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
t
[ “New Haven Antiquities,” p. 104. See also “Hutchinson’s History,” for
several causes equally extraordinary.]
u
[ Code of 1650, pp. 50, 57.]
v
[ Ibid., p. 64.]
w
[ Ibid., p. 44.]
*
[ This was not peculiar to Connecticut. See, for instance, the law
which, on September 13, 1644, banished the Anabaptists from the State
of Massachusetts. (“Historical Collection of State Papers,” vol. i. p.
538.) See also the law against the Quakers, passed on October 14, 1656:
“Whereas,” says the preamble, “an accursed race of heretics called
Quakers has sprung up,” etc. The clauses of the statute inflict a heavy
fine on all captains of ships who should import Quakers into the
country. The Quakers who may be found there shall be whipped and
imprisoned with hard labor. Those members of the sect who should defend
their opinions shall be first fined, then imprisoned, and finally
driven out of the province.—“Historical Collection of State Papers,”
vol. i. p. 630.]
x
[ By the penal law of Massachusetts, any Catholic priest who should set
foot in the colony after having been once driven out of it was liable
to capital punishment.]
y
[ Code of 1650, p. 96.]
z
[ “New England’s Memorial,” p. 316. See Appendix, E.]
These errors are no doubt discreditable to human reason; they attest
the inferiority of our nature, which is incapable of laying firm hold
upon what is true and just, and is often reduced to the alternative of
two excesses. In strict connection with this penal legislation, which
bears such striking marks of a narrow sectarian spirit, and of those
religious passions which had been warmed by persecution and were still
fermenting among the people, a body of political laws is to be found,
which, though written two hundred years ago, is still ahead of the
liberties of our age. The general principles which are the groundwork
of modern constitutions—principles which were imperfectly known in
Europe, and not completely triumphant even in Great Britain, in the
seventeenth century—were all recognized and determined by the laws of
New England: the intervention of the people in public affairs, the free
voting of taxes, the responsibility of authorities, personal liberty,
and trial by jury, were all positively established without discussion.
From these fruitful principles consequences have been derived and
applications have been made such as no nation in Europe has yet
ventured to attempt.
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