convenient), or split into three or four independent and probably discordant republics or confederacies, one inclining to Britain, another to France, and a third to Spain, and perhaps played off against each other by the three, what a poor, pitiful figure will America make in their eyes! How liable would she become not only to their contempt, but to their outrage; and how soon would dear-bought experience proclaim that when a people or family so divide, it never fails to be against themselves.

PUBLIUS [Jay]

Number 5: The Same Subject Continued (Dangers from Foreign Force and Influence)

THE SAME SUBJECT CONTINUED

[John Jay]

QUEEN Anne, in her letter of the 1st July, 1706, to the Scotch Parliament, makes some observations on the importance of the Union then forming between England and Scotland, which merit our attention. I shall present the public with one or two extracts from it: An entire and perfect union will be the solid foundation of lasting peace: It will secure your religion, liberty, and property; remove the animosities amongst yourselves, and the jealousies and differences betwixt our two kingdoms. It must increase your strength, riches, and trade; and by this union the whole island, being joined in affection and free from all apprehensions of different interests, will be enabled to resist all its enemies. We most earnestly recommend to you calmness and unanimity in this great and weighty affair, that the union may be brought to a happy conclusion, being the only effectual way to secure our present and future happiness, and disappoint the designs of our and your enemies, who will doubtless, on this occasion, use their utmost endeavors to prevent or delay this union.

It was remarked in the preceding paper that weakness and divisions at home would invite dangers from abroad; and that nothing would tend more to secure us from them than union, strength, and good government within ourselves. This subject is copious and cannot easily be exhausted.

The history of Great Britain is the one with which we are in general the best acquainted, and it gives us many useful lessons. We may profit by their experience without paying the price which it cost them. Although it seems obvious to common sense that the people of such an island should be but one nation, yet we find that they were for ages divided into three, and that those three were almost constantly embroiled in quarrels and wars with one another. Notwithstanding their true interest with respect to the continental nations was really the same, yet by the arts and policy and practices of those nations, their mutual jealousies were perpetually kept inflamed, and for a long series of years they were far more inconvenient and troublesome than they were useful and assisting to each other.

Should the people of America divide themselves into three or four nations, would not the same thing happen? Would not similar jealousies arise, and be in like manner cherished? Instead of their being joined in affection and free from all apprehension of different interests, envy and jealousy would soon extinguish confidence and affection, and the partial interests of each confederacy, instead of the general interests of all America, would be the only objects of their policy and pursuits. Hence, like most other bordering nations, they would always be either involved in disputes and war, or live in the constant apprehension of them.

The most sanguine advocates for three or four confederacies cannot reasonably suppose that they would long remain exactly on an equal footing in point of strength, even if it was possible to form them so at first; but, admitting that to be practicable, yet what human contrivance can secure the continuance of such equality? Independent of those local circumstances which tend to beget and increase power in one part and to impede its progress in another, we must advert to the effects of that superior policy and good management which would probably distinguish the government of one above the rest, and by which their relative equality in strength and consideration would be destroyed. For it cannot be presumed that the same degree of sound policy, prudence, and foresight would uniformly be observed by each of these confederacies for a long succession of years.

Whenever, and from whatever causes, it might happen, and happen it would, that any one of these nations or confederacies should rise on the scale of political importance much above the degree of her neighbors, that moment would those neighbors behold her with envy and with fear. Both those passions would lead them to countenance, if not to promote, whatever might promise to diminish her importance; and would also restrain them from measures calculated to advance or even to secure her prosperity. Much time would not be necessary to enable her to discern these unfriendly dispositions. She would soon begin, not only to lose confidence in her neighbors, but also to feel a disposition equally unfavorable to them. Distrust naturally creates distrust, and by nothing is good will and kind conduct more speedily changed than by invidious jealousies and uncandid imputations, whether expressed or implied.

The North is generally the region of strength, and many local circumstances render it probable that the most Northern of the proposed confederacies would, at a period not very distant, be unquestionably more formidable than any of the others. No sooner would this become evident than the Northern Hive would excite the same ideas and sensations in the more southern parts of America which it formerly did in the southern parts of Europe. Nor does it appear to be a rash conjecture that its young swarms might often be tempted to gather honey in the more blooming fields and milder air of their luxurious and more delicate neighbors.

They who well consider the history of similar divisions and confederacies will find abundant reason to apprehend that those in contemplation would in no other sense be neighbors than as they would be borderers; that they would neither love nor trust one another, but on the contrary would be a prey to discord, jealousy, and mutual injuries; in short, that they would place us exactly in the situations in which some nations doubtless wish to see us, viz., formidable only to each other.

From these considerations it appears that those persons are greatly mistaken who suppose that alliances offensive and defensive might be formed between these confederacies, and would produce that combination and union of wills, of arms, and of resources, which would be necessary to put and keep them in a formidable state of defense against foreign enemies.

When did the independent states into which Britain and Spain were formerly divided combine in such alliance, or unite their forces against a foreign enemy? The proposed confederacies will be distinct nations. Each of them would have its commerce with foreigners to regulate by distinct treaties; and as their productions and commodities are different and proper for different markets, so would those treaties be essentially different. Different commercial concerns must create different interests, and of course different degrees of political attachment to and connection with different foreign nations. Hence it might and probably would happen that the foreign nation with whom the Southern confederacy might be at war would be the one with whom the Northern confederacy would be the most desirous of preserving peace and friendship. An alliance so contrary to their immediate interest would not therefore be easy to form, nor, if formed, would it be observed and fulfilled with perfect good faith.

Nay, it is far more probable that in America, as in Europe, neighboring nations, acting under the impulse of opposite interests and unfriendly passions, would frequently be found taking different sides. Considering our distance from Europe, it would be more natural for these confederacies to apprehend danger from one another than from distant nations, and therefore that each of them should be more desirous to guard against the others by the aid of foreign alliances, than to guard against foreign dangers by alliances between themselves. And here let us not forget how much more easy it is to receive foreign fleets into our ports, and foreign armies into our country, than it is to persuade or compel them to depart. How many conquests did the Romans and others make in the characters of allies, and what innovations did they under the same character introduce into the governments of those whom they pretended to protect.

Let candid men judge, then, whether the division of America into any given number of independent sovereignties would tend to secure us against the hostilities and improper interference of foreign nations.

PUBLIUS [Jay]

Number 6: Concerning Dangers from War Between the States

CONCERNING DANGERS FROM
WAR BETWEEN THE STATES

[Alexander Hamilton]

THE three last numbers of this paper have been dedicated to an enumeration of the dangers to which we should be exposed, in a state of disunion, from the arms and arts of foreign nations. I shall now proceed to delineate dangers of a different and, perhaps, still more alarming kind—those which will in all probability flow from dissensions between the States themselves and from domestic factions and convulsions. These have been already in some instances slightly anticipated; but they deserve a more particular and more full investigation.

A man must be far gone in Utopian speculations who can seriously doubt that if these States should either be wholly disunited, or only united in partial confederacies, the subdivisions into which they might be thrown would have frequent and violent contests with each other. To presume a want of motives for such contests as an argument against their existence would be to forget that men are ambitious, vindictive, and rapacious. To look for a continuation of harmony between a number of independent, unconnected sovereignties situated in the same neighborhood would be to disregard the uniform course of human events, and to set at defiance the accumulated experience of ages.

The causes of hostility among nations are innumerable. There are some which have a general and almost constant operation upon the collective bodies of society. Of this description are the love of power or the desire of pre-eminence and dominion—the jealousy of power, or the desire of equality and safety. There are others which have a more circumscribed though an equally operative influence within their spheres. Such are the rivalships and competitions of commerce between commercial nations. And there are others, not less numerous than either of the former, which take their origin entirely in private passions; in the attachments, enmities, interests, hopes, and fears of leading individuals in the communities of which they are members. Men of this class, whether the favorites of a king or of a people, have in too many instances abused the confidence they possessed; and assuming the pretext of some public motive, have not scrupled to sacrifice the national tranquillity to personal advantage or personal gratification.

The celebrated Pericles, in compliance with the resentment of a prostitute, 3 at the expense of much of the blood and treasure of his countrymen, attacked, vanquished, and destroyed the city of the Samnians. The same man, stimulated by private pique against the Megarensians, 4 another nation of Greece, or to avoid a prosecution with which he was threatened as an accomplice in a supposed theft of the statuary of Phidias, 5 or to get rid of the accusations prepared to be brought against him for dissipating the funds of the state in the purchase of popularity, 6 or from a combination of all these causes, was the primitive author of that famous and fatal war, distinguished in the Grecian annals by the name of the Peloponnesian war; which, after various vicissitudes, intermissions, and renewals, terminated in the ruin of the Athenian commonwealth.

The ambitious cardinal, who was prime minister to Henry VIII, permitting his vanity to aspire to the triple crown, 7 entertained hopes of succeeding in the acquisition of that splendid prize by the influence of the Emperor Charles V. To secure the favor and interest of this enterprising and powerful monarch, he precipitated England into a war with France, contrary to the plainest dictates of policy, and at the hazard of the safety and independence, as well of the kingdom over which he presided by his counsels as of Europe in general. For if there ever was a sovereign who bid fair to realize the project of universal monarchy, it was the Emperor Charles V, of whose intrigues Wolsey was at once the instrument and the dupe.

The influence which the bigotry of one female, 8 the petulancies of another, 9 and the cabals of a third, 10 had in the contemporary policy, ferments, and pacifications of a considerable part of Europe, are topics that have been too often descanted upon not to be generally known.

To multiply examples of the agency of personal considerations in the production of great national events, either foreign or domestic, according to their direction, would be an unnecessary waste of time. Those who have but a superficial acquaintance with the sources from which they are to be drawn will themselves recollect a variety of instances; and those who have a tolerable knowledge of human nature will not stand in need of such lights to form their opinion either of the reality or extent of that agency. Perhaps, however, a reference, tending to illustrate the general principle, may with propriety be made to a case which has lately happened among ourselves. If Shays had not been a desperate debtor, it is much to be doubted whether Massachusetts would have been plunged into a civil war.

But notwithstanding the concurring testimony of experience, in this particular, there are still to be found visionary or designing men, who stand ready to advocate the paradox of perpetual peace between the States, though dismembered and alienated from each other. The genius of republics (say they) is pacific; the spirit of commerce has a tendency to soften the manners of men, and to extinguish those inflammable humors which have so often kindled into wars. Commercial republics, like ours, will never be disposed to waste themselves in ruinous contentions with each other. They will be governed by mutual interest, and will cultivate a spirit of mutual amity and concord.

Is it not (we may ask these projectors in politics) the true interest of all nations to cultivate the same benevolent and philosophic spirit? If this be their true interest, have they in fact pursued it? Has it not, on the contrary, invariably been found that momentary passions, and immediate interests, have a more active and imperious control over human conduct than general or remote considerations of policy, utility, or justice? Have republics in practice been less addicted to war than monarchies? Are not the former administered by men as well as the latter? Are there not aversions, predilections, rivalships, and desires of unjust acquisitions that affect nations as well as kings? Are not popular assemblies frequently subject to the impulses of rage, resentment, jealousy, avarice, and of other irregular and violent propensities? Is it not well known that their determinations are often governed by a few individuals in whom they place confidence, and are, of course, liable to be tinctured by the passions and views of those individuals? Has commerce hitherto done any thing more than change the objects of war? Is not the love of wealth as domineering and enterprising a passion as that of power or glory? Have there not been as many wars founded upon commercial motives since that has become the prevailing system of nations, as were before occasioned by the cupidity of territory or dominion? Has not the spirit of commerce, in many instances, administered new incentives to the appetite, both for the one and for the other? Let experience, the least fallible guide of human opinions, be appealed to for an answer to these inquiries.

Sparta, Athens, Rome, and Carthage were all republics; two of them, Athens and Carthage, of the commercial kind. Yet were they as often engaged in wars, offensive and defensive, as the neighboring monarchies of the same times. Sparta was little better than a well-regulated camp; and Rome was never sated of carnage and conquest.

Carthage, though a commercial republic, was the aggressor in the very war that ended in her destruction. Hannibal had carried her arms into the heart of Italy and to the gates of Rome, before Scipio, in turn, gave him an overthrow in the territories of Carthage and made a conquest of the commonwealth.

Venice, in later times, figured more than once in wars of ambition, till, becoming an object to the other Italian states, Pope Julius the Second found means to accomplish that formidable league, 11 which gave a deadly blow to the power and pride of this haughty republic.

The provinces of Holland, till they were overwhelmed in debts and taxes, took a leading and conspicuous part in the wars of Europe. They had furious contests with England for the dominion of the sea, and were among the most persevering and most implacable of the opponents of Louis XIV.

In the government of Britain the representatives of the people compose one branch of the national legislature. Commerce has been for ages the predominant pursuit of that country. Few nations, nevertheless, have been more frequently engaged in war; and the wars in which that kingdom has been engaged have, in numerous instances, proceeded from the people.

There have been, if I may so express it, almost as many popular as royal wars. The cries of the nation and the importunities of their representatives have, upon various occasions, dragged their monarchs into war, or continued them in it, contrary to their inclinations, and sometimes contrary to the real interests of the state. In that memorable struggle for superiority between the rival houses of Austria and Bourbon, which so long kept Europe in a flame, it is well known that the antipathies of the English against the French, seconding the ambition, or rather the avarice, of a favorite leader, 12 protracted the war beyond the limits marked out by sound policy, and for a considerable time in opposition to the views of the court.

The wars of these two last-mentioned nations have in a great measure grown out of commercial considerations—the desire of supplanting and the fear of being supplanted, either in particular branches of traffic or in the general advantages of trade and navigation, and sometimes even the more culpable desire of sharing in the commerce of other nations without their consent.

The last war but two between Britain and Spain sprang from the attempts of the English merchants to prosecute an illicit trade with the Spanish main. These unjustifiable practices on their part produced severity on the part of the Spaniards towards the subjects of Great Britain which were not more justifiable, because they exceeded the bounds of a just retaliation and were chargeable with inhumanity and cruelty. Many of the English who were taken on the Spanish coast were sent to dig in the mines of Potosi; and by the usual progress of a spirit of resentment, the innocent were, after a while, confounded with the guilty in indiscriminate punishment. The complaints of the merchants kindled a violent flame throughout the nation, which soon after broke out in the House of Commons, and was communicated from that body to the ministry. Letters of reprisal were granted, and a war ensued, which in its consequences overthrew all the alliances that but twenty years before had been formed with sanguine expectations of the most beneficial fruits.

From this summary of what has taken place in other countries, whose situations have borne the nearest resemblance to our own, what reason can we have to confide in those reveries which would seduce us into an expectation of peace and cordiality between the members of the present confederacy, in a state of separation? Have we not already seen enough of the fallacy and extravagance of those idle theories which have amused us with promises of an exemption from the imperfections, the weaknesses, and the evils incident to society in every shape? Is it not time to awake from the deceitful dream of a golden age and to adopt as a practical maxim for the direction of our political conduct that we, as well as the other inhabitants of the globe, are yet remote from the happy empire of perfect wisdom and perfect virtue?

Let the point of extreme depression to which our national dignity and credit have sunk, let the inconveniences felt everywhere from a lax and ill administration of government, let the revolt of a part of the State of North Carolina, the late menacing disturbances in Pennsylvania, and the actual insurrections and rebellions in Massachusetts, declare!

So far is the general sense of mankind from corresponding with the tenets of those who endeavor to lull asleep our apprehensions of discord and hostility between the States, in the event of disunion, that it has from long observation of the progress of society become a sort of axiom in politics that vicinity, or nearness of situation, constitutes nations natural enemies. An intelligent writer expresses himself on this subject to this effect: NEIGHBORING NATIONS [says he] are naturally ENEMIES of each other, unless their common weakness forces them to league in a CONFEDERATE REPUBLIC, and their constitution prevents the differences that neighborhood occasions, extinguishing that secret jealousy which disposes all states to aggrandize themselves at the expense of their neighbors. 13 This passage, at the same time, points out the EVIL and suggests the REMEDY. 14

PUBLIUS [Hamilton]

Number 7: The Subject Continued and Particular Causes Enumerated

THE SUBJECT CONTINUED
AND PARTICULAR CAUSES ENUMERATED

[Alexander Hamilton]

IT IS sometimes asked, with an air of seeming triumph, what inducements could the States have, if disunited, to make war upon each other? It would be a full answer to this question to say—precisely the same inducements which have, at different times, deluged in blood all the nations in the world. But, unfortunately for us, the question admits of a more particular answer. There are causes of differences within our immediate contemplation, of the tendency of which, even under the restraints of a federal constitution, we have had sufficient experience to enable us to form a judgment of what might be expected if those restraints were removed.

Territorial disputes have at all times been found one of the most fertile sources of hostility among nations. Perhaps the greatest proportion of wars that have desolated the earth have sprung from this origin, This cause would exist among us in full force. We have a vast tract of unsettled territory within the boundaries of the United States. There still are discordant and undecided claims between several of them, and the dissolution of the Union would lay a foundation for similar claims between them all. It is well known that they have heretofore had serious and animated discussions concerning the right to the lands which were ungranted at the time of the Revolution, and which usually went under the name of crown lands. The States within the limits of whose colonial governments they were comprised have claimed them as their property, the others have contended that the rights of the crown in this article devolved upon the Union; especially as to all that part of the Western territory which, either by actual possession, or through the submission of the Indian proprietors, was subjected to the jurisdiction of the king of Great Britain, till it was relinquished in the treaty of peace. This, it has been said, was at all events an acquisition to the Confederacy by compact with a foreign power. It has been the prudent policy of Congress to appease this controversy, by prevailing upon the States to make cessions to the United States for the benefit of the whole. This has been so far accomplished as, under a continuation of the Union, to afford a decided prospect of an amicable termination of the dispute. A dismemberment of the Confederacy, however, would revive this dispute, and would create others on the same subject. At present a large part of the vacant Western territory is, by cession at least, if not by any anterior right, the common property of the Union. If that were at an end, the States which have made cessions on a principle of federal compromise, would be apt, when the motive of the grant had ceased, to reclaim the lands as a reversion. The other States would no doubt insist on a proportion by right of representation. Their argument would be that a grant once made could not be revoked; and that the justice of their participating in territory acquired or secured by the joint efforts of the Confederacy remained undiminished. If, contrary to probability, it should be admitted by all the States that each had a right to a share of this common stock, there would still be a difficulty to be surmounted as to a proper rule of apportionment. Different principles would be sent up by different States for this purpose; and as they would affect the opposite interests of the parties, they might not easily be susceptible of a pacific adjustment.

In the wide field of Western territory, therefore, we perceive an ample theater for hostile pretensions, without any umpire or common judge to interpose between the contending parties. To reason from the past to the future, we shall have good ground to apprehend that the sword would sometimes be appealed to as the arbiter of their differences. The circumstances of the dispute between Connecticut and Pennsylvania, respecting the lands at Wyoming, admonish us not to be sanguine in expecting an easy accommodation of such differences. The Articles of Confederation obliged the parties to submit the matter to the decision of a federal court. The submission was made, and the court decided in favor of Pennsylvania. But Connecticut gave strong indications of dissatisfaction with that determination; nor did she appear to be entirely resigned to it, till, by negotiation and management, something like an equivalent was found for the loss she supposed herself to have sustained. Nothing here said is intended to convey the slightest censure on the conduct of that State. She no doubt sincerely believed herself to have been injured by the decision; and States, like individuals, acquiesce with great reluctance in determinations to their disadvantage.

Those who had an opportunity of seeing the inside of the transactions which attended the progress of the controversy between this State and the district of Vermont can vouch the opposition we experienced, as well from States not interested as from those which were interested in the claim, and can attest the danger to which the peace of the Confederacy might have been exposed, had this State attempted to assert its rights by force. Two motives preponderated in that opposition: one, a jealousy entertained of our future power; and the other, the interest of certain individuals of influence in the neighboring States, who had obtained grants of land under the actual government of that district. Even the States which brought forward claims in contradiction to ours seemed more solicitous to dismember this State, than to establish their own pretensions. These were New Hampshire, Massachusetts, and Connecticut. New Jersey and Rhode Island upon all occasions discovered a warm zeal for the independence of Vermont; and Maryland, until alarmed by the appearance of a connection between Canada and that place, entered deeply into the same views. These, being small States, saw with an unfriendly eye the perspective of our growing greatness. In a review of these transactions we may trace some of the causes which would be likely to embroil the States with each other, if it should be their unpropitious destiny to become disunited.

Competitions of commerce would be another fruitful source of contention. The States less favorably circumstanced would be desirous of escaping from the disadvantages of local situation, and of sharing in the advantages of their more fortunate neighbors. Each State, or separate confederacy, would pursue a system of commercial policy peculiar to itself. This would occasion distinctions, preferences, and exclusions, which would beget discontent. The habits of intercourse, on the basis of equal privileges, to which we have been accustomed since the earliest settlement of the country would give a keener edge to those causes of discontent than they would naturally have independent of this circumstance. We should be ready to denominate injuries those things which were in reality the justifiable acts of independent sovereignties consulting a distinct interest. The spirit of enterprise, which characterizes the commercial part of America, has left no occasion of displaying itself unimproved. It is not at all probable that this unbridled spirit would pay much respect to those regulations of trade by which particular States might endeavor to secure exclusive benefits to their own citizens. The infractions of these regulations, on one side, the efforts to prevent and repel them, on the other, would naturally lead to outrages, and these to reprisals and wars.

The opportunities which some States would have of rendering other tributary to them by commercial regulations would be impatiently submitted to by the tributary States. The relative situation of New York, Connecticut, and New Jersey would afford an example of this kind. New York, from the necessities of revenue, must lay duties on her importations. A great part of these duties must be paid by the inhabitants of the two other States in the capacity of consumers of what we import. New York would neither be willing nor able to forgo this advantage. Her citizens would not consent that a duty paid by them should be remitted in favor of the citizens of her neighbors; nor would it be practicable, if there were not this impediment in the way, to distinguish the customers in our own markets. Would Connecticut and New Jersey long submit to be taxed by New York for her exclusive benefit? Should we be long permitted to remain in the quiet and undisturbed enjoyment of a metropolis, from the possession of which we derived an advantage so odious to our neighbors, and, in their opinion, so oppressive? Should we be able to preserve it against the incumbent weight of Connecticut on the one side, and the co-operating pressure of New Jersey on the other? These are questions that temerity alone will answer in the affirmative.

The public debt of the Union would be a further cause of collision between the separate States or confederacies. The apportionment, in the first instance, and the progressive extinguishment afterwards, would be alike productive of ill humor and animosity. How would it be possible to agree upon a rule of apportionment satisfactory to all? There is scarcely any that can be proposed which is entirely free from real objections. These, as usual, would be exaggerated by the adverse interests of the parties. There are even dissimilar views among the States as to the general principle of discharging the public debt. Some of them, either less impressed with the importance of national credit, or because their citizens have little, if any, immediate interest in the question, feel an indifference, if not a repugnance, to the payment of the domestic debt at any rate. These would be inclined to magnify the difficulties of a distribution. Others of them, a numerous body of whose citizens are creditors to the public beyond the proportion of the State in the total amount of the national debt, would be strenuous for some equitable and effective provision. The procrastinations of the former would excite the resentments of the latter. The settlement of a rule would, in the meantime, be postponed by real differences of opinion and affected delays. The citizens of the States interested would clamor; foreign powers would urge for the satisfaction of their just demands, and the peace of the States would be hazarded to the double contingency of external invasion in internal contention.

Suppose the difficulties of agreeing upon a rule surmounted and the apportionment made. Still there is great room to suppose that the rule agreed upon would, upon experiment, be found to bear harder upon some States than upon others. Those which were sufferers by it would naturally seek for a mitigation of the burden. The others would as naturally be disinclined to a revision, which was likely to end in an increase of their own incumbrances. Their refusal would be too plausible a pretext to the complaining States to withhold their contributions, not to be embraced with avidity; and the noncompliance of these States with their engagements would be a ground of bitter dissension and altercation. If even the rule adopted should in practice justify the equality of its principle, still delinquencies in payment on the part of some of the States would result from a diversity of other causes—the real deficiency of resources; the mismanagement of their finances; accidental disorders in the administration of the government; and, in addition to the rest, the reluctance with which men commonly part with money for purposes that have outlived the exigencies which produced them and interfere with the supply of immediate wants. Delinquencies, from whatever causes, would be productive of complaints, recriminations, and quarrels. There is, perhaps, nothing more likely to disturb the tranquillity of nations than their being bound to mutual contributions for any common object that does not yield an equal and coincident benefit. For it is an observation, as true as it is trite, that there is nothing men differ so readily about as the payment of money.

Laws in violation of private contracts, as they amount to aggressions on the rights of those States whose citizens are injured by them, may be considered as another probable source of hostility. We are not authorized to expect that a more liberal or more equitable spirit would preside over the legislations of the individual States hereafter, if unrestrained by any additional checks, than we have heretofore seen in too many instances disgracing their several codes. We have observed the disposition to retaliation excited in Connecticut, in consequence of the enormities perpetrated by the legislature of Rhode Island; and we reasonably infer that, in similar cases under other circumstances, a war, not of parchment, but of the sword, would chastise such atrocious breaches of moral obligation and social justice.

The probability of incompatible alliances between the different States, or confederacies, and different foreign nations, and the effects of this situation upon the peace of the whole, have been sufficiently unfolded in some preceding papers. From the view they have exhibited of this part of the subject, this conclusion is to be drawn, that America, if not connected at all, or only by the feeble tie of a simple league, offensive and defensive, would, by the operation of such jarring alliances, be gradually entangled in all the pernicious labyrinths of European politics and wars; and by the destructive contentions of the parts into which she was divided, would be likely to become a prey to the artifices and machinations of powers equally the enemies of them all. Divide et impera 15 must be the motto of every nation that either hates or fears us.

PUBLIUS [Hamilton]

Number 8: The Effects of Internal War in Producing Standing Armies and Other Institutions Unfriendly to Liberty

THE EFFECTS OF INTERNAL WAR
IN PRODUCING STANDING ARMIES
AND OTHER INSTITUTIONS
UNFRIENDLY TO LIBERTY

[Alexander Hamilton]

ASSUMING it therefore as an established truth that the several States, in case of disunion, or such combinations of them as might happen to be formed out of the wreck of the general Confederacy, would be subject to those vicissitudes of peace and war, of friendship and enmity with each other, which have fallen to the lot of all neighboring nations not united under one government, let us enter into a concise detail of some of the consequences that would attend such a situation.

War between the States, in the first period of their separate existence, would be accompanied with much greater distresses than it commonly is in those countries where regular military establishments have long obtained. The disciplined armies always kept on foot on the continent of Europe, though they bear a malignant aspect to liberty and economy, have, notwithstanding, been productive of the signal advantage of rendering sudden conquests impracticable, and of preventing that rapid desolation which used to mark the progress of war prior to their introduction. The art of fortification has contributed to the same ends. The nations of Europe are encircled with chains of fortified places, which mutually obstruct invasion. Campaigns are wasted in reducing two or three frontier garrisons to gain admittance into an enemy's country. Similar impediments occur at every step to exhaust the strength and delay the progress of an invader. Formerly an invading army would penetrate into the heart of a neighboring country almost as soon as intelligence of its approach could be received; but now a comparatively small force of disciplined troops, acting on the defensive, with the aid of posts, is able to impede, and finally to frustrate, the enterprises of one much more considerable. The history of war in that quarter of the globe is no longer a history of nations subdued and empires overturned, but of towns taken and retaken, of battles that decide nothing, of retreats more beneficial than victories, of much effort and little acquisition.

In this country the scene would be altogether reversed. The jealousy of military establishments would postpone them as long as possible. The want of fortifications, leaving the frontiers of one State open to another, would facilitate inroads. The populous States would, with little difficulty, overrun their less populous neighbors. Conquests would be as easy to be made as difficult to be retained. War, therefore, would be desultory and predatory. PLUNDER and devastation ever march in the train of irregulars. The calamities of individuals would make the principal figure in the events which would characterize our military exploits.

This picture is not too highly wrought; though, I confess, it would not long remain a just one, safety from external danger is the most powerful director of national conduct. Even the ardent love of liberty will, after a time, give way to its dictates. The violent destruction of life and property incident to war, the continual effort and alarm attendant on a state of continual danger, will compel nations the most attached to liberty to resort for repose and security to institutions which have a tendency to destroy their civil and political rights. To be more safe, they at length become willing to run the risk of being less free.

The institutions chiefly alluded to are STANDING ARMIES and the correspondent appendages of military establishments. Standing armies, it is said, are not provided against in the new Constitution; and it is thence inferred that they may exist under it. This inference, from the very form of the proposition, is, at best, problematical and uncertain. 16 But standing armies, it may be replied, must inevitably result from a dissolution of the Confederacy. Frequent war and constant apprehension, which require a state of as constant preparation, will infallibly produce them. The weaker States, or confederacies, would first have recourse to them to put themselves upon an equality with their more potent neighbors. They would endeavor to supply the inferiority of population and resources by a more regular and effective system of defense, by disciplined troops, and by fortifications. They would, at the same time, be necessitated to strengthen the executive arm of government, in doing which their constitutions would acquire a progressive direction towards monarchy. It is of the nature of war to increase the executive at the expense of the legislative authority.

The expedients which have been mentioned would soon give the States, or confederacies, that made use of them a superiority over their neighbors. Small states, or states of less natural strength, under vigorous governments, and with the assistance of disciplined armies, have often triumphed over large states, or states of greater natural strength, which have been destitute of these advantages. Neither the pride nor the safety of the more important States, or confederacies, would permit them long to submit to this mortifying and adventitious superiority. They would quickly resort to means similar to those by which it had been effected, to reinstate themselves in their lost pre-eminence. Thus we should, in a little time, see established in every part of this country the same engines of despotism which have been the scourge of the old world. This, at least, would be the natural course of things; and our reasonings will be the more likely to be just in proportion as they are accommodated to this standard.

These are not vague inferences drawn from supposed or speculative defects in a Constitution, the whole power of which is lodged in the hands of a people, or their representatives and delegates, but they are solid conclusions, drawn from the natural and necessary progress of human affairs.

It may, perhaps, be asked, by way of objection to this, why did not standing armies spring up out of the contentions which so often distracted the ancient republics of Greece? Different answers, equally satisfactory, may be given to this question. The industrious habits of the people of the present day, absorbed in the pursuits of gain and devoted to the improvements of agriculture and commerce, are incompatible with the condition of a nation of soldiers, which was the true condition of the people of those republics. The means of revenue, which have been so greatly multiplied by the increase of gold and silver and of the arts of industry, and the science of finance, which is the offspring of modern times, concurring with the habits of nations, have produced an entire revolution in the system of war, and have rendered disciplined armies, distinct from the body of the citizens, the inseparable companion of frequent hostility.

There is a wide difference, also, between military establishments in a country seldom exposed by its situation to internal invasions, and in one which is often subject to them and always apprehensive of them. The rulers of the former can have no good pretext, if they are even so inclined, to keep on foot armies so numerous as must of necessity be maintained in the latter. These armies being, in the first case, rarely if at all called into activity for interior defense, the people are in no danger of being broken to military subordination. The laws are not accustomed to relaxation in favor of military exigencies; the civil state remains in full vigor, neither corrupted, nor confounded with the principles or propensities of the other state. The smallness of the army renders the natural strength of the community an overmatch for it; and the citizens, not habituated to look up to the military power for protection, or to submit to its oppressions, neither love nor fear the soldiery; they view them with a spirit of jealous acquiescence in a necessary evil and stand ready to resist a power which they suppose may be exerted to the prejudice of their rights.

The army under such circumstances may usefully aid the magistrate to suppress a small faction, or an occasional mob, or insurrection; but it will be unable to enforce encroachments against the united efforts of the great body of the people.

In a country in the predicament last described, the contrary of all this happens. The perpetual menacings of danger oblige the government to be always prepared to repel it; its armies must be numerous enough for instant defense. The continual necessity for their services enhances the importance of the soldier, and proportionably degrades the condition of the citizen. The military state becomes elevated above the civil. The inhabitants of territories, often the theater of war, are unavoidably subjected to frequent infringements of their rights, which serve to weaken their sense of those rights; and by degrees the people are brought to consider the soldiery not only as their protectors but as their superiors. The transition from this disposition to that of considering them masters is neither remote nor difficult; but it is very difficult to prevail upon a people under such impressions to make a bold or effectual resistance to usurpations supported by the military power.

The kingdom of Great Britain falls within the first description. An insular situation, and a powerful marine, guarding it in a great measure against the possibility of foreign invasion, supersede the necessity of a numerous army within the kingdom. A sufficient force to make head against a sudden descent, till the militia could have time to rally and embody, is all that has been deemed requisite. No motive of national policy has demanded, nor would public opinion have tolerated, a larger number of troops upon its domestic establishment. There has been, for a long time past, little room for the operation of the other causes, which have been enumerated as the consequences of internal war. This peculiar felicity of situation has, in a great degree, contributed to preserve the liberty which that country to this day enjoys, in spite of the prevalent venality and corruption. If, on the contrary, Britain had been situated on the continent, and had been compelled, as she would have been, by that situation, to make her military establishments at home coextensive with those of the other great powers of Europe, she, like them, would in all probability be, at this day, a victim to the absolute power of a single man. 'Tis possible, though not easy, that the people of that island may be enslaved from other causes; but it cannot be by the prowess of an army so inconsiderable as that which has been usually kept up within the kingdom.

If we are wise enough to preserve the Union we may for ages enjoy an advantage similar to that of an insulated situation. Europe is at a great distance from us. Her colonies in our vicinity will be likely to continue too much disproportioned in strength to be able to give us any dangerous annoyance. Extensive military establishments cannot, in this position, be necessary to our security. But if we should be disunited, and the integral parts should either remain separated, or, which is most probable, should be thrown together into two or three confederacies, we should be, in a short course of time, in the predicament of the continental powers of European liberties would be a prey to the means of defending ourselves against the ambition and jealousy of each other.

This is an idea not superficial nor futile, but solid and weighty. It deserves the most serious and mature consideration of every prudent and honest man of whatever party. If such men will make a firm and solemn pause, and meditate dispassionately on the importance of this interesting idea; if they will contemplate it in all its attitudes, and trace it to all its consequences, they will not hesitate to part with trivial objections to a Constitution, the rejection of which would in all probability put a final period to the Union. The airy phantoms that flit before the distempered imaginations of some of its adversaries would quickly give place to the more substantial prospects of dangers, real, certain, and formidable.

PUBLIUS [Hamilton]

Number 9: The Utility of the Union as a Safeguard Against Domestic Faction and Insurrection