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
I said one day to an inhabitant of Pennsylvania, “Be so good as to
explain to me how it happens that in a State founded by Quakers, and
celebrated for its toleration, freed blacks are not allowed to exercise
civil rights. They pay the taxes; is it not fair that they should have
a vote?”
“You insult us,” replied my informant, “if you imagine that our
legislators could have committed so gross an act of injustice and
intolerance.”
“What! then the blacks possess the right of voting in this county?”
“Without the smallest doubt.”
“How comes it, then, that at the polling-booth this morning I did not
perceive a single negro in the whole meeting?”
“This is not the fault of the law: the negroes have an undisputed right
of voting, but they voluntarily abstain from making their appearance.”
“A very pretty piece of modesty on their parts!” rejoined I.
“Why, the truth is, that they are not disinclined to vote, but they are
afraid of being maltreated; in this country the law is sometimes unable
to maintain its authority without the support of the majority. But in
this case the majority entertains very strong prejudices against the
blacks, and the magistrates are unable to protect them in the exercise
of their legal privileges.”
“What! then the majority claims the right not only of making the laws,
but of breaking the laws it has made?”]
If, on the other hand, a legislative power could be so constituted as
to represent the majority without necessarily being the slave of its
passions; an executive, so as to retain a certain degree of
uncontrolled authority; and a judiciary, so as to remain independent of
the two other powers; a government would be formed which would still be
democratic without incurring any risk of tyrannical abuse.
I do not say that tyrannical abuses frequently occur in America at the
present day, but I maintain that no sure barrier is established against
them, and that the causes which mitigate the government are to be found
in the circumstances and the manners of the country more than in its
laws.
Effects Of The Unlimited Power Of The Majority Upon The Arbitrary
Authority Of The American Public Officers
Liberty left by the American laws to public officers within a certain
sphere—Their power.
A distinction must be drawn between tyranny and arbitrary power.
Tyranny may be exercised by means of the law, and in that case it is
not arbitrary; arbitrary power may be exercised for the good of the
community at large, in which case it is not tyrannical. Tyranny usually
employs arbitrary means, but, if necessary, it can rule without them.
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