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
In absolute governments no utility can accrue from the introduction of
extraordinary forms of procedure; the prince in whose name an offender
is prosecuted is as much the sovereign of the courts of justice as of
everything else, and the idea which is entertained of his power is of
itself a sufficient security. The only thing he has to fear is, that
the external formalities of justice should be neglected, and that his
authority should be dishonored from a wish to render it more absolute.
But in most free countries, in which the majority can never exercise
the same influence upon the tribunals as an absolute monarch, the
judicial power has occasionally been vested for a time in the
representatives of the nation. It has been thought better to introduce
a temporary confusion between the functions of the different
authorities than to violate the necessary principle of the unity of
government.
England, France, and the United States have established this political
jurisdiction by law; and it is curious to examine the different
adaptations which these three great nations have made of the principle.
In England and in France the House of Lords and the Chambre des Paris
*a constitute the highest criminal court of their respective nations,
and although they do not habitually try all political offences, they
are competent to try them all. Another political body enjoys the right
of impeachment before the House of Lords: the only difference which
exists between the two countries in this respect is, that in England
the Commons may impeach whomsoever they please before the Lords, whilst
in France the Deputies can only employ this mode of prosecution against
the ministers of the Crown.
a
[ [As it existed under the constitutional monarchy down to 1848.]]
In both countries the Upper House may make use of all the existing
penal laws of the nation to punish the delinquents.
In the United States, as well as in Europe, one branch of the
legislature is authorized to impeach and another to judge: the House of
Representatives arraigns the offender, and the Senate awards his
sentence. But the Senate can only try such persons as are brought
before it by the House of Representatives, and those persons must
belong to the class of public functionaries. Thus the jurisdiction of
the Senate is less extensive than that of the Peers of France, whilst
the right of impeachment by the Representatives is more general than
that of the Deputies. But the great difference which exists between
Europe and America is, that in Europe political tribunals are empowered
to inflict all the dispositions of the penal code, while in America,
when they have deprived the offender of his official rank, and have
declared him incapable of filling any political office for the future,
their jurisdiction terminates and that of the ordinary tribunals
begins.
Public-domain text, read in full here on John Shaqi.
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