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
It is perfectly natural that in a free country like America all the
citizens should have the right of indicting public functionaries before
the ordinary tribunals, and that all the judges should have the power
of punishing public offences. The right granted to the courts of
justice of judging the agents of the executive government, when they
have violated the laws, is so natural a one that it cannot be looked
upon as an extraordinary privilege. Nor do the springs of government
appear to me to be weakened in the United States by the custom which
renders all public officers responsible to the judges of the land. The
Americans seem, on the contrary, to have increased by this means that
respect which is due to the authorities, and at the same time to have
rendered those who are in power more scrupulous of offending public
opinion. I was struck by the small number of political trials which
occur in the United States, but I had no difficulty in accounting for
this circumstance. A lawsuit, of whatever nature it may be, is always a
difficult and expensive undertaking. It is easy to attack a public man
in a journal, but the motives which can warrant an action at law must
be serious. A solid ground of complaint must therefore exist to induce
an individual to prosecute a public officer, and public officers are
careful not to furnish these grounds of complaint when they are afraid
of being prosecuted.
This does not depend upon the republican form of American institutions,
for the same facts present themselves in England. These two nations do
not regard the impeachment of the principal officers of State as a
sufficient guarantee of their independence. But they hold that the
right of minor prosecutions, which are within the reach of the whole
community, is a better pledge of freedom than those great judicial
actions which are rarely employed until it is too late.
In the Middle Ages, when it was very difficult to overtake offenders,
the judges inflicted the most dreadful tortures on the few who were
arrested, which by no means diminished the number of crimes. It has
since been discovered that when justice is more certain and more mild,
it is at the same time more efficacious. The English and the Americans
hold that tyranny and oppression are to be treated like any other
crime, by lessening the penalty and facilitating conviction.
Public-domain text, read in full here on John Shaqi.
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