Volume II Part 18 (1/2)

”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.”--_Democracy in America, by A De Tocqueville_.

Note 3. In New England the estates are exceedingly small, but they are rarely subjected to further division.

Note 4. It may also be here observed, that the Americans have little opportunity of judging favourably of the English by the usual _importations_ to their country. They all call themselves English _Gentlemen_, and are too often supposed to be, and are received as such.

I have often been told that I should meet with an English gentleman or an English merchant, and the parties mostly proved to be nothing but travellers, bagsmen, or even worse. If the sterling Americans stay at home, and send the bad ones to us, and we do the same, neither party will be likely to form a very favourable opinion of the other for some time to come.

VOLUME TWO, CHAPTER SEVEN.

GOVERNMENT.

It is not my intention to enter into a lengthened examination of the American form of government. I have said that, as a government, ”with all its imperfections, it is the best suited to _the present condition of America_, in _so far as_ it is the one under which the country has made, and will continue to make, the most rapid strides;” but I have not said that it was a better form of government than others. Its very weakness is favourable to the advance of the country; it may be compared to a vessel which, from her masts not being wedged, and her timbers being loose, sails faster than one more securely fastened. Considered merely as governments for the preservation of order and the equalisation of pressure upon the people, I believe that few governments are bad, as there are always some correcting influences, moral or otherwise, which strengthen those portions which are the weakest. A despot, for instance, although his power is acknowledged and submitted to, will not exercise tyranny too far, from the fear of a.s.sa.s.sination.

I have inserted in an Appendix the Form of the American Const.i.tution, and if my readers wish to examine more closely into it, I must refer them to M. Tocqueville's excellent work. The first point which must strike the reader who examines into it is, that it is extremely complicated. It is, and it is not. It is so far complicated that a variety of wheels are at work; but it is not complicated, from the circ.u.mstance that the _same principle_ prevails throughout, from the Towns.h.i.+p to the Federal Head, and that it is put in motion by one great and universal propelling power. It may be compared to a cotton-thread manufactory, in which thousands and thousands of reels and spindles are all at work, the labour of so many smaller reels turned over to larger, which in their turn yield up their produce, until the whole is collected into one ma.s.s. The principle of the American Government is good; the power that puts it in motion is enormous, and therefore, like the complicated machinery I have compared it to, it requires constant attention, and proper regulation of the propelling power, that it may not become out of order. The propelling power is the sovereignty of the people, otherwise the will of the majority. The motion of all propelling powers must be regulated by a fly-wheel, or corrective check, if not, the motion will gradually accelerate, until the machinery is destroyed by the increase of friction. But there are other causes by which the machinery may be deranged; as, although the smaller portions of the machine, if defective, may at any time be taken out and repaired without its being necessary for the machine to stop; yet if the larger wheels are by any chance thrown out of their equilibrium, the machinery may be destroyed just as it would be by a too rapid motion, occasioned by the excess of propelling power. Further, there are external causes which may endanger it: any machine may be thrown out of its level by a convulsion, or shock, which will cause it to cease working, if even it does not break it into fragments.

Now, the dangers which _threaten_ the United States are, the Federal Government being still weaker than it is at present, or its becoming, as it may from circ.u.mstances, too powerful.

The _present_ situation of the American Government is that the fly-wheel, or regulator of the propelling power (that is to say the aristocracy, or power of the senate,) has been nearly destroyed, and the consequences are that the motion is at this moment too much accelerated, and threatens in a few years to increase its rapidity, at the risk of the destruction of the whole machinery.

But, although it will be necessary to point out the weakness of the Federal Government, when opposed to the States or the majority, inasmuch as the morality of the people is seriously affected by this weakness, my object is not to enter into the merits of the government of the United States as a _working_ government, but to inquire how far the Americans are correct in their boast of its being a model for other countries.

Let us consider what is the best form of government. Certainly that which most contributes to security of life and property, and renders those happy and moral who are submitted to it. This I believe will be generally acknowledged, and it is upon these grounds that the government of the United States must be tested. They abjured our monarchy, and left their country for a distant land, to obtain _freedom_. They railed at the vices and imperfections of continental rule, and proposed to themselves a government which should be perfect, under which every man should have his due weight in the representation, and prove to the world that a people could govern themselves. Disgusted with the immorality of the age and the disregard to religion, they antic.i.p.ated an amendment in the state of society. This new, and supposed perfect, machinery has been working for upwards of sixty years, and let us now examine how far the theory has been supported and borne out by the practical result.

I must first remind the reader that I have already shewn the weakness of the Federal Government upon one most important point, which is, that there is not sufficient security for person and property. When such is the case, there cannot be that adequate punishment for vice so necessary to uphold the morals of a people. I will now proceed to prove the weakness of the Federal Government whenever it has to combat with the several States, or with the will of the majority.

It will be perceived, by an examination into the Const.i.tution of the United States, that the States have reserved for themselves all the real power, and that the Federal Union exists but upon their sufferance.

Each State still insists upon its right to withdraw itself from the Union whenever it pleases, and the consequence of this right is, that in every conflict with a State, the Federal Government has invariably to succ.u.mb. M. Tocqueville observes, ”If the sovereignty of the Union were to engage in a struggle with that of the States, at the present day, its defeat may be confidently predicted; and it is not probable that such a struggle would be seriously undertaken. As often as a steady resistance is offered to the Federal Government, it will be found to yield. Experience has. .h.i.therto shewn that whenever a State has demanded any thing with perseverance and resolution, it has invariably succeeded; and that if a separate government has distinctly refused to act, it was left to do as it thought fit. See Note 1.

”But even if the government of the Union had any strength inherent in itself, the physical situation of the country would render the excise of that strength very difficult. [See Note 2.] The United States cover an immense territory; they were separated from each other by great distances; and the population is disseminated over the surface of a country which is still half a wilderness. If the Union were to undertake to enforce the allegiance of the confederate States by military means, it would be in a position very a.n.a.lagous to that of England at the time of the War of Independence.”

The Federal Government never displayed more weakness than in the question of the tariff put upon English goods to support the manufacturers of the Northern States. The Southern States, as producers and exporters, complained of this as prejudicial to their interests.

South Carolina, one of the smallest States, led the van, and the storm rose. This State pa.s.sed an act by convention, _annulling_ the Federal Act of the tariff, armed her militia, and prepared for war. The consequence was that the Federal Government abandoned the principle of the tariff, but at the same time, to save the disgrace of its defeat, it pa.s.sed an act warranting the President to _put down resistance by force_, or, in other words, making the Union _compulsory_. South Carolina _annulled_ this law of the Federal Government, but as the State gained its point by the Federal Government having abandoned the principle of the tariff, the matter ended.

Another instance in which the Federal Government showed its weakness when opposed to a State, was in its conflict with Georgia. The Federal Government had entered into a solemn, and what ought to have been an inviolable treaty, with the Cherokee Indians, securing to them the remnant of their lands in the State of Georgia. The seventh Article of that treaty says, ”The United States _solemnly_ guarantee to the Cherokee nation all their lands not hitherto ceded.” The State of Georgia, when its population increased, did not like the Indians to remain, and insisted upon their removal. What was the result?--that the Federal Government, in violation of a solemn treaty and the national honour, submitted to the dictation of Georgia, and the Indians were removed to the other side of the Mississippi.

These instances are sufficient to prove the weakness of the Federal Government when opposed to the States; it is still weaker when opposed to the will of the majority. I have already quoted many instances of the exercise of this uncontrolled will. I do not refer to Lynch law, or the reckless murders in the Southern States, but to the riots in the most civilised cities, such as Boston, New York, and Baltimore, in which outrages and murders have been committed without the Government ever presuming to punish the perpetrators; but the strongest evidence of the helplessness of the Government, when opposed to the majority, has been in the late Canadian troubles, which, I fear, have only for the season subsided. If many have doubts of the sincerity of the President of the United States in his attempts to prevent the interference of the Americans, there can be no doubt but that General Scott, Major Worth, and the other American officers sent to the frontiers, did their utmost to prevent the excesses which were committed, and to allay the excitement; and every one is aware how unavailing were their efforts.

The magazines were broken open, the field-pieces and muskets taken possession of; large subscriptions of money poured in from every quarter; farmers sent waggon-loads of pigs, corn, and buffalos, to support the insurgents. No one would, indeed no one could, act against the will of the majority, and these officers found themselves left to their individual and useless exertions.

The militia at Detroit were ordered out: they could not refuse to obey the summons, as they were individually liable to fine and imprisonment; but as they said, very truly, ”You may call us out, but when we come into action we will point our muskets in which direction we please.”

Indeed, they did a.s.sist the insurgents and fire at our people; and when the insurgents were defeated, one of the drums which they had with them, and which was captured by our troops, was marked with the name of the militia corps which had been called out to repel them.

When the people are thus above the law, it is of very little consequence whether the law is more or less weak; at present the Federal Government is a mere cypher when opposed by the majority. Have, then, the Americans improved upon us in this point? It is generally admitted that a strong and vigorous government, which can act when it is necessary to restrain the pa.s.sions of men under excitement, is most favourable to social order and happiness; but, on the contrary, when the dormant power of the executive should be brought into action, all that the Federal Government can do is to become a pa.s.sive spectator or a disregarded suppliant.