American Institutions and Their InfluenceTocqueville, Alexis de
History
American Institutions and Their Influence
Tocqueville, Alexis de
Democracy; United States -- Politics and government
When the equal partition of property is established by law, the intimate
connection is destroyed between family feeling and the preservation of
the paternal estate; the property ceases to represent the family; for,
as it must inevitably be divided after one or two generations, it
has evidently a constant tendency to diminish, and must in the end be
completely dispersed. The sons of the great landed proprietor, if they
are few in number, or if fortune befriend them, may indeed entertain the
hope of being as wealthy as their father, but not that of possessing the
same property as he did; their riches must necessarily be composed of
elements different from his.
Now, from the moment when you divest the land-owner of that interest in
the preservation of his estate which he derives from association, from
tradition, and from family pride, you may be certain that sooner or
later he will dispose of it; for there is a strong pecuniary interest in
favor of selling, as floating capital produces higher interest than real
property, and is more readily available to gratify the passions of the
moment.
Great landed estates which have once been divided, never come together
again; for the small proprietor draws from his land a better revenue in
proportion, than the large owner does from his; and of course he sells
it at a higher rate.[58] The calculations of gain, therefore, which
decided the rich man to sell his domain, will still more powerfully
influence him against buying small estates to unite them into a large
one.
What is called family pride is often founded upon an illusion of
self-love. A man wishes to perpetuate and immortalize himself, as it
were, in his great-grandchildren. Where the _esprit de famille_ ceases
to act, individual selfishness comes into play. When the idea of family
becomes vague, indeterminate, and uncertain, a man thinks of his
present convenience; he provides for the establishment of the succeeding
generation, and no more.
Either a man gives up the idea of perpetuating his family, or at any
rate he seeks to accomplish it by other means than that of a landed
estate.
Thus not only does the law of partible inheritance render it difficult
for families to preserve their ancestral domains entire, but it deprives
them of the inclination to attempt it, and compels them in some measure
to co-operate with the law in their own extinction.
The law of equal distribution proceeds by two methods: by acting upon
things, it acts upon persons; by influencing persons, it affects things.
By these means the law succeeds in striking at the root of landed
property, and dispersing rapidly both families and fortunes.[59]
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