Democracy in America — Volume 1Tocqueville, Alexis de
History
Democracy in America — Volume 1
Tocqueville, Alexis de
Democracy -- United States; United States -- Politics and government; United States -- Social conditions
Suppose, for instance, that the President of the United States has
committed the crime of high treason; the House of Representatives
impeaches him, and the Senate degrades him; he must then be tried by a
jury, which alone can deprive him of his liberty or his life. This
accurately illustrates the subject we are treating. The political
jurisdiction which is established by the laws of Europe is intended to
try great offenders, whatever may be their birth, their rank, or their
powers in the State; and to this end all the privileges of the courts
of justice are temporarily extended to a great political assembly. The
legislator is then transformed into the magistrate; he is called upon
to admit, to distinguish, and to punish the offence; and as he
exercises all the authority of a judge, the law restricts him to the
observance of all the duties of that high office, and of all the
formalities of justice. When a public functionary is impeached before
an English or a French political tribunal, and is found guilty, the
sentence deprives him ipso facto of his functions, and it may pronounce
him to be incapable of resuming them or any others for the future. But
in this case the political interdict is a consequence of the sentence,
and not the sentence itself. In Europe the sentence of a political
tribunal is to be regarded as a judicial verdict rather than as an
administrative measure. In the United States the contrary takes place;
and although the decision of the Senate is judicial in its form, since
the Senators are obliged to comply with the practices and formalities
of a court of justice; although it is judicial in respect to the
motives on which it is founded, since the Senate is in general obliged
to take an offence at common law as the basis of its sentence;
nevertheless the object of the proceeding is purely administrative. If
it had been the intention of the American legislator to invest a
political body with great judicial authority, its action would not have
been limited to the circle of public functionaries, since the most
dangerous enemies of the State may be in the possession of no functions
at all; and this is especially true in republics, where party influence
is the first of authorities, and where the strength of many a reader is
increased by his exercising no legal power.
If it had been the intention of the American legislator to give society
the means of repressing State offences by exemplary punishment,
according to the practice of ordinary justice, the resources of the
penal code would all have been placed at the disposal of the political
tribunals. But the weapon with which they are intrusted is an imperfect
one, and it can never reach the most dangerous offenders, since men who
aim at the entire subversion of the laws are not likely to murmur at a
political interdict.
Public-domain text, read in full here on John Shaqi.
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