Democracy In America, vol 1 by Alexis de Tocqueville (readnow .TXT) 📖

seemed to extend, rather than to repress, the federal sovereignty; and the Union offered, in several respects, the appearance of a single and undivided people, directed in its foreign and internal policy by a single Government. But to attain this point the people had risen, to a certain extent, above itself.

[Footnote v: [Since 1861 the movement is certainly in the opposite direction, and the federal power has largely increased, and tends to further increase.]]

The Constitution had not destroyed the distinct sovereignty of the States; and all communities, of whatever nature they may be, are impelled by a secret propensity to assert their independence. This propensity is still more decided in a country like America, in which every village forms a sort of republic accustomed to conduct its own affairs. It therefore cost the States an effort to submit to the federal supremacy; and all efforts, however successful they may be, necessarily subside with the causes in which they originated.

As the Federal Government consolidated its authority, America resumed its rank amongst the nations, peace returned to its frontiers, and public credit was restored; confusion was succeeded by a fixed state of things, which was favorable to the full and free exercise of industrious enterprise. It was this very prosperity which made the Americans forget the cause to which it was attributable; and when once the danger was passed, the energy and the patriotism which had enabled them to brave it disappeared from amongst them. No sooner were they delivered from the cares which oppressed them, than they easily returned to their ordinary habits, and gave themselves up without resistance to their natural inclinations. When a powerful Government no longer appeared to be necessary, they once more began to think it irksome. The Union encouraged a general prosperity, and the States were not inclined to abandon the Union; but they desired to render the action of the power which represented that body as light as possible. The general principle of Union was adopted, but in every minor detail there was an actual tendency to independence. The principle of confederation was every day more easily admitted, and more rarely applied; so that the Federal Government brought about its own decline, whilst it was creating order and peace.

As soon as this tendency of public opinion began to be manifested externally, the leaders of parties, who live by the passions of the people, began to work it to their own advantage. The position of the Federal Government then became exceedingly critical. Its enemies were in possession of the popular favor; and they obtained the right of conducting its policy by pledging themselves to lessen its influence.

From that time forwards the Government of the Union has invariably been obliged to recede, as often as it has attempted to enter the lists with the governments of the States. And whenever an interpretation of the terms of the Federal Constitution has been called for, that interpretation has most frequently been opposed to the Union, and favorable to the States.

The Constitution invested the Federal Government with the right of providing for the interests of the nation; and it had been held that no other authority was so fit to superintend the “internal improvements”

which affected the prosperity of the whole Union; such, for instance, as the cutting of canals. But the States were alarmed at a power, distinct from their own, which could thus dispose of a portion of their territory; and they were afraid that the central Government would, by this means, acquire a formidable extent of patronage within their own confines, and exercise a degree of influence which they intended to reserve exclusively to their own agents. The Democratic party, which has constantly been opposed to the increase of the federal authority, then accused the Congress of usurpation, and the Chief Magistrate of ambition. The central Government was intimidated by the opposition; and it soon acknowledged its error, promising exactly to confine its influence for the future within the circle which was prescribed to it.

The Constitution confers upon the Union the right of treating with foreign nations. The Indian tribes, which border upon the frontiers of the United States, had usually been regarded in this light. As long as these savages consented to retire before the civilized settlers, the federal right was not contested: but as soon as an Indian tribe attempted to fix its dwelling upon a given spot, the adjacent States claimed possession of the lands and the rights of sovereignty over the natives. The central Government soon recognized both these claims; and after it had concluded treaties with the Indians as independent nations, it gave them up as subjects to the legislative tyranny of the States. *w [Footnote w: See in the Legislative Documents, already quoted in speaking of the Indians, the letter of the President of the United States to the Cherokees, his correspondence on this subject with his agents, and his messages to Congress.]

Some of the States which had been founded upon the coast of the Atlantic, extended indefinitely to the West, into wild regions where no European had ever penetrated. The States whose confines were irrevocably fixed, looked with a jealous eye upon the unbounded regions which the future would enable their neighbors to explore. The latter then agreed, with a view to conciliate the others, and to facilitate the act of union, to lay down their own boundaries, and to abandon all the territory which lay beyond those limits to the confederation at large.

*x Thenceforward the Federal Government became the owner of all the uncultivated lands which lie beyond the borders of the thirteen States first confederated. It was invested with the right of parcelling and selling them, and the sums derived from this source were exclusively reserved to the public treasure of the Union, in order to furnish supplies for purchasing tracts of country from the Indians, for opening roads to the remote settlements, and for accelerating the increase of civilization as much as possible. New States have, however, been formed in the course of time, in the midst of those wilds which were formerly ceded by the inhabitants of the shores of the Atlantic. Congress has gone on to sell, for the profit of the nation at large, the uncultivated lands which those new States contained. But the latter at length asserted that, as they were now fully constituted, they ought to enjoy the exclusive right of converting the produce of these sales to their own use. As their remonstrances became more and more threatening, Congress thought fit to deprive the Union of a portion of the privileges which it had hitherto enjoyed; and at the end of 1832 it passed a law by which the greatest part of the revenue derived from the sale of lands was made over to the new western republics, although the lands themselves were not ceded to them. *y

[Footnote x: The first act of session was made by the State of New York in 1780; Virginia, Massachusetts, Connecticut, South and North Carolina, followed this example at different times, and lastly, the act of cession of Georgia was made as recently as 1802.]

[Footnote y: It is true that the President refused his assent to this law; but he completely adopted it in principle. (See Message of December 8, 1833.)]

The slightest observation in the United States enables one to appreciate the advantages which the country derives from the bank. These advantages are of several kinds, but one of them is peculiarly striking to the stranger. The banknotes of the United States are taken upon the borders of the desert for the same value as at Philadelphia, where the bank conducts its operations. *z

[Footnote z: The present Bank of the United States was established in 1816, with a capital of $35,000,000; its charter expires in 1836. Last year Congress passed a law to renew it, but the President put his veto upon the bill. The struggle is still going on with great violence on either side, and the speedy fall of the bank may easily be foreseen. [It was soon afterwards extinguished by General Jackson.]]

The Bank of the United States is nevertheless the object of great animosity. Its directors have proclaimed their hostility to the President: and they are accused, not without some show of probability, of having abused their influence to thwart his election. The President therefore attacks the establishment which they represent with all the warmth of personal enmity; and he is encouraged in the pursuit of his revenge by the conviction that he is supported by the secret propensities of the majority. The bank may be regarded as the great monetary tie of the Union, just as Congress is the great legislative tie; and the same passions which tend to render the States independent of the central power, contribute to the overthrow of the bank.

The Bank of the United States always holds a great number of the notes issued by the provincial banks, which it can at any time oblige them to convert into cash. It has itself nothing to fear from a similar demand, as the extent of its resources enables it to meet all claims. But the existence of the provincial banks is thus threatened, and their operations are restricted, since they are only able to issue a quantity of notes duly proportioned to their capital. They submit with impatience to this salutary control. The newspapers which they have bought over, and the President, whose interest renders him their instrument, attack the bank with the greatest vehemence. They rouse the local passions and the blind democratic instinct of the country to aid their cause; and they assert that the bank directors form a permanent aristocratic body, whose influence must ultimately be felt in the Government, and must affect those principles of equality upon which society rests in America.

The contest between the bank and its opponents is only an incident in the great struggle which is going on in America between the provinces and the central power; between the spirit of democratic independence and the spirit of gradation and subordination. I do not mean that the enemies of the bank are identically the same individuals who, on other points, attack the Federal Government; but I assert that the attacks directed against the bank of the United States originate in the same propensities which militate against the Federal Government; and that the very numerous opponents of the former afford a deplorable symptom of the decreasing support of the latter.

The Union has never displayed so much weakness as in the celebrated question of the tariff. *a The wars of the French Revolution and of 1812

had created manufacturing establishments in the North of the Union, by cutting off all free communication between America and Europe. When peace was concluded, and the channel of intercourse reopened by which the produce of Europe was transmitted to the New World, the Americans thought fit to establish a system of import duties, for the twofold purpose of protecting their incipient manufactures and of paying off the amount of the debt contracted during the war. The Southern States, which have no manufactures to encourage, and which are exclusively agricultural, soon complained of this measure. Such were the simple facts, and I do not pretend to examine in this place whether their complaints were well founded or unjust.

[Footnote a: See principally for the details of this affair, the Legislative Documents, 22d Congress, 2d Session, No. 30.]

As early as the year 1820, South Carolina declared, in a petition to Congress, that the tariff was “unconstitutional, oppressive, and unjust.” And the States of Georgia, Virginia, North Carolina, Alabama, and Mississippi subsequently remonstrated against it with more or less vigor. But Congress, far from lending an ear to these complaints, raised the scale of tariff duties in the years 1824 and 1828, and recognized anew the principle on which it was founded. A