Chapter VII: Examination of Tocqueville’s Views
Such was the aspect of the United States in 1832, such the predictions which an unusually penetrating and philosophic mind formed of its future. I will not attempt to inquire how far the details of the picture are accurate, because it would be unprofitable to contest statements without assigning one’s own reasons, while to assign them would lead me into a historical disquisition. A shorter and simpler course will be to inquire in what respects things have changed since his time, for thus we shall be in a position to discern which of the tendencies he noted have proved permanent, what new tendencies have come into being, what are the main tendencies which are now controlling the destinies of the Republic.
I have noted at the end of last section the phenomena which, already existing in Tocqueville’s day, he omitted to notice or to appraise at their due value. Let us see what time has brought forward since his day to alter the conditions of the problem as he saw it.
The great events that have befallen since 1834 are these:—
The annexation of Texas in 1845.
The war with Mexico in 1846, leading to the enlargement of the United States by the vast territories which are now California, Nevada, Utah, Idaho, Arizona, and New Mexico.
The making of railways over the whole country, culminating with the completion of four or five great Trans-Continental roads (the first in 1869).
The establishment of lines of swift ocean steamers between America and Europe.
The immigration from Ireland (immensely increased after the famine of 1846), and from Germany (beginning somewhat later), and from Scandinavia, Austria-Hungary, and Russia (later still).
The War of Secession, 1861-65; together with the extinction of Slavery.
The laying of submarine cables to Europe, and the extension of telegraphic communication over the whole Union.
The settlement of the Alabama claims, an event scarcely less important in American history than in English, because it greatly diminished the likelihood of a war between the two countries. In Tocqueville’s time the hatred of Americans to England was rancorous.
The growth of great cities. In 1830, only two had a population exceeding 100,000. There are now (census of 1900) thirty-eight which exceed that population[184].
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Footnote 184:
In 1790 there were only six cities with populations of at least 8,000.
There are now 545. The percentage of urban to rural population (taking
urban as that of a city of 8,000) was then 3·4 and is now 33·1.
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The growth of great fortunes, and of wealthy and powerful trading corporations; the extension of mining, especially silver and gold mining; the stupendous development of speculation, not to say gambling, in stocks and produce.
The growth of the universities and of many kindred literary and scientific institutions.
The war with Spain in 1898, and consequent annexation of Hawaii (which might probably not have been taken but for naval needs supposed to have been disclosed by the war), of Puerto Rico, and of the Philippine Isles.
These are events which have told directly or indirectly upon politics. I go on to enumerate the political changes themselves of the same sixty-seven years.
Democratization of State Constitutions, total abolition of property qualifications, choice of judges (in most States) by popular vote and for terms of years, restrictions on the power of State Legislatures, more frequent use of the popular vote or so-called Referendum[185].
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Footnote 185:
Especially in the form of the amendment of particular provisions of
State Constitutions.
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Development of the Spoils System, consequent degradation of the increasingly large and important civil service, both Federal, State, and Municipal.
Perfection and hierarchical consolidation, on nominally representative but really oligarchic lines, of party organizations; consequent growth of Rings and Bosses, and demoralization of city government.
Enfranchisement of the negroes through amendments to the Constitution.
Intensification of National (as opposed to State) sentiment consequent on the War of Secession; passion for the national flag; rejection of the dogmas of State sovereignty and right of nullification.
Increased importance of currency and other financial problems: emergence of industrial questions as bases for party organization: efforts to found a Labour Party and a ‘People’s Party.’
To these I add, as powerfully affecting politics, the development not only of literary, scientific and historical studies, but in particular of a new school of publicists, who discuss constitutional and economic questions in a philosophic spirit; closer intellectual relations with Europe, and particularly with England and Germany; resort of American students to German Universities; increased interest of the best class of citizens in politics; improved literary quality of the newspapers and of periodicals (political and semi-political) generally; growth of a critical and sceptical spirit in matters of religion and philosophy; diminished political influence of the clergy.
We may now ask which of Tocqueville’s observations have ceased to be true, which of his predictions falsified. I follow the order in which they were presented in the last section.
Although the powers of the several States remain in point of law precisely what they were (except as regards the Constitutional amendments presently to be noticed) and the citizen depends as much now as then upon the State in all that relates to person and property, to the conduct of family and commercial relations, the National or Federal Government has become more important to him than it was then. He watches its proceedings more closely, and, of course, thanks to the telegraph, knows them sooner and more fully. His patriotism is far more national, and in case of a conflict between one or more States and the Federal power, the sympathies of the other States would probably be with the latter.
Local government has been maintained in its completeness, but it seems to excite less interest among the people. In the larger cities it has fallen into the hands of professional politicians, who have perverted it into a grasping and sordid oligarchy.
There is still, as compared with Continental Europe, little ‘administration,’ though more than in Tocqueville’s time. But the influence of Federal legislation on the business of the country is far greater than it was, for the tariff and the currency, matters of increased consequence ever since the war, are in its hands.
The dignity of the judicial bench has in most States suffered seriously from the system of popular election for comparatively short terms. In those States where nomination by the Executive has been retained, and in the case of the Federal Judges (nominated by the President), the position is perhaps the highest permanent one open to a citizen.
The President’s authority received a portentous enlargement during the War of Secession, and although it has now returned to its normal condition, the sense of its importance has survived. His election is contested with increasing excitement, for his immense patronage and the magnitude of the issues he may influence by his veto power give individuals and parties the strongest grounds for hope and fear. Experience has, on the whole, confirmed the view that the re-eligibility of an acting President (_i.e._ the power of electing him for an immediately succeeding term) might well be dispensed with.
The credit of the Supreme Court suffered somewhat from its pro-slavery decisions just before the war, and may possibly have suffered slightly since in respect of its treatment of the Legal Tender question. Nevertheless it remains respected and influential.
The State Constitutions, nearly all of which have been re-enacted or largely amended since 1834, remain inferior to the Federal Constitution, and the State legislatures are, of course (possibly with a very few exceptions in the New England States), still more inferior to Congress.
Two great parties reappeared immediately after Tocqueville wrote, and except for a brief interval before the Civil War when the Whig party had practically expired before its successor and representative the Republican party had come to maturity, they have continued to divide the country, making minor parties of slight consequence. Now and then an attempt is made to start a new party as a national organization, but it rarely becomes strong enough to maintain itself. The rich and educated renewed their interest in politics under the impulse of the Slavery and Secession struggle. After a subsequent interval of apathy they seem to be again returning to public life. The secret murmurs against democracy, whereof Tocqueville speaks, are confined to a handful of fashionable exquisites less self-complacent now than they were in the days when they learnt luxury and contempt for the people in the Paris of Louis Napoleon.
Although newspapers are better written than formerly and those of the great cities travel further over the country, the multitude of discordant voices still prevents the people from being enslaved by the press, which however shows an alarming capacity for exciting them. The habit of association by voluntary societies maintains itself.
The defects of the professional politicians, a term which now more precisely describes those whom Tocqueville calls by the inappropriate European name of ‘the governors,’ continue at least as marked as in his time.
So, too, the House of Representatives continues less influential than the Senate, but for other reasons than those which Tocqueville assigns, and to a less degree than he describes. The Senate has not, since 1880, maintained the character he gives it; and the fact that it is still chosen in the way which he commended shows that the merits he ascribed to it were not due to its mode of choice. Indeed in the judgement of most thoughtful men, popular election in the States would give a better Senate than election by the State Legislatures now does.
American magistrates never did in general enjoy the arbitrary power Tocqueville ascribes to them. They assuredly do not enjoy it now, but in municipalities there is a growing tendency to concentrate power, especially the appointing power, in the hands of one or a few officers in order that the people may have some one person on whom responsibility can be fixed. Such power is sometimes very wide, but it cannot be called arbitrary. A few minor offices are unsalaried; the salaries of the greater ones have been raised, particularly in the older States.
The methods of administration, especially of Federal administration, have been much improved, but are still behind those of the most advanced European countries, one or two departments excepted.
Government is far from economical. The war of the Rebellion was conducted in the most lavish way: the high protective tariff raises a vast revenue, and direct local taxation takes more from the citizen than in most European countries. An enormous sum is spent upon pensions to persons who purport to have served in the Northern armies during the Civil War[186].
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Footnote 186:
In 1892 the expenditure on this head was $155,000,000: in 1901 it was
estimated at $142,000,000.
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Congress does not pass many public statutes, nor do they greatly alter ordinary law within the sphere open to federal legislation. Many legislative experiments are tried in the newer States, but the ordinary private law is in no such condition of mutability as Tocqueville describes. The law of England suffered more changes between 1868 and 1885 than either the common or statute law of the older States of the Union.
The respect for the rights of others, for the regular course of legal process, for the civil magistrate, remains strong; nor have the rich (although of late years more threatened) seriously begun to apprehend any attacks on them, otherwise than as stockholders in great railway and other corporations.
The tyranny of the majority is not a serious evil in the America of to-day, though people still sometimes profess alarm at it. It cannot act through a State legislature so much as it may have done in Tocqueville’s days, for the wings of these bodies have been effectively clipped by the newer State constitutions. Faint are the traces which remain of that intolerance of heterodoxy in politics, religion or social views whereon he dilates[187]. Politicians on the stump still flatter the crowd, but many home truths are told to it nevertheless in other ways and places, and the man who ventures to tell them need no longer fear social proscription (at least in time of peace) in the Northern or Western States, perhaps not even in the Southern.
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Footnote 187:
Competent American observers in Tocqueville’s own time thought he
greatly exaggerated this danger. See a letter from Jared Sparks
printed in Professor Herbert B. Adams’ interesting monograph _Jared
Sparks and Alexis de Tocqueville_, in Johns Hopkins University
Studies, 1898.
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The Republic came scatheless out of a terrible civil war, and although the laurels of the general who concluded that war twice secured for him the Presidency, they did not make his influence dangerous to freedom. There is indeed no great capital, but there are cities greater than most European capitals, and the Republic has not been imperilled by their growth. The influence of the clergy on public affairs has declined: whether or no that of religion has also been weakened it is more difficult to say. But all Americans are still agreed that religion gains by its entire detachment from the State.
The negro problem remains, but it has passed into a new and for the moment less threatening phase. Neither Tocqueville nor any one else then living could have foreseen that manumission would come as a war measure, and be followed by the grant of political rights. It is no impeachment of his judgement that he omitted to contemplate a state of things in which the blacks have been made politically the equals of the whites, while inferior in most other respects, and destined, apparently, to remain wholly separate from them. He was right in perceiving that fusion was not possible, and that liberation would not solve the problem, because it would not make the liberated fit for citizenship. Fit—that is to say, as fit as a considerable part of the white population—they will probably in the long run become, but even then the social problem will remain. His remark that the repulsion between the races in the South would probably be greater under freedom than under slavery has so far been strikingly verified by the result.
All the forces that made for the maintenance of the Federal Union are now stronger than they were then, while the chief force that opposed it, viz. the difference of character and habits between North and South, largely produced by the existence of slavery, tends to vanish. Nor does the growth of the Union make the retention of its parts in one body more difficult. On the contrary, the United States is a smaller country now when it stretches from the Bay of Fundy to the Gulf of California, with its seventy-six millions of people, than it was then with its thirteen millions, just as the civilized world was larger in the time of Herodotus than it is now, for it took twice as many months to travel from Persepolis or the Caspian Sea to the Pillars of Hercules as it does now to circumnavigate the globe, one was obliged to use a greater number of languages, and the journey was incomparably more dangerous. Before steamboats plied on rivers, and trains ran on railways, three or four weeks at least were consumed in reaching Missouri from Maine. Now one goes in six days of easy travelling right across the continent.
Nor has the increased number of States bred more dissensions. The forty-five States of to-day are not as Tocqueville assumes, and this is the error which vitiates his reasonings, forty-five nations. The differences in their size and wealth have become greater, but they work more harmoniously together than ever heretofore, because neither the lines which divide parties nor the substantial issues which affect men’s minds coincide with State boundaries. The Western States are now, so far as population goes, the dominant section of the Union, and become daily more so. But their interests link them more closely than ever to the North Atlantic States, through which their products pass to Europe, and the notion once entertained of moving the capital from Washington to the Mississippi valley has been quietly dropped.
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Studies in history and jurisprudence, volume 1 (of 2)Chapter VII: Examination of Tocqueville’s Views
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