American Institutions and Their InfluenceTocqueville, Alexis de
History
American Institutions and Their Influence
Tocqueville, Alexis de
Democracy; United States -- Politics and government
Some years ago several pious individuals undertook to meliorate the
condition of the prisons. The public was excited by the statements
which they put forward, and the regeneration of criminals became a very
popular undertaking. New prisons were built; and, for the first time,
the idea of reforming as well as of punishing the delinquent, formed
a part of prison discipline. But this happy alteration, in which the
public had taken so hearty an interest, and which the exertions of
the citizens had irresistibly accelerated, could not be completed in a
moment. While the new penitentiaries were being erected (and it was the
pleasure of the majority they should be terminated with all possible
celerity), the old prisons existed, which still contained a great number
of offenders. These jails became more unwholesome and more corrupt
in proportion as the new establishments were beautified and improved,
forming a contrast which may readily be understood. The majority was so
eagerly employed in founding the new prisons, that those which already
existed were forgotten; and as the general attention was diverted to a
novel object, the care which had hitherto been bestowed upon the others
ceased. The salutary regulations of discipline were first relaxed, and
afterward broken; so that in the immediate neighborhood of a prison
which bore witness to the mild and enlightened spirit of our time,
dungeons might be met with, which reminded the visitor of the barbarity
of the middle ages.
* * * * *
TYRANNY OF THE MAJORITY.
How the Principle of the Sovereignty of the People is to be
understood.--Impossibility of conceiving a mixed Government.--The
sovereign Power must centre somewhere.--Precautions to be taken to
control its Action.--These Precautions have not been taken in the United
States.--Consequences.
I hold it to be an impious and an execrable maxim that, politically
speaking, a people has a right to do whatsoever it pleases; and yet I
have asserted that all authority originates in the will of the majority.
Am I, then, in contradiction with myself?
A general law--which bears the name of justice--has been made and
sanctioned, not only by a majority of this or that people, but by
a majority of mankind. The rights of every people are consequently
confined within the limits of what is just. A nation may be considered
in the light of a jury which is empowered to represent society at large,
and to apply the great and general law of justice. Ought such a jury,
which represents society, to have more power than the society in which
the laws it applies originate?
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