American Institutions and Their InfluenceTocqueville, Alexis de
History
American Institutions and Their Influence
Tocqueville, Alexis de
Democracy; United States -- Politics and government
passions of parties. If political judges in the United States cannot
inflict such heavy penalties as those of Europe, there is the less
chance of their acquitting a prisoner; and the conviction, if it is
less formidable, is more certain. The principal object of the political
tribunals of Europe is to punish the offender; the purpose of those in
America is to deprive him of his authority. A political condemnation
in the United States may, therefore, be looked upon as a preventive
measure; and there is no reason for restricting the judges to the exact
definitions of criminal law. Nothing can be more alarming than the
excessive latitude with which political offences are described in the
laws of America. Article II., section iv., of the constitution of the
United States runs thus: "The president, vice-president, and all the
civil officers of the United States shall be removed from office on
impeachment for, and conviction of, treason, bribery, _or other high
crimes and misdemeanors_." Many of the constitutions of the states
are even less explicit. "Public officers," says the constitution
of Massachusetts,[116] "shall be impeached for misconduct or
mal-administration." The constitution of Virginia declares that all
the civil officers who shall have offended against the state by
mal-administration, corruption, or other high crimes, may be impeached
by the house of delegates: in some constitutions no offences are
specified, in order to subject the public functionaries to an unlimited
responsibility.[117] But I will venture to affirm, that it is precisely
their mildness which renders the American laws most formidable in this
respect. We have shown that in Europe the removal of a functionary and
his political interdiction are consequences of the penalty he is to
undergo, and that in America they constitute the penalty itself. The
result is, that in Europe political tribunals are invested with rights
which they are afraid to use, and that the fear of punishing too much
hinders them from punishing at all. But in America no one hesitates
to inflict a penalty from which humanity does not recoil. To condemn a
political opponent to death, in order to deprive him of his power, is
to commit what all the world would execrate as a horrible assassination;
but to declare that opponent unworthy to exercise that authority, to
deprive him of it, and to leave him uninjured in life and liberty, may
appear to be the fair issue of the struggle. But this sentence, which is
so easy to pronounce, is not the less fatally severe to the majority of
those upon whom it is inflicted. Great criminals may undoubtedly
brave its intangible rigor, but ordinary offenders will dread it as a
condemnation which destroys their position in the world, casts a blight
upon their honor, and condemns them to a shameful inactivity worse than
death. The influence exercised in the United States upon the progress
of society by the jurisdiction of political bodies may not appear to be
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