Chapter III

Social condition is commonly the result of circumstances, sometimes of laws, oftener still of these two causes united; but when once established, it may justly be considered as itself the source of almost all the laws, the usages, and the ideas which regulate the conduct of nations: whatever it does not produce, it modifies. If we would become acquainted with the legislation and the manners of a nation, therefore, we must begin by the study of its social condition.


The first immigrants of New England--Their equality--Aristocratic laws introduced in the South--Period of the Revolution--Change in the laws of inheritance--effects produced by this change--Democracy carried to its utmost limits in the new states of the West--Equality of mental endowments.

MANY important observations suggest themselves upon the social condition of the Anglo-Americans; but there is one that takes precedence of all the rest. The social condition of the Americans is eminently democratic; this was its character at the foundation of the colonies, and it is still more strongly marked at the present day.

I have stated in the preceding chapter that great equality existed among the immigrants who settled on the shores of New England. Even the germs of aristocracy were never planted in that part of the Union. The only influence which obtained there was that of intellect; the people became accustomed to revere certain names as representatives of knowledge and virtue. Some of their fellow citizens acquired a power over the others that might truly have been called aristocratic if it had been capable of transmission from father to son.

This was the state of things to the east of the Hudson: to the . southwest of that river, and as far as the Floridas, the case was different. In most of the states situated to the southwest of the Hudson some great English proprietors had settled who had imported with them aristocratic principles and the English law of inheritance. I have explained the reasons why it was impossible ever to establish a powerful aristocracy in America; these reasons existed with less force to the southwest of the Hudson. In the South one man, aided by slaves, could cultivate a great extent of country; it was therefore common to see rich landed proprietors. But their influence was not altogether aristocratic, as that term is understood in Europe, since they possessed no privileges; and the cultivation of their estates being carried on by slaves, they had no tenants depending on them, and consequently no patronage. Still, the great proprietors south of the Hudson constituted a superior class, having ideas and tastes of its own and forming the center of political action. This kind of aristocracy sympathized with the body of the people, whose passions and interests it easily embraced; but it was too weak and too shortlived to excite either love or hatred. This was the class which headed the insurrection in the South and furnished the best leaders of the American Revolution.

At this period society was shaken to its center. The people, in whose name the struggle had taken place, conceived the desire of exercising the authority that it had acquired; its democratic tendencies were awakened; and having thrown off the yoke of the mother country, it aspired to independence of every kind. The influence of individuals gradually ceased to be felt, and custom and law united to produce the same result.

But the law of inheritance was the last step to equality. I am surprised that ancient and modern jurists have not attributed to this law a greater influence on human affairs.1 It is true that these laws belong to civil affairs; but they ought, nevertheless, to be placed at the head of all political institutions; for they exercise an incredible influence upon the social state of a people, while political laws show only what this state already is. They have, moreover, a sure and uniform manner of operating upon society, affecting, as it were, generations yet unborn. Through their means man acquires a kind of preternatural power over the future lot of his fellow creatures. When the legislator has once regulated the law of inheritance, he may rest from his labor. The machine once put in motion will go on for ages, and advance, as if self-guided, towards a point indicated beforehand. When framed in a particular manner, this law unites, draws together, and vests property and power in a few hands; it causes an aristocracy, so to speak, to spring out of the ground. If formed on opposite principles, its action is still more rapid; it divides, distributes, and disperses both property and power. Alarmed by the rapidity of its progress, those who despair of arresting its motion endeavor at least to obstruct it by difficulties and impediments. They vainly seek to counteract its effect by contrary efforts; but it shatters and reduces to powder every obstacle, until we can no longer see anything but a moving and impalpable cloud of dust, which signals the coming of the Democracy. When the law of inheritance permits, still more when it decrees, the equal division of a father's property among all his children, its effects are of two kinds: it is important to distinguish them from each other, although they tend to the same end.

As a result of the law of inheritance, the death of each owner brings about a revolution in property; not only do his possessions change hands, but their very nature is altered, since they are parceled into shares, which become smaller and smaller at each division. This is the direct and as it were the physical effect of the law. In the countries where legislation establishes the equality of division, property, and particularly landed fortunes, have a permanent tendency to diminish. The effects of such legislation, however, would be perceptible only after a lapse of time if the law were abandoned to its own working; for, supposing the family to consist of only two children (and in a country peopled as France is, the average number is not above three ), these children, sharing between them the fortune of both parents, would not be poorer than their father or mother.

But the law of equal division exercises its influence not merely upon the property itself, but it affects the minds of the heirs and brings their passions into play. These indirect consequences tend . powerfully to the destruction of large fortunes, and especially of large domains.

Among nations whose law of descent is founded upon the right of primogeniture, landed estates often pass from generation to generation without undergoing division; the consequence of this is that family feeling is to a certain degree incorporated with the estate. The family represents the estate, the estate the family, whose name, together with its origin, its glory, its power, and its virtues, is thus perpetuated in an imperishable memorial of the past and as a sure pledge of the future.

When the equal partition of property is established by law, the intimate connection is destroyed between family feeling and the preservation of the paternal estate; the property ceases to represent the family; for, as it must inevitably be divided after one or two generations, it has evidently a constant tendency to diminish and must in the end be completely dispersed. The sons of the great landed proprietor, if they are few in number, or if fortune befriends them, may indeed entertain the hope of being as wealthy as their father, but not of possessing the same property that he did; their riches must be composed of other elements than his. Now, as soon as you divest the landowner of that interest in the preservation of his estate which he derives from association, from tradition, and from family pride, you may be certain that, sooner or later, he will dispose of it; for there is a strong pecuniary interest in favor of selling, as floating capital produces higher interest than real property and is more readily available to gratify the passions of the moment.

Great landed estates which have once been divided never come together again; for the small proprietor draws from his land a better revenue, in proportion, than the large owner does from his; and of course he sells it at a higher rate.2 The reasons of economy, therefore, which have led the rich man to sell vast estates will prevent him all the more from buying little ones in order to form a large one.

What is called family pride is often founded upon an illusion of self-love. A man wishes to perpetuate and immortalize himself, as it were, in his great-grandchildren. Where family pride ceases to act, individual selfishness comes into play. When the idea of family becomes vague, indeterminate, and uncertain, a man thinks of his present convenience; he provides for the establishment of his next succeeding generation and no more. Either a man gives up the idea of perpetuating his family, or at any rate he seeks to accomplish it by other means than by a landed estate.

Thus, not only does the law of partible inheritance render it difficult for families to preserve their ancestral domains entire, but it deprives them of the inclination to attempt it and compels them in some measure to co-operate with the law in their own extinction. The law of equal distribution proceeds by two methods: by acting upon things, it acts upon persons; by influencing persons, it affects things. By both these means the law succeeds in striking at the root of landed property, and dispersing rapidly both families and fortunes.3

Most certainly it is not for us, Frenchmen of the nineteenth century, who daily witness the political and social changes that the law of partition is bringing to pass, to question its influence. It is perpetually conspicuous in our country, overthrowing the walls of our dwellings, and removing the landmarks of our fields. But although it has produced great effects in France, much still remains for it to do. Our recollections, opinions, and habits present powerful obstacles to its progress.

In the United States it has nearly completed its work of destruction, and there we can best study its results. The English laws concerning the transmission of property were abolished in almost all the states at the time of the Revolution. The law of entail was so modified as not materially to interrupt the free circulation of property.4 The first generation having passed away, estates began to be parceled out; and the change became more and more rapid with the progress of time. And now, after a lapse of a little more than sixty years, the aspect of society is totally altered; the families of the great landed proprietors are almost all commingled with the general mass. In the state of New York, which formerly contained many of these, there are but two who still keep their heads above the stream; and they must shortly disappear. The sons of these opulent citizens have become merchants, lawyers, or physicians. Most of them have lapsed into obscurity. The last trace of hereditary ranks and distinctions is destroyed; the law of partition has reduced all to one level.

I do not mean that there is any lack of wealthy individuals in the United States; I know of no country, indeed, where the love of money has taken stronger hold on the affections of men and where a profounder contempt is expressed for the theory of the permanent equality of property. But wealth circulates with inconceivable rapidity, and experience shows that it is rare to find two succeeding generations in the full enjoyment of it.

This picture, which may, perhaps, be thought to be overcharged, still gives a very imperfect idea of what is taking place in the new states of the West and Southwest. At the end of the last century a few bold adventurers began to penetrate into the valley of the Mississippi, and the mass of the population very soon began to move in that direction: communities unheard of till then suddenly appeared in the desert. States whose names were not in insistence a few years before, claimed their place in the American Union; and in the Western settlements we may behold democracy arrived at its utmost limits. In these states, founded offhand and as it were by chance, the inhabitants are but of yesterday. Scarcely known to one another, the nearest neighbors are ignorant of each other's history. In this part of the American continent, therefore, the population has escaped the influence not only of great names and great wealth, but even of the natural aristocracy of knowledge and virtue. None is there able to wield that respectable power which men willingly grant to the remembrance of a life spent in doing good before their eyes. The new states of the West are already inhabited, but society has no existence among them.

It is not only the fortunes of men that are equal in America; even their acquirements partake in some degree of the same uniformity. I do not believe that there is a country in the world where, . in proportion to the population, there are so few ignorant and at the same time so few learned individuals. Primary instruction is within the reach of everybody; superior instruction is scarcely to be obtained by any. This is not surprising; it is, in fact, the necessary consequence of what I have advanced above. Almost all the Americans are in easy circumstances and can therefore obtain the first elements of human knowledge.

In America there are but few wealthy persons; nearly all Americans have to take a profession. Now, every profession requires an apprenticeship. The Americans can devote to general education only the early years of life. At fifteen they enter upon their calling, and thus their education generally ends at the age when ours begins. If it is continued beyond that point, it aims only towards a particular specialized and profitable purpose; one studies science as one takes up a business; and one takes up only those applications whose immediate practicality is recognized.

In America most of the rich men were formerly poor; most of those who now enjoy leisure were absorbed in business during their youth; the consequence of this is that when they might have had a taste for study, they had no time for it, and when the time is at their disposal, they have no longer the inclination. There is no class, then, in America, in which the taste for intellectual pleasures is transmitted with hereditary fortune and leisure and by which the labors of the intellect are held in honor. Accordingly, there is an equal want of the desire and the power of application to these objects.

A middling standard is fixed in America for human knowledge. All approach as near to it as they can; some as they rise, others as they descend. Of course, a multitude of persons are to be found who entertain the same number of ideas on religion, history, science, political economy, legislation, and government. The gifts of intellect proceed directly from God, and man cannot prevent their unequal distribution. But it is at least a consequence of what I have just said that although the capacities of men are different, as the Creator intended they should be, the means that Americans find for putting them to use are equal.

In America the aristocratic element has always been feeble from its birth; and if at the present day it is not actually destroyed, it is at any rate so completely disabled that we can scarcely assign to it any degree of influence on the course of affairs. .

The democratic principle, on the contrary, has gained so much strength by time, by events, and by legislation, as to have become not only predominant, but all-powerful. No family or corporate authority can be perceived; very often one cannot even discover in it any very lasting individual influence.

America, then, exhibits in her social state an extraordinary phenomenon. Men are there seen on a greater equality in point of fortune and intellect, or, in other words, more equal in their strength, than in any other country of the world, or in any age of which history has preserved the remembrance.


THE political consequences of such a social condition as this are easily deducible.

It is impossible to believe that equality will not eventually find its way into the political world, as it does everywhere else. To conceive of men remaining forever unequal upon a single point, yet equal on all others, is impossible; they must come in the end to be equal upon all.

Now, I know of only two methods of establishing equality in the political world; rights must be given to every citizen, or none at all to anyone. For nations which are arrived at the same stage of social existence as the Anglo-Americans, it is, therefore, very difficult to discover a medium between the sovereignty of all and the absolute power of one man: and it would be vain to deny that the social condition which I have been describing is just as liable to one of these consequences as to the other.

There is, in fact, a manly and lawful passion for equality that incites men to wish all to be powerful and honored. This passion tends to elevate the humble to the rank of the great; but there exists also in the human heart a depraved taste for equality, which impels the weak to attempt to lower the powerful to their own level and reduces men to prefer equality in slavery to inequality with freedom. Not that those nations whose social condition is democratic naturally despise liberty; on the contrary, they have an instinctive love of it. But liberty is not the chief and constant object of their desires; equality is their idol: they make rapid and sudden efforts to obtain liberty and, if they miss their aim, resign themselves to their disappointment; but nothing can satisfy them without equality, and they would rather perish than lose it.

On the other hand, in a state where the citizens are all practically equal, it becomes difficult for them to preserve their independence against the aggressions of power. No one among them being strong enough to engage in the struggle alone with advantage, nothing but a general combination can protect their liberty. Now, such a union is not always possible.

From the same social position, then, nations may derive one or the other of two great political results; these results are extremely different from each other, but they both proceed from the same cause.

The Anglo-Americans are the first nation who, having been exposed to this formidable alternative, have been happy enough to escape the dominion of absolute power. They have been allowed by their circumstances, their origin, their intelligence, and especially by their morals to establish and maintain the sovereignty of the people.


 1. I understand by the law of inheritance all those laws
whose principal object it is to regulate the distribution of
property after the death of its owner. The law of entail is of
this number: it certainly prevents the owner from disposing of
his possessions before his death; but this is solely with the
view of preserving them entire for the heir. The principal
object, therefore, of the law of entail is to regulate the
descent of property after the death of its owner; its other
provisions are merely means to this end.

2 I do not mean to say that the small proprietor cultivates
his land better, but he cultivates it with more ardor and care;
so that he makes up by his labor for his want of skill.

3 Land being the most stable kind of property, we find from
to time rich individuals who are disposed to make great
sacrifices in order to obtain it and who willingly forfeit a
considerable part of their income to make sure of the rest. But
these are accidental cases. The preference for landed property is
no longer found habitually in any class except among the poor.
The small landowner, who has less information, less imagination,
and less prejudice than the great one, is generally occupied with
the desire of increasing his estate: and it often happens that by
inheritance, by marriage, or by the chances of trade he is
gradually furnished with the means. Thus, to balance the tendency
that leads men to divide their estates, there exists another
which incites them to add to them. This tendency, which is
sufficient to prevent estates from being divided ad infinitum, is
not strong enough to create great territorial possessions,
certainly not to keep them up in the same family.

4 See Appendix G.

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