American Institutions and Their InfluenceTocqueville, Alexis de
History
American Institutions and Their Influence
Tocqueville, Alexis de
Democracy; United States -- Politics and government
There is reason to complain not only of the ambiguity, but of the style
of exaggeration which pervades all the remarks of the author on this
subject--so different from the well considered and nicely adjusted
language employed by him on all other topics. Thus, p. 262, he implies
that there is no means of redress afforded even by the judiciary, for a
wrong committed by the majority. His error is, _first_, in supposing the
jury to constitute the judicial power; _second_, overlooking what he has
himself elsewhere so well described, the independence of the judiciary,
and its means of controlling the action of a majority in a state or
in the federal government; and _thirdly_, in omitting the proper
consideration of the frequent changes of popular sentiment by which the
majority of yesterday becomes the minority of to-day, and its acts of
injustice are reversed.
Certain it is that the instances which he cites at this page, do not
establish his position respecting the disposition of the majority. The
riot at Baltimore was, like other riots in England and in France, the
result of popular phrensy excited to madness by conduct of the
most provoking character. The majority in the state of Maryland and
throughout the United States, highly disapproved the acts of violence
committed on the occasion. The acquittal by a jury of those arraigned
for the murder of General Lingan, proves only that there was not
sufficient evidence to identify the accused, or that the jury was
governed by passion. It is not perceived how the majority of the people
are answerable for the verdicts rendered. The guilty have often been
erroneously acquitted in all countries, and in France particularly,
recent instances are not wanting of acquittals especially in
prosecutions for political offences, against clear and indisputable
testimony. And it was entirely fortuitous that the jury was composed of
men whose sympathies were with the rioters and murderers, if the
fact was so. It not unfrequently happens that a jury taken from lists
furnished years perhaps, and always a long time, before the trial, are
decidedly hostile to the temporary prevailing sentiments of their city,
county, or state.
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