American Institutions and Their Influence

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Alexis de Tocqueville. American Institutions and Their Influence

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PREFACE TO THE AMERICAN EDITION

INTRODUCTION

AMERICAN INSTITUTIONS

CHAPTER I

EXTERIOR FORM OF NORTH AMERICA

CHAPTER II

ORIGIN OF THE ANGLO-AMERICANS AND ITS IMPORTANCE, IN RELATION TO THEIR FUTURE CONDITION

REASONS OF CERTAIN ANOMALIES WHICH THE LAWS AND CUSTOMS OF THE ANGLO-AMERICANS PRESENT

CHAPTER III

SOCIAL CONDITION OF THE ANGLO-AMERICANS

THE STRIKING CHARACTERISTIC OF THE SOCIAL CONDITION OF THE ANGLO-AMERICANS IS ITS ESSENTIAL DEMOCRACY

POLITICAL CONSEQUENCES OF THE SOCIAL CONDITION OF THE ANGLO-AMERICANS

CHAPTER IV

THE PRINCIPLE OF THE SOVEREIGNTY OF THE PEOPLE IN AMERICA

CHAPTER V

NECESSITY OF EXAMINING THE CONDITION OF THE STATES BEFORE THAT OF THE UNION AT LARGE

THE AMERICAN SYSTEM OF TOWNSHIPS AND MUNICIPAL BODIES.63

LIMITS OF THE TOWNSHIP

AUTHORITIES OF THE TOWNSHIP IN NEW ENGLAND

EXISTENCE OF THE TOWNSHIP

PUBLIC SPIRIT OF THE TOWNSHIPS OF NEW ENGLAND

THE COUNTIES OF NEW ENGLAND

ADMINISTRATION IN NEW ENGLAND

GENERAL REMARKS ON THE ADMINISTRATION OF THE UNITED STATES

OF THE STATE

LEGISLATIVE POWER OF THE STATE

THE EXECUTIVE POWER OF THE STATE

POLITICAL EFFECTS OF THE SYSTEM OF LOCAL ADMINISTRATION IN THE UNITED STATES

CHAPTER VI

JUDICIAL POWER IN THE UNITED STATES, AND ITS INFLUENCE ON POLITICAL SOCIETY

OTHER POWERS GRANTED TO THE AMERICAN JUDGES

CHAPTER VII

POLITICAL JURISDICTION IN THE UNITED STATES

CHAPTER VIII

THE FEDERAL CONSTITUTION

HISTORY OF THE FEDERAL CONSTITUTION

SUMMARY OF THE FEDERAL CONSTITUTION

PREROGATIVE OF THE FEDERAL GOVERNMENT

FEDERAL POWERS

LEGISLATIVE POWERS

A FARTHER DIFFERENCE BETWEEN THE SENATE AND THE HOUSE OF REPRESENTATIVES

THE EXECUTIVE POWER.134

DIFFERENCE BETWEEN THE POSITION OF THE PRESIDENT OF THE UNITED STATES AND THAT OF A CONSTITUTIONAL KING OF FRANCE

ACCIDENTAL CAUSES WHICH MAY INCREASE THE INFLUENCE OF THE EXECUTIVE

WHY THE PRESIDENT OF THE UNITED STATES DOES NOT REQUIRE THE MAJORITY OF THE TWO HOUSES IN ORDER TO CARRY ON THE GOVERNMENT

ELECTION OF THE PRESIDENT

MODE OF ELECTION

CRISIS OF THE ELECTION

RE-ELECTION OF THE PRESIDENT

FEDERAL COURTS.142

MEANS OF DETERMINING THE JURISDICTION OF THE FEDERAL COURTS

DIFFERENT CASES OF JURISDICTION

PROCEDURE OF THE FEDERAL COURTS

HIGH RANK OF THE SUPREME COURTS AMONG THE GREAT POWERS OF STATE

IN WHAT RESPECTS THE FEDERAL CONSTITUTION IS SUPERIOR TO THAT OF THE STATES

CHARACTERISTICS WHICH DISTINGUISH THE FEDERAL CONSTITUTION OF THE UNITED STATES OF AMERICA FROM ALL OTHER FEDERAL CONSTITUTIONS

ADVANTAGES OF THE FEDERAL SYSTEM IN GENERAL, AND ITS SPECIAL UTILITY IN AMERICA

WHY THE FEDERAL SYSTEM IS NOT ADAPTED TO ALL PEOPLES, AND HOW THE ANGLO-AMERICANS WERE ENABLED TO ADOPT IT

CHAPTER IX

WHY THE PEOPLE MAY STRICTLY BE SAID TO GOVERN IN THE UNITED STATES

CHAPTER X

PARTIES IN THE UNITED STATES

REMAINS OF THE ARISTOCRATIC PARTY IN THE UNITED STATES

CHAPTER XI

LIBERTY OF THE PRESS IN THE UNITED STATES

CHAPTER XII

POLITICAL ASSOCIATIONS IN THE UNITED STATES

CHAPTER XIII

GOVERNMENT OF THE DEMOCRACY IN AMERICA

UNIVERSAL SUFFRAGE

CHOICE OF THE PEOPLE, AND INSTINCTIVE PREFERENCES OF THE AMERICAN DEMOCRACY

CAUSES WHICH MAY PARTLY CORRECT THESE TENDENCIES OF THE DEMOCRACY

INFLUENCE WHICH THE AMERICAN DEMOCRACY HAS EXERCISED ON THE LAWS RELATING TO ELECTIONS

PUBLIC OFFICERS UNDER THE CONTROL OF THE DEMOCRACY OF AMERICA

ARBITRARY POWER OF MAGISTRATES164 UNDER THE RULE OF AMERICAN DEMOCRACY

INSTABILITY OF THE ADMINISTRATION IN THE UNITED STATES

CHARGES LEVIED BY THE STATE UNDER THE RULE OF THE AMERICAN DEMOCRACY

TENDENCIES OF THE AMERICAN DEMOCRACY AS REGARDS THE SALARIES OF PUBLIC OFFICERS

DIFFICULTY OF DISTINGUISHING THE CAUSES WHICH CONTRIBUTE TO THE ECONOMY OF THE AMERICAN GOVERNMENT

WHETHER THE EXPENDITURE OF THE UNITED STATES CAN BE COMPARED TO THAT OF FRANCE

CORRUPTION AND VICES OF THE RULERS IN A DEMOCRACY, AND CONSEQUENT EFFECTS UPON PUBLIC MORALITY

EFFORTS OF WHICH A DEMOCRACY IS CAPABLE

SELF-CONTROL OF THE AMERICAN DEMOCRACY

CONDUCT OF FOREIGN AFFAIRS BY THE AMERICAN DEMOCRACY

CHAPTER XIV

WHAT THE REAL ADVANTAGES ARE WHICH AMERICAN SOCIETY DERIVES FROM THE GOVERNMENT OF THE DEMOCRACY

GENERAL TENDENCY OF THE LAWS UNDER THE RULE OF THE AMERICAN DEMOCRACY, AND HABITS OF THOSE WHO APPLY THEM

PUBLIC SPIRIT IN THE UNITED STATES

NOTION OF RIGHTS IN THE UNITED STATES

RESPECT FOR THE LAW IN THE UNITED STATES

ACTIVITY WHICH PERVADES ALL THE BRANCHES OF THE BODY POLITIC IN THE UNITED STATES; INFLUENCE WHICH IT EXERCISES UPON SOCIETY

CHAPTER XV

UNLIMITED POWER OF THE MAJORITY IN THE UNITED STATES AND ITS CONSEQUENCES

HOW THE UNLIMITED POWER OF THE MAJORITY INCREASES, IN AMERICA, THE INSTABILITY OF LEGISLATION AND THE ADMINISTRATION INHERENT IN DEMOCRACY

TYRANNY OF THE MAJORITY

EFFECTS OF THE UNLIMITED POWER OF THE MAJORITY UPON THE ARBITRARY AUTHORITY OF THE AMERICAN PUBLIC OFFICERS

POWER EXERCISED BY THE MAJORITY IN AMERICA UPON OPINION

EFFECTS OF THE TYRANNY OF THE MAJORITY UPON THE NATIONAL CHARACTER IN THE AMERICANS

THE GREATEST DANGERS OF THE AMERICAN REPUBLICS PROCEED FROM THE UNLIMITED POWER OF THE MAJORITY

CHAPTER XVI. CAUSES WHICH MITIGATE THE TYRANNY OF THE MAJORITY IN THE UNITED STATES

ABSENCE OF CENTRAL ADMINISTRATION

THE PROFESSION OF THE LAW IN THE UNITED STATES SERVES TO COUNTERPOISE THE DEMOCRACY

TRIAL BY JURY IN THE UNITED STATES CONSIDERED AS A POLITICAL INSTITUTION

CHAPTER XVII

PRINCIPAL CAUSES WHICH TEND TO MAINTAIN THE DEMOCRATIC REPUBLIC IN THE UNITED STATES

ACCIDENTAL OR PROVIDENTIAL CAUSES WHICH CONTRIBUTE TO THE MAINTENANCE OF THE DEMOCRATIC REPUBLIC IN THE UNITED STATES

INFLUENCE OF THE LAWS UPON THE MAINTENANCE OF THE DEMOCRATIC REPUBLIC IN THE UNITED STATES

INFLUENCE OF MANNERS UPON THE MAINTENANCE OF THE DEMOCRATIC REPUBLIC IN THE UNITED STATES

RELIGION CONSIDERED AS A POLITICAL INSTITUTION, WHICH POWERFULLY CONTRIBUTES TO THE MAINTENANCE OF THE DEMOCRATIC REPUBLIC AMONG THE AMERICANS

INDIRECT INFLUENCE OF RELIGIOUS OPINIONS UPON POLITICAL SOCIETY IN THE UNITED STATES

PRINCIPAL CAUSES WHICH RENDER RELIGION POWERFUL IN AMERICA

HOW THE INSTRUCTION, THE HABITS, AND THE PRACTICAL EXPERIENCE OF THE AMERICANS PROMOTE THE SUCCESS OF THEIR DEMOCRATIC INSTITUTIONS

THE LAWS CONTRIBUTE MORE TO THE MAINTENANCE OF THE DEMOCRATIC REPUBLIC IN THE UNITED STATES THAN THE PHYSICAL CIRCUMSTANCES OF THE COUNTRY, AND THE MANNERS MORE THAN THE LAWS

WHETHER LAWS AND MANNERS ARE SUFFICIENT TO MAINTAIN DEMOCRATIC INSTITUTIONS IN OTHER COUNTRIES BESIDE AMERICA

IMPORTANCE OF WHAT PRECEDES WITH RESPECT TO THE STATE OF EUROPE

CHAPTER XVIII

THE PRESENT AND PROBABLE FUTURE CONDITION OF THE THREE RACES WHICH INHABIT THE TERRITORY OF THE UNITED STATES

THE PRESENT AND PROBABLE FUTURE CONDITION OF THE INDIAN TRIBES WHICH INHABIT THE TERRITORY POSSESSED BY THE UNION

SITUATION OF THE BLACK POPULATION IN THE UNITED STATES, AND DANGERS WITH WHICH ITS PRESENCE THREATENS THE WHITES

WHAT ARE THE CHANCES IN FAVOR OF THE DURATION OF THE AMERICAN UNION, AND WHAT DANGERS THREATEN IT

OF THE REPUBLICAN INSTITUTIONS OF THE UNITED STATES, AND WHAT THEIR CHANCES OF DURATION ARE

REFLECTIONS ON THE CAUSES OF THE COMMERCIAL PROSPERITY OF THE UNITED STATES

CONCLUSION

APPENDICES

SUMMARY OF THE QUALIFICATIONS OF VOTERS IN THE UNITED STATES

Отрывок из книги

The following work of M. DE TOCQUEVILLE has attracted great attention throughout Europe, where it is universally regarded as a sound, philosophical, impartial, and remarkably clear and distinct view of our political institutions, and of our manners, opinions, and habits, as influencing or influenced by those institutions. Writers, reviewers, and statesmen of all parties, have united in the highest commendations of its ability and integrity. The people, described by a work of such a character, should not be the only one in Christendom unacquainted with its contents. At least, so thought many of our most distinguished men, who have urged the publishers of this edition to reprint the work, and present it to the American public. They have done so in the hope of promoting among their countrymen a more thorough knowledge of their frames of government, and a more just appreciation of the great principles on which they are founded.

But it seemed to them that a reprint in America of the views of an author so well entitled to regard and confidence, without any correction of the few errors or mistakes that might be found, would be in effect to give authenticity to the whole work, and that foreign readers, especially, would consider silence, under such circumstances, as strong evidence of the accuracy of its statements. The preface to the English edition, too, was not adapted to this country, having been written, as it would seem, in reference to the political questions which agitate Great Britain. The publishers, therefore, applied to the writer of this, to furnish them with a short preface, and such notes upon the text as might appear necessary to correct any erroneous impressions. Having had the honor of a personal acquaintance with M. DE TOCQUEVILLE while he was in this country; having discussed with him many of the topics treated of in this book; having entered deeply into the feelings and sentiments which guided and impelled him in his task, and having formed a high admiration of his character and of this production, the writer felt under some obligation to aid in procuring for one whom he ventures to call his friend, a hearing from those who were the subjects of his observations. These circumstances furnish to his own mind an apology for undertaking what no one seemed willing to attempt, notwithstanding his want of practice in literary composition, and notwithstanding the impediments of professional avocations, constantly recurring, and interrupting that strict and continued examination of the work, which became necessary, as well to detect any errors of the author, as any misunderstanding or misrepresentation of his meaning by his translator. If the same circumstances will atone in the least for the imperfections of what the editor has contributed to this edition, and will serve to mitigate the severity of judgment upon those contributions, it is all he can hope or ask.

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The selectmen are elected every year in the month of April or of May. The town-meeting chooses at the same time a number of municipal magistrates, who are intrusted with important administrative functions. The assessors rate the township; the collectors receive the rate. A constable is appointed to keep the peace, to watch the streets, and to forward the execution of the laws; the town-clerk records all the town votes, orders, grants, births, deaths, and marriages; the treasurer keeps the funds; the overseer of the poor performs the difficult task of superintending the action of the poor laws; committee-men are appointed to attend to the schools and to public instruction; and the road-surveyors, who take care of the greater and lesser thoroughfares of the township, complete the list of the principal functionaries. They are, however, still farther subdivided; and among the municipal officers are to be found parish commissioners, who audit the expenses of public worship; different classes of inspectors, some of whom are to direct the citizens in case of fire; tithing-men, listers, haywards, chimney-viewers, fence-viewers to maintain the bounds of property, timber-measurers, and sealers of weights and measures.68

There are nineteen principal offices in a township. Every inhabitant is constrained, on pain of being fined, to undertake these different functions; which, however, are almost all paid, in order that the poor citizens may be able to give up their time without loss. In general the American system is not to grant a fixed salary to its functionaries. Every service has its price, and they are remunerated in proportion to what they have done.

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