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
an almost irresistible impulse to the vindictive 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 4, of the Constitution of the United
States runs thus:—“The President, Vice-President, and all 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, *b “shall be impeached for misconduct or
maladministration;” the Constitution of Virginia declares that all the
civil officers who shall have offended against the State, by
maladministration, 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. *c 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 the consequences of the penalty he is to
undergo, and that in America they constitute the penalty itself. The
consequence 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
limb, may be judged to be the fair issue of the struggle. But this
sentence, which it 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
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