Democracy In America, vol 1 - Alexis de Tocqueville (snow like ashes series txt) 📗

I have shown in the proper place that the object of the Federal Constitution was not to form a league, but to create a national government. The Americans of the United States form a sole and undivided people, in all the cases which are specified by that Constitution; and upon these points the will of the nation is expressed, as it is in all constitutional nations, by the voice of the majority. When the majority has pronounced its decision, it is the duty of the minority to submit.

Such is the sound legal doctrine, and the only one which agrees with the text of the Constitution, and the known intention of those who framed it.

The partisans of Nullification in the South maintain, on the contrary, that the intention of the Americans in uniting was not to reduce themselves to the condition of one and the same people; that they meant to constitute a league of independent States; and that each State, consequently retains its entire sovereignty, if not de facto, at least de jure; and has the right of putting its own construction upon the laws of Congress, and of suspending their execution within the limits of its own territory, if they are held to be unconstitutional and unjust.

The entire doctrine of Nullification is comprised in a sentence uttered by Vice-President Calhoun, the head of that party in the South, before the Senate of the United States, in the year 1833: could: “The Constitution is a compact to which the States were parties in their sovereign capacity; now, whenever a compact is entered into by parties which acknowledge no tribunal above their authority to decide in the last resort, each of them has a right to judge for itself in relation to the nature, extent, and obligations of the instrument.” It is evident that a similar doctrine destroys the very basis of the Federal Constitution, and brings back all the evils of the old confederation, from which the Americans were supposed to have had a safe deliverance.

When South Carolina perceived that Congress turned a deaf ear to its remonstrances, it threatened to apply the doctrine of nullification to the federal tariff bill. Congress persisted in its former system; and at length the storm broke out. In the course of 1832 the citizens of South Carolina, *b named a national Convention, to consult upon the extraordinary measures which they were called upon to take; and on November 24th of the same year this Convention promulgated a law, under the form of a decree, which annulled the federal law of the tariff, forbade the levy of the imposts which that law commands, and refused to recognize the appeal which might be made to the federal courts of law.

*c This decree was only to be put in execution in the ensuing month of February, and it was intimated, that if Congress modified the tariff before that period, South Carolina might be induced to proceed no further with her menaces; and a vague desire was afterwards expressed of submitting the question to an extraordinary assembly of all the confederate States.

[Footnote b: That is to say, the majority of the people; for the opposite party, called the Union party, always formed a very strong and active minority. Carolina may contain about 47,000 electors; 30,000 were in favor of nullification, and 17,000 opposed to it.]

[Footnote c: This decree was preceded by a report of the committee by which it was framed, containing the explanation of the motives and object of the law. The following passage occurs in it, p. 34:—“When the rights reserved by the Constitution to the different States are deliberately violated, it is the duty and the right of those States to interfere, in order to check the progress of the evil; to resist usurpation, and to maintain, within their respective limits, those powers and privileges which belong to them as independent sovereign States. If they were destitute of this right, they would not be sovereign. South Carolina declares that she acknowledges no tribunal upon earth above her authority. She has indeed entered into a solemn compact of union with the other States; but she demands, and will exercise, the right of putting her own construction upon it; and when this compact is violated by her sister States, and by the Government which they have created, she is determined to avail herself of the unquestionable right of judging what is the extent of the infraction, and what are the measures best fitted to obtain justice.”]

Chapter XVIII: Future Condition Of Three Races—Part IX

In the meantime South Carolina armed her militia, and prepared for war.

But Congress, which had slighted its suppliant subjects, listened to their complaints as soon as they were found to have taken up arms. *d A law was passed, by which the tariff duties were to be progressively reduced for ten years, until they were brought so low as not to exceed the amount of supplies necessary to the Government. e Thus Congress completely abandoned the principle of the tariff; and substituted a mere fiscal impost to a system of protective duties. f The Government of the Union, in order to conceal its defeat, had recourse to an expedient which is very much in vogue with feeble governments. It yielded the point de facto, but it remained inflexible upon the principles in question; and whilst Congress was altering the tariff law, it passed another bill, by which the President was invested with extraordinary powers, enabling him to overcome by force a resistance which was then no longer to be apprehended.

[Footnote d: Congress was finally decided to take this step by the conduct of the powerful State of Virginia, whose legislature offered to serve as mediator between the Union and South Carolina. Hitherto the latter State had appeared to be entirely abandoned, even by the States which had joined in her remonstrances.]

[Footnote e: This law was passed on March 2, 1833.]

[Footnote f: This bill was brought in by Mr. Clay, and it passed in four days through both Houses of Congress by an immense majority.]

But South Carolina did not consent to leave the Union in the enjoyment of these scanty trophies of success: the same national Convention which had annulled the tariff bill, met again, and accepted the proffered concession; but at the same time it declared it unabated perseverance in the doctrine of Nullification: and to prove what it said, it annulled the law investing the President with extraordinary powers, although it was very certain that the clauses of that law would never be carried into effect.

Almost all the controversies of which I have been speaking have taken place under the Presidency of General Jackson; and it cannot be denied that in the question of the tariff he has supported the claims of the Union with vigor and with skill. I am, however, of opinion that the conduct of the individual who now represents the Federal Government may be reckoned as one of the dangers which threaten its continuance.

Some persons in Europe have formed an opinion of the possible influence of General Jackson upon the affairs of his country, which appears highly extravagant to those who have seen more of the subject. We have been told that General Jackson has won sundry battles, that he is an energetic man, prone by nature and by habit to the use of force, covetous of power, and a despot by taste. All this may perhaps be true; but the inferences which have been drawn from these truths are exceedingly erroneous. It has been imagined that General Jackson is bent on establishing a dictatorship in America, on introducing a military spirit, and on giving a degree of influence to the central authority which cannot but be dangerous to provincial liberties. But in America the time for similar undertakings, and the age for men of this kind, is not yet come: if General Jackson had entertained a hope of exercising his authority in this manner, he would infallibly have forfeited his political station, and compromised his life; accordingly he has not been so imprudent as to make any such attempt.

Far from wishing to extend the federal power, the President belongs to the party which is desirous of limiting that power to the bare and precise letter of the Constitution, and which never puts a construction upon that act favorable to the Government of the Union; far from standing forth as the champion of centralization, General Jackson is the agent of all the jealousies of the States; and he was placed in the lofty station he occupies by the passions of the people which are most opposed to the central Government. It is by perpetually flattering these passions that he maintains his station and his popularity. General Jackson is the slave of the majority: he yields to its wishes, its propensities, and its demands; say rather, that he anticipates and forestalls them.

Whenever the governments of the States come into collision with that of the Union, the President is generally the first to question his own rights: he almost always outstrips the legislature; and when the extent of the federal power is controverted, he takes part, as it were, against himself; he conceals his official interests, and extinguishes his own natural inclinations. Not indeed that he is naturally weak or hostile to the Union; for when the majority decided against the claims of the partisans of nullification, he put himself at its head, asserted the doctrines which the nation held distinctly and energetically, and was the first to recommend forcible measures; but General Jackson appears to me, if I may use the American expressions, to be a Federalist by taste, and a Republican by calculation.

General Jackson stoops to gain the favor of the majority, but when he feels that his popularity is secure, he overthrows all obstacles in the pursuit of the objects which the community approves, or of those which it does not look upon with a jealous eye. He is supported by a power with which his predecessors were unacquainted; and he tramples on his personal enemies whenever they cross his path with a facility which no former President ever enjoyed; he takes upon himself the responsibility of measures which no one before him would have ventured to attempt: he even treats the national representatives with disdain approaching to insult; he puts his veto upon the laws of Congress, and frequently neglects to reply to that powerful body. He is a favorite who sometimes treats his master roughly. The power of General Jackson perpetually increases; but that of the President declines; in his hands the Federal Government is strong, but it will pass enfeebled into the hands of his successor.

I am strangely mistaken if the Federal Government of the United States be not constantly losing strength, retiring gradually from public affairs, and narrowing its circle of action more and more. It is naturally feeble, but it now abandons even its pretensions to strength.

On the other hand, I thought that I remarked a more lively sense of independence, and a more decided attachment to provincial government in the States. The Union is to subsist, but to subsist as a shadow; it is to be strong in certain cases, and weak in all others; in time of warfare, it is to be able to concentrate all the forces of the nation and all the resources of the country in its hands; and in time of peace its existence is to be scarcely perceptible: as if this alternate debility and vigor were natural or possible.

I do not foresee anything for the present which may be able to check this general impulse of public opinion; the causes in which it originated do not cease to operate with the same effect. The change will therefore