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
u
[ For instance, the Union possesses by the Constitution the right of
selling unoccupied lands for its own profit. Supposing that the State
of Ohio should claim the same right in behalf of certain territories
lying within its boundaries, upon the plea that the Constitution refers
to those lands alone which do not belong to the jurisdiction of any
particular State, and consequently should choose to dispose of them
itself, the litigation would be carried on in the names of the
purchasers from the State of Ohio and the purchasers from the Union,
and not in the names of Ohio and the Union. But what would become of
this legal fiction if the Federal purchaser was confirmed in his right
by the courts of the Union, whilst the other competitor was ordered to
retain possession by the tribunals of the State of Ohio?]
He would have but a partial knowledge of the world who should imagine
that it is possible, by the aid of legal fictions, to prevent men from
finding out and employing those means of gratifying their passions
which have been left open to them; and it may be doubted whether the
American legislators, when they rendered a collision between the two
sovereigns less probable, destroyed the cause of such a misfortune. But
it may even be affirmed that they were unable to ensure the
preponderance of the Federal element in a case of this kind. The Union
is possessed of money and of troops, but the affections and the
prejudices of the people are in the bosom of the States. The
sovereignty of the Union is an abstract being, which is connected with
but few external objects; the sovereignty of the States is hourly
perceptible, easily understood, constantly active; and if the former is
of recent creation, the latter is coeval with the people itself. The
sovereignty of the Union is factitious, that of the States is natural,
and derives its existence from its own simple influence, like the
authority of a parent. The supreme power of the nation only affects a
few of the chief interests of society; it represents an immense but
remote country, and claims a feeling of patriotism which is vague and
ill defined; but the authority of the States controls every individual
citizen at every hour and in all circumstances; it protects his
property, his freedom, and his life; and when we recollect the
traditions, the customs, the prejudices of local and familiar
attachment with which it is connected, we cannot doubt of the
superiority of a power which is interwoven with every circumstance that
renders the love of one’s native country instinctive in the human
heart.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account