American Institutions and Their InfluenceTocqueville, Alexis de
History
American Institutions and Their Influence
Tocqueville, Alexis de
Democracy; United States -- Politics and government
It is perfectly natural that in a free country like America all the
citizens should have the right of indicting public functionaries before
the ordinary tribunals, and that all the judges should have the power of
punishing public offences. The right granted to the courts of justice,
of judging the agents of the executive government, when they have
violated the laws, is so natural a one that it cannot be looked upon as
an extraordinary privilege. Nor do the springs of government appear to
me to be weakened in the United States by the custom which renders all
public officers responsible to the judges of the land. The Americans
seem, on the contrary, to have increased by this means that respect
which is due to the authorities, and at the same time to have rendered
those who are in power more scrupulous of offending public opinion. I
was struck by the small number of political trials which occur in
the United States; but I have no difficulty in accounting for this
circumstance. A lawsuit, of whatever nature it may be, is always a
difficult and expensive undertaking. It is easy to attack a public man
in a journal, but the motives which can warrant an action at law must be
serious. A solid ground of complaint must therefore exist, to induce an
individual to prosecute a public officer, and public officers careful
not to furnish these grounds of complaint, when they are afraid of being
prosecuted.
This does not depend upon the republican form of the American
institutions, for the same facts present themselves in England. These
two nations do not regard the impeachment of the principal officers of
state as a sufficient guarantee of their independence. But they hold
that the right of minor prosecutions, which are within the reach of the
whole community, is a better pledge of freedom than those great judicial
actions which are rarely employed until it is too late.
In the middle ages, when it was very difficult to overtake offenders,
the judges inflicted the most dreadful tortures on the few who were
arrested, which by no means diminished the number of crimes. It has
since been discovered that when justice is more certain and more mild,
it is at the same time more efficacious. The English and the Americans
hold that tyranny and oppression are to be treated like any other crime,
by lessening the penalty and facilitating conviction.
Public-domain text, read in full here on John Shaqi.
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