CONTINUATION OF THE PRECEDING CHAPTERS
These two truths appear to me simple, clear, and fertile in consequences; and they naturally lead me to consider what kind of free government can be established among a people in which social conditions are equal.
It results from the very constitution of democratic nations and from their necessities that the power of government among them must be more uniform, more centralized, more extensive, more searching, and more efficient than in other countries Society at large is naturally stronger and more active, the individual more subordinate and weak; the former does more, the latter less; and this is inevitably the case.
It is not, therefore, to be expected that the range of private independence will ever be so extensive in democratic as in aristocratic countries; nor is this to be desired; for among aristocratic nations the mass is often sacrificed to the individual, and the prosperity of the greater number to the greatness of the few. It is both necessary and desirable that the government of a democratic people should be active and powerful; and our object should not be to render it weak or indolent, but solely to prevent it from abusing its aptitude and its strength.
The circumstance which most contributed to secure the independence of private persons in aristocratic ages was that the supreme power did not affect to take upon itself alone the government and administration of the community. Those functions were necessarily partially left to the members of the aristocracy; so that, as the supreme power was always divided, it never weighed with its whole weight and in the same manner on each individual.
Not only did the government not perform everything by its immediate agency, but as most of the agents who discharged its duties derived their power, not from the state, but from the circumstance of their birth, they were not perpetually under its control. The government could not make or unmake them in an instant, at pleasure, or bend them in strict uniformity to its slightest caprice; this was an additional guarantee of private independence.
I readily admit that recourse cannot be had to the same means at the present time, but I discover certain democratic expedients that may be substituted for them. Instead of vesting in the government alone all the administrative powers of which guilds and nobles have been deprived, a portion of them may be entrusted to secondary public bodies temporarily composed of private citizens: thus the liberty of private persons will be more secure, and their equality will not be diminished. The Americans, who care less for words than the French, still designate by the name of County the largest of their administrative districts; but the duties of the count or lord-lieutenant are in part performed by a provincial assembly.
At a period of equality like our own, it would be unjust and unreasonable to institute hereditary officers; but there is nothing to prevent us from substituting elective public officers to a certain extent. Election is a democratic expedient, which ensures the independence of the public officer in relation to the government as much as hereditary rank can ensure it among aristocratic nations, and even more so.
Aristocratic countries abound in wealthy and influential persons who are competent to provide for themselves and who cannot be easily or secretly oppressed; such persons restrain a government within general habits of moderation and reserve. I am well aware that democratic countries contain no such persons naturally, but something analogous to them may be created by artificial means. I firmly believe that an aristocracy cannot again be founded in the world, but I think that private citizens, by combining together, may constitute bodies of great wealth, influence, and strength, corresponding to the persons of an aristocracy. By this means many of the greatest political advantages of aristocracy would be obtained without its injustice or its dangers. An association for political, commercial, or manufacturing purposes, or even for those of science and literature, is a powerful and enlightened member of the community, which cannot be disposed of at pleasure or oppressed without remonstrance, and which, by defending its own rights against the encroachments of the government, saves the common liberties of the country.
In periods of aristocracy every man is always bound so closely to many of his fellow citizens that he cannot be assailed without their coming to his assistance. In ages of equality every man naturally stands alone; he has no hereditary friends whose co-operation he may demand, no class upon whose sympathy he may rely; he is easily got rid of, and he is trampled on with impunity. At the present time an oppressed member of the community has therefore only one method of self-defense: he may appeal to the whole nation, and if the whole nation is deaf to his complaint, he may appeal to mankind. The only means he has of making this appeal is by the press. Thus the liberty of the press is infinitely more valuable among democratic nations than among all others; it is the only cure for the evils that equality may produce. Equality sets men apart and weakens them; but the press places a powerful weapon within every man's reach, which the weakest and loneliest of them all may use. Equality deprives a man of the support of his connections, but the press enables him to summon all his fellow countrymen and all his fellow men to his assistance. Printing has accelerated the progress of equality, and it is also one of its best correctives.
I think that men living in aristocracies may, strictly speaking, do without the liberty of the press; but such is not the case with those who live in democratic countries. To protect their personal independence I do not trust to great political assemblies, to parliamentary privilege, or to the assertion of popular sovereignty. All these things may, to a certain extent, be reconciled with personal servitude. But that servitude cannot be complete if the press is free; the press is the chief democratic instrument of freedom.
Something analogous may be said of the judicial power. It is a part of the essence of judicial power to attend to private interests and to fix itself with predilection on minute objects submitted to its observation. Another essential quality of judicial power is never to volunteer its assistance to the oppressed, but always to be at the disposal of the humblest of those who solicit it; their complaint, however feeble they may themselves be, will force itself upon the ear of justice and claim redress, for this is inherent in the very constitution of courts of justice.
A power of this kind is therefore peculiarly adapted to the wants of freedom, at a time when the eye and finger of the government are constantly intruding into the minutest details of human actions, and when private persons are at once too weak to protect themselves and too much isolated for them to reckon upon the assistance of their fellows. The strength of the courts of law has always been the greatest security that can be offered to personal independence; but this is more especially the case in democratic ages. Private rights and interests are in constant danger if the judicial power does not grow more extensive and stronger to keep pace with the growing equality of conditions.
Equality awakens in men several propensities extremely dangerous to freedom, to which the attention of the legislator ought constantly be directed. I shall only remind the reader of the most important among them.
Men living in democratic ages do not readily comprehend the utility of forms: they feel an instinctive contempt for them, I have elsewhere shown for what reasons. Forms excite their contempt and often their hatred; as they commonly aspire to none but easy and present gratifications, they rush onwards to the object of their desires, and the slightest delay exasperates them. This same temper, carried with them into political life, renders them hostile to forms, which perpetually retard or arrest them in some of their projects.
Yet this objection which the men of democracies make to forms is the very thing which renders forms so useful to freedom; for their chief merit is to serve as a barrier between the strong and the weak, the ruler and the people, to retard the one and give the other time to look about him. Forms become more necessary in proportion as the government becomes more active and more powerful, while private persons are becoming more indolent and more feeble. Thus democratic nations naturally stand more in need of forms than other nations, and they naturally respect them less. This deserves most serious attention.
Nothing is more pitiful than the arrogant disdain of most of our contemporaries for questions of form, for the smallest questions of form have acquired in our time an importance which they never had before; many of the greatest interests of mankind depend upon them. I think that if the statesmen of aristocratic ages could sometimes despise forms with impunity and frequently rise above them, the statesmen to whom the government of nations is now confided ought to treat the very least among them with respect and not neglect them without imperious necessity. In aristocracies the observance of forms was superstitious; among us they ought to be kept up with a deliberate and enlightened deference.
Another tendency which is extremely natural to democratic nations and extremely dangerous is that which leads them to despise and undervalue the rights of private persons. The attachment that men feel to a right and the respect that they display for it are generally proportioned to its importance or to the length of time during which they have enjoyed it. The rights of private persons among democratic nations are commonly of small importance, of recent growth, and extremely precarious; the consequence is that they are often sacrificed without regret and almost always violated without remorse.
But it happens that, at the same period and among the same nations in which men conceive a natural contempt for the rights of private persons, the rights of society at large are naturally extended and consolidated; in other words, men become less attached to private rights just when it is most necessary to retain and defend what little remains of them. It is therefore most especially in the present democratic times, that the true friends of the liberty and the greatness of man ought constantly to be on the alert to prevent the power of government from lightly sacrificing the private rights of individuals to the general execution of its designs. At such times no citizen is so obscure that it is not very dangerous to allow him to be oppressed; no private rights are so unimportant that they can be surrendered with impunity to the caprices of a government. The reason is plain: if the private right of an individual is violated at a time when the human mind is fully impressed with the importance and the sanctity of such rights, the injury done is confined to the individual whose right is infringed; but to violate such a right at the present day is deeply to corrupt the manners of the nation and to put the whole community in jeopardy, because the very notion of this kind of right constantly tends among us to be impaired and lost.
There are certain habits, certain notions, and certain vices which are peculiar to a state of revolution and which a protracted revolution cannot fail to create and to propagate, whatever, in other respects, are its character, its purpose, and the scene on which it takes place. When any nation has, within a short space of time, repeatedly varied its rulers, its opinions, and its laws, the men of whom it is composed eventually contract a taste for change and grow accustomed to see all changes effected by sudden violence. Thus they naturally conceive a contempt for forms which daily prove ineffectual; and they do not support without impatience the dominion of rules which they have so often seen infringed.
As the ordinary notions of equity and morality no longer suffice to explain and justify all the innovations daily begotten by a revolution, the principle of public utility is called in, the doctrine of political necessity is conjured up, and men accustom themselves to sacrifice private interests without scruple and to trample on the rights of individuals in order more speedily to accomplish any public purpose.
These habits and notions, which I shall call revolutionary because all revolutions produce them, occur in aristocracies just as much as among democratic nations; but among the former they are often less powerful and always less lasting, because there they meet with habits, notions, defects, and impediments that counteract them. They consequently disappear as soon as the revolution is terminated, and the nation reverts to its former political courses. This is not always the case in democratic countries, in which it is ever to be feared that revolutionary tendencies, becoming more gentle and more regular, without entirely disappearing from society, will be gradually transformed into habits of subjection to the administrative authority of the government. I know of no countries in which revolutions are more dangerous than in democratic countries, because, independently of the accidental and transient evils that must always attend them, they may always create some evils that are permanent and unending.
I believe that there are such things as justifiable resistance and legitimate rebellion; I do not therefore assert as an absolute proposition that the men of democratic ages ought never to make revolutions; but I think that they have especial reason to hesitate before they embark on them and that it is far better to endure many grievances in their present condition than to have recourse to so perilous a remedy.
I shall conclude with one general idea, which comprises not only all the particular ideas that have been expressed in the present chapter, but also most of those of which it is the object of this book to treat. In the ages of aristocracy which preceded our own, there were private persons of great power and a social authority of extreme weakness. The outline of society itself was not easily discernible and was constantly confounded with the different powers by which the community was ruled. The principal efforts of the men of those times were required to strengthen, aggrandize, and secure the supreme power; and, on the other hand, to circumscribe individual independence within narrower limits and to subject private interests to the interests of the public. Other perils and other cares await the men of our age. Among the greater part of modern nations the government, whatever may be its origin, its constitution, or its name, has become almost omnipotent, and private persons are falling more and more into the lowest stage of weakness and dependence. In olden society everything was different; unity and uniformity were nowhere to be met with. In modern society everything threatens to become so much alike that the peculiar characteristics of each individual will soon be entirely lost in the general aspect of the world. Our forefathers were always prone to make an improper use of the notion that private rights ought to be respected; and we are naturally prone, on the other hand, to exaggerate the idea that the interest of a private individual ought always to bend to the interest of the many.
The political world is metamorphosed; new remedies must henceforth be sought for new disorders. To lay down extensive but distinct and settled limits to the action of the government; to confer certain rights on private persons, and to secure to them the undisputed enjoyment of those rights; to enable individual man to maintain whatever independence, strength, and original power he still possesses; to raise him by the side of society at large, and uphold him in that position; these appear to me the main objects of legislators in the ages upon which we are now entering. It would seem as if the rulers of our time sought only to use men in order to make things great; I wish that they would try a little more to make great men; that they would set less value on the work and more upon the workman; that they would never forget that a nation cannot long remain strong when every man belonging to it is individually weak; and that no form or combination of social polity has yet been devised to make an energetic people out of a community of pusillanimous and enfeebled citizens.
I trace among our contemporaries two contrary notions which are equally injurious. One set of men can perceive nothing in the principle of equality but the anarchical tendencies that it engenders; they dread their own free agency, they fear themselves. Other thinkers, less numerous but more enlightened, take a different view: beside that track which starts from the principle of equality to terminate in anarchy, they have at last discovered the road that seems to lead men to inevitable servitude. They shape their souls beforehand to this necessary condition; and, despairing of remaining free, they already do obeisance in their hearts to the master who is soon to appear. The former abandon freedom because they think it dangerous; the latter, because they hold it to be impossible.
If I had entertained the latter conviction, I should not have written this book, but I should have confined myself to deploring in secret the destiny of mankind. I have sought to point out the dangers to which the principle of equality exposes the independence of man, because I firmly believe that these dangers are the most formidable as well as the least foreseen of all those which futurity holds in store, but I do not think that they are insurmountable.
The men who live in the democratic ages upon which we are entering have naturally a taste for independence; they are naturally impatient of regulation, and they are wearied by the permanence even of the condition they themselves prefer. They are fond of power, but they are prone to despise and hate those who wield it, and they easily elude its grasp by their own mobility and insignificance.
These propensities will always manifest themselves, because they originate in the groundwork of society, which will undergo no change; for a long time they will prevent the establishment of any despotism, and they will furnish fresh weapons to each succeeding generation that struggles in favor of the liberty of mankind. Let us, then, look forward to the future with that salutary fear which makes men keep watch and ward for freedom, not with that faint and idle terror which depresses and enervates the heart.