American Institutions and Their Influence Part 23

In nations in which the principle of election extends to every place in the state, no political career can, properly speaking, be said to exist.

Men are promoted as if by chance to the rank which they enjoy, and they are by no means sure of retaining it. The consequence is that in tranquil times public functions offer but few lures to ambition. In the United States the persons who engage in the perplexities of political life are individuals of very moderate pretensions. The pursuit of wealth generally diverts men of great talents and of great pa.s.sions from the pursuit of power; and it very frequently happens that a man does not undertake to direct the fortune of the state until he has discovered his incompetence to conduct his own affairs. The vast number of very ordinary men who occupy public stations is quite as attributable to these causes as to the bad choice of the democracy. In the United States, I am not sure that the people would return the men of superior abilities who might solicit its support, but it is certain that men of this description do not come forward.

ARBITRARY POWER OF MAGISTRATES[164] UNDER THE RULE OF AMERICAN DEMOCRACY.

For what Reason the arbitrary Power of Magistrates is greater in absolute Monarchies and in democratic Republics that it is in limited Monarchies.--Arbitrary Power of the Magistrates in New England.

In two different kinds of government the magistrates exercise a considerable degree of arbitrary power; namely, under the absolute government of a single individual, and under that of a democracy.

This identical result proceeds from causes which are nearly a.n.a.logous.

In despotic states the fortune of no citizen is secure; and public officers are not more safe than private individuals. The sovereign, who has under his control the lives, the property, and sometimes the honor of the men whom he employs, does not scruple to allow them a great lat.i.tude of action, because he is convinced that they will not use it to his prejudice. In despotic states the sovereign is so attached to the exercise of his power, that he dislikes the constraint even of his own regulations; and he is well pleased that his agents should follow a somewhat fortuitous line of conduct, provided he be certain that their actions will never counteract his desires.

In democracies, as the majority has every year the right of depriving the officers whom it has appointed of their power, it has no reason to fear abuse of their authority. As the people is always able to signify its wishes to those who conduct the government, it prefers leaving them to make their own exertions, to prescribing an invariable rule of conduct which would at once fetter their activity and the popular authority.

It may even be observed, on attentive consideration, that under the rule of a democracy the arbitrary power of the magistrate must be still greater than in despotic states. In the latter, the sovereign has the power of punis.h.i.+ng all the faults with which he becomes acquainted, but it would be vain for him to hope to become acquainted with all those which are committed. In the former the sovereign power is not only supreme, but it is universally present. The American functionaries are, in point of fact, much more independent in the sphere of action which the law traces out for them, than any public officer in Europe. Very frequently the object which they are to accomplish is simply pointed out to them, and the choice of the means is left to their own discretion.

In New England, for instance, the selectmen of each towns.h.i.+p are bound to draw up the list of persons who are to serve on the jury; the only rule which is laid down to guide them in their choice is that they are to select citizens possessing the elective franchise and enjoying a fair reputation.[165] In France the lives and liberties of the subjects would be thought to be in danger, if a public officer of any kind was intrusted with so formidable a right. In New England, the same magistrates are empowered to post the names of habitual drunkards in public houses, and to prohibit the inhabitants of a town from supplying them with liquor.[166] A censorial power of this excessive kind would be revolting to the population of the most absolute monarchies; here, however, it is submitted to without difficulty.

Nowhere has so much been left by the law to the arbitrary determination of the magistrates as in democratic republics, because this arbitrary power is unattended by any alarming consequences. It may even be a.s.serted that the freedom of the magistrate increases as the elective franchise is extended, and as the duration of the time of office is shortened. Hence arises the great difficulty which attends the conversion of a democratic republic into a monarchy. The magistrate ceases to be elective, but he retains the rights and the habits of an elected officer, which lead directly to despotism.

It is only in limited monarchies that the law which prescribes the sphere in which public officers are to act, superintends all their measures. The cause of this may be easily detected. In limited monarchies the power is divided between the king and the people, both of whom are interested in the stability of the magistrate. The king does not venture to place the public officers under the control of the people, lest they should be tempted to betray his interests; on the other hand, the people fears lest the magistrates should serve to oppress the liberties of the country, if they were entirely dependent upon the crown: they cannot therefore be said to depend on either the one or the other. The same cause which induces the king and the people to render public officers independent, suggests the necessity of such securities as may prevent their independence from encroaching upon the authority of the former and the liberties of the latter. They consequently agree as to the necessity of restricting the functionary to a line of conduct laid down beforehand, and they are interested in confining him by certain regulations which he cannot evade.

[The observations respecting the arbitrary powers of magistrates are practically among the most erroneous in the work. The author seems to have confounded the idea of magistrates being _independent_ with their being arbitrary. Yet he had just before spoken of their dependance on popular election as a reason why there was no apprehension of the abuse of their authority. The independence, then, to which he alludes must be an immunity from responsibility to any other department. But it is a fundamental principle of our system, that all officers are liable to criminal prosecution "whenever they act partially or oppressively from a malicious or corrupt motive." See 15 Wendell's Reports, 278. That our magistrates are independent when they do not act partially or oppressively is very true, and, it is to be hoped, is equally true in every form of government. There would seem, therefore, not to be such a degree of independence as necessarily to produce arbitrariness. The author supposes that magistrates are more arbitrary in a despotism and in a democracy than in a limited monarchy. And yet, the limits of independence and of responsibility existing in the United States are borrowed from and identical with those established in England--the most prominent instance of a limited monarchy. See the authorities referred to in the case in Wendell's Reports, before quoted. Discretion in the execution of various ministerial duties, and in the awarding of punishment by judicial officers, is indispensable in every system of government, from the utter impossibility of "laying down beforehand a line of conduct" (as the author expresses it) in such cases. The very instances of discretionary power to which he refers, and which he considers _arbitrary_, exist in England. There, the persons from whom juries are to be formed for the trial of causes, civil and criminal, are selected by the sheriffs, who are appointed by the crown--a power, certainly more liable to abuse in their hands, than in those of selectmen or other town-officers, chosen annually by the people.

The other power referred to, that of posting the names of habitual drunkards, and forbidding their being supplied with liquor, is but a reiteration of the principles contained in the English statute of 32 Geo. III., ch. 45, respecting idle and disorderly persons. Indeed it may be said with great confidence, that there is not an instance of discretionary power being vested in American magistrates which does not find its prototype in the English laws. The whole argument of the author on this point, therefore, would seem to fail.--_American Editor_.]

INSTABILITY OF THE ADMINISTRATION IN THE UNITED STATES.

In America the public Acts of a Community frequently leave fewer Traces than the Occurrences of a Family.--Newspapers the only historical Remains.--Instability of the Administration prejudicial to the Art of Government.

The authority which public men possess in America is so brief, and they are so soon commingled with the ever-changing population of the country, that the acts of a community frequently leave fewer traces than the occurrences of a private family. The public administration is, so to speak, oral and traditionary. But little is committed to writing, and that little is wafted away for ever, like the leaves of the sibyl, by the smallest breeze.

The only historical remains in the United States are the newspapers; but if a number be wanting, the chain of time is broken, and the present is severed from the past. I am convinced that in fifty years it will be more difficult to collect authentic doc.u.ments concerning the social condition of the Americans at the present day, than it is to find remains of the administration of France during the middle ages; and if the United States were ever invaded by barbarians, it would be necessary to have recourse to the history of other nations, in order to learn anything of the people which now inhabits them.

The instability of the administration has penetrated into the habits of the people: it even appears to suit the general taste, and no one cares for what occurred before his time. No methodical system is pursued; no archives are formed; and no doc.u.ments are brought together when it would be very easy to do so. Where they exist little store is set upon them; and I have among my papers several original public doc.u.ments which were given to me in answer to some of my inquiries. In America society seems to live from hand to mouth, like an army in the field. Nevertheless, the art of administration may undoubtedly be ranked as a science, and no sciences can be improved, if the discoveries and observations of successive generations are not connected together in the order in which they occur. One man, in the short s.p.a.ce of his life, remarks a fact; another conceives an idea; the former invents a means of execution, the latter reduces a truth to a fixed proposition; and mankind gathers the fruits of individual experience upon its way, and gradually forms the sciences. But the persons who conduct the administration in America can seldom afford any instruction to each other; and when they a.s.sume the direction of society, they simply possess those attainments which are most widely disseminated in the community, and no experience peculiar to themselves. Democracy, carried to its farthest limits, is therefore prejudicial to the art of government; and for this reason it is better adapted to a people already versed in the conduct of an administration, than to a nation which is uninitiated in public affairs.

This remark, indeed, is not exclusively applicable to the science of administration. Although a democratic government is founded upon a very simple and natural principle, it always presupposes the existence of a high degree of culture and enlightenment in society.[167] At the first glance it may be imagined to belong to the earliest ages of the world; but maturer observation will convince us that it could only come last in the succession of human history.

[These remarks upon the "instability of administration" in America, are partly correct, but partly erroneous. It is certainly true that our public men are not educated to the business of government; even our diplomatists are selected with very little reference to their experience in that department. But the universal attention that is paid by the intelligent, to the measures of government and to the discussions to which they give rise, is in itself no slight preparation for the ordinary duties of legislation. And, indeed, this the author subsequently seems to admit. As to there being "no archives formed"

of public doc.u.ments, the author is certainly mistaken. The journals of congress, the journals of state legislatures, the public doc.u.ments transmitted to and originating in those bodies, are carefully preserved and disseminated through the nation: and they furnish in themselves the materials of a full and accurate history. Our great defect, doubtless, is in the want of statistical information. Excepting the annual reports of the state of our commerce, made by the secretary of the treasury, under law, and excepting the census which is taken every ten years under the authority of congress, and those taken by the states, we have no official statistics. It is supposed that the author had this species of information in his mind when he alluded to the general deficiency of our archives.--_American Editor_.]

CHARGES LEVIED BY THE STATE UNDER THE RULE OF THE AMERICAN DEMOCRACY.

In all Communities Citizens divisible into three Cla.s.ses.--Habits of each of these Cla.s.ses in the Direction of public Finances.--Why public Expenditures must tend to increase when the People governs.--What renders the Extravagance of a Democracy less to be feared in America.--Public Expenditure under a Democracy.

Before we can affirm whether a democratic form of government is economical or not, we must establish a suitable standard of comparison.

The question would be one of easy solution if we were to attempt to draw a parallel between a democratic republic and an absolute monarchy. The public expenditure would be found to be more considerable under the former than under the latter; such is the case with all free states compared to those which are not so. It is certain that despotism ruins individuals by preventing them from producing wealth, much more than by depriving them of the wealth they have produced: it dries up the source of riches, while it usually respects acquired property. Freedom, on the contrary, engenders far more benefits than it destroys; and the nations which are favored by free inst.i.tutions, invariably find that their resources increase even more rapidly than their taxes.

My present object is to compare free nations to each other; and to point out the influence of democracy upon the finances of a state.

Communities, as well as organic bodies, are subject to certain fixed rules in their formation which they cannot evade. They are composed of certain elements which are common to them at all times and under all circ.u.mstances. The people may always be mentally divided into three distinct cla.s.ses. The first of these cla.s.ses consists of the wealthy; the second, of those who are in easy circ.u.mstances; and the third is composed of those who have little or no property, and who subsist more especially by the work which they perform for the two superior orders.

The proportion of the individuals who are included in these three divisions may vary according to the condition of society; but the divisions themselves can never be obliterated.

It is evident that each of these cla.s.ses will exercise an influence, peculiar to its own propensities, upon the administration of the finances of the state. If the first of the three exclusively possess the legislative power, it is probable that it will not be sparing of the public funds, because the taxes which are levied on a large fortune only tend to diminish the sum of superfluous enjoyment, and are, in point of fact, but little felt. If the second cla.s.s has the power of making the laws, it will certainly not be lavish of taxes, because nothing is so onerous as a large impost which is levied upon a small income.

The government of the middle cla.s.ses appears to me to be the most economical, though perhaps not the most enlightened, and certainly not the most generous, of free governments.

But let us now suppose that the legislative authority is vested in the lowest orders: there are two striking reasons which show that the tendency of the expenditure will be to increase, not to diminish.

As the great majority of those who create the laws are possessed of no property upon which taxes can be imposed, all the money which is spent for the community appears to be spent to their advantage, at no cost of their own; and those who are possessed of some little property readily find means of regulating the taxes so that they are burthensome to the wealthy and profitable to the poor, although the rich are unable to take the same advantage when they are in possession of the government.

In countries in which the poor[168] should be exclusively invested with the power of making the laws, no great economy of public expenditure ought to be expected; that expenditure will always be considerable; either because the taxes do not weigh upon those who levy them, or because they are levied in such a manner as not to weigh upon those cla.s.ses. In other words, the government of the democracy is the only one under which the power which lays on taxes escapes the payment of them.

It may be objected (but the argument has no real weight) that the true interest of the people is indissolubly connected with that of the wealthier portion of the community, since it cannot but suffer by the severe measures to which it resorts. But is it not the true interest of kings to render their subjects happy; and the true interest of n.o.bles to admit recruits into their order on suitable grounds? If remote advantages had power to prevail over the pa.s.sions and the exigencies of the moment, no such thing as a tyrannical sovereign or an exclusive aristocracy could ever exist.

Again, it may be objected that the poor are never invested with the sole power of making the laws; but I reply, that wherever universal suffrage has been established, the majority of the community unquestionably exercises the legislative authority, and if it be proved that the poor always const.i.tute the majority, it may be added, with perfect truth, that in the countries in which they possess the elective franchise, they possess the sole power of making laws. But it is certain that in all the nations of the world the greater number has always consisted of those persons who hold no property, or of those whose property is insufficient to exempt them from the necessity of working in order to procure an easy subsistence. Universal suffrage does therefore in point of fact invest the poor with the government of society.

The disastrous influence which popular authority may sometimes exercise upon the finances of a state, was very clearly seen in some of the democratic republics of antiquity, in which the public treasure was exhausted in order to relieve indigent citizens, or to supply the games and theatrical amus.e.m.e.nts of the populace. It is true that the representative system was then very imperfectly known, and that, at the present time, the influence of popular pa.s.sions is less felt in the conduct of public affairs; but it may be believed that the delegate will in the end conform to the principles of his const.i.tuents, and favor their propensities as much as their interests.

The extravagance of democracy is, however, less to be dreaded in proportion as the people acquires a share of property, because on the one hand the contributions of the rich are then less needed, and on the other, it is more difficult to lay on taxes which do not affect the interests of the lower cla.s.ses. On this account universal suffrage would be less dangerous in France than in England, because in the latter country the property on which taxes may be levied is vested in fewer hands. America, where the great majority of the citizens is possessed of some fortune, is in a still more favorable position than France.

There are still farther causes which may increase the sum of public expenditures in democratic countries. When the aristocracy governs, the individuals who conduct the affairs of state are exempted, by their own station in society, from every kind of privation: they are contented with their position; power and renown are the objects for which they strive; and, as they are placed far above the obscurer throng of citizens, they do not always distinctly perceive how the wellbeing of the ma.s.s of the people ought to redound to their own honor. They are not indeed, callous to the sufferings of the poor, but they cannot feel those miseries as acutely as if they were themselves partakers of them.

Provided that the people appear to submit to its lot, the rulers are satisfied and they demand nothing farther from the government. An aristocracy is more intent upon the means of maintaining its influence, than upon the means of improving its condition.

When, on the contrary, the people is invested with the supreme authority, the perpetual sense of their own miseries impels the rulers of society to seek for perpetual meliorations. A thousand different objects are subjected to improvement; the most trivial details are sought out as susceptible of amendment; and those changes which are accompanied with considerable expense, are more especially advocated, since the object is to render the condition of the poor more tolerable, who cannot pay for themselves.

Moreover, all democratic communities are agitated by an ill-defined excitement, and by a kind of feverish impatience, that engenders a mult.i.tude of innovations, almost all of which are attended with expense.

In monarchies and aristocracies, the natural taste which the rulers have for power and for renown, is stimulated by the promptings of ambition, and they are frequently incited by these temptations to very costly undertakings. In democracies, where the rulers labor under privations, they can only be courted by such means as improve their wellbeing, and these improvements cannot take place without a sacrifice of money. When a people begins to reflect upon its situation, it discovers a mult.i.tude of wants, to which it had not before been subject, and to satisfy these exigencies, recourse must be had to the coffers of the state. Hence it arises, that the public charges increase in proportion as civilisation spreads, and that the imposts are augmented as knowledge pervades the community.

The last cause which frequently renders a democratic government dearer than any other is, that a democracy does not always succeed in moderating its expenditure, because it does not understand the art of being economical. As the designs which it entertains are frequently changed, and the agents of those designs are more frequently removed, its undertakings are often ill-conducted or left unfinished; in the former case the state spends sums out of all proportion to the end which it proposes to accomplish; in the second, the expense itself is unprofitable.

TENDENCIES OF THE AMERICAN DEMOCRACY AS REGARDS THE SALARIES OF PUBLIC OFFICERS.

In Democracies those who establish high Salaries have no Chance of profiting by them.--Tendency of the American Democracy to increase the Salaries of subordinate Officers, and to lower those of the more important functionaries.--Reason of this.--Comparative Statement of the Salaries of public Officers in the United States and in France.

There is a powerful reason which usually induces democracies to economise upon the salaries of public officers. As the number of citizens who dispense the remuneration is extremely large in democratic countries, so the number of persons who can hope to be benefited by the receipt of it is comparatively small. In aristocratic countries, on the contrary, the individuals who appoint high salaries, have almost always a vague hope of profiting by them. These appointments may be looked upon as a capital which they create for their own use, or at least, as a resource for their children.

It must, however, be allowed that a democratic state is most parsimonious toward its princ.i.p.al agents. In America the secondary officers are much better paid, and the dignitaries of the administration much worse than they are elsewhere.

These opposite effects result from the same cause: the people fixes the salaries of the public officers in both cases; and the scale of remuneration is determined by the consideration of its own wants. It is held to be fair that the servants of the public should be placed in the same easy circ.u.mstances as the public itself;[169] but when the question turns upon the salaries of the great officers of state, this rule fails, and chance alone can guide the popular decision. The poor have no adequate conceptions of the wants which the higher cla.s.ses of society may feel. The sum which is scanty to the rich, appears enormous to the poor man, whose wants do not extend beyond the necessaries of life: and in his estimation the governor of a state, with his two or three hundred a year, is a very fortunate and enviable being.[170] If you undertake to convince him that the representative of a great people ought to be able to maintain some show of splendor in the eyes of foreign nations, he will perhaps a.s.sent to your meaning; but when he reflects on his own humble dwelling, and on the hard-earned produce of his wearisome toil, he remembers all that he could do with a salary which you say is insufficient, and he is startled or almost frightened at the sight of such uncommon wealth. Besides, the secondary public officer is almost on a level with the people, while the others are raised above it. The former may therefore excite his interest, but the latter begins to arouse his envy.