democracy in america-1-第34节
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eir mildness which renders the American laws most formidable in this respect。 We have shown that in Europe the removal of a functionary and his political interdiction are the consequences of the penalty he is to undergo； and that in America they constitute the penalty itself。 The consequence is that in Europe political tribunals are invested with rights which they are afraid to use； and that the fear of punishing too much hinders them from punishing at all。 But in America no one hesitates to inflict a penalty from which humanity does not recoil。 To condemn a political opponent to death； in order to deprive him of his power； is to commit what all the world would execrate as a horrible assassination； but to declare that opponent unworthy to exercise that authority； to deprive him of it； and to leave him uninjured in life and limb； may be judged to be the fair issue of the struggle。 But this sentence； which it is so easy to pronounce； is not the less fatally severe to the majority of those upon whom it is inflicted。 Great criminals may undoubtedly brave its intangible rigor； but ordinary offenders will dread it as a condemnation which destroys their position in the world； casts a blight upon their honor； and condemns them to a shameful inactivity worse than death。 The influence exercised in the United States upon the progress of society by the jurisdiction of political bodies may not appear to be formidable； but it is only the more immense。 It does not directly coerce the subject； but it renders the majority more absolute over those in power； it does not confer an unbounded authority on the legislator which can be exerted at some momentous crisis； but it establishes a temperate and regular influence； which is at all times available。 If the power is decreased； it can； on the other hand； be more conveniently employed and more easily abused。 By preventing political tribunals from inflicting judicial punishments the Americans seem to have eluded the worst consequences of legislative tyranny； rather than tyranny itself； and I am not sure that political jurisdiction； as it is constituted in the United States； is not the most formidable weapon which has ever been placed in the rude grasp of a popular majority。 When the American republics begin to degenerate it will be easy to verify the truth of this observation； by remarking whether the number of political impeachments augments。*d
＇Footnote b： Chap。 I。 sect。 ii。 Section 8。＇
＇Footnote c： See the constitutions of Illinois； Maine； Connecticut； and Georgia。＇
＇Footnote d： See Appendix； N。
＇The impeachment of President Andrew Johnson in 1868 … which was resorted to by his political opponents solely as a means of turning him out of office； for it could not be contended that he had been guilty of high crimes and misdemeanors； and he was in fact honorably acquitted and reinstated in office … is a striking confirmation of the truth of this remark。 … Translator's Note； 1874。＇＇
Chapter VIII： The Federal Constitution … Part I
I have hitherto considered each State as a separate whole； and I have explained the different springs which the people sets in motion； and the different means of action which it employs。 But all the States which I have considered as independent are forced to submit； in certain cases； to the supreme authority of the Union。 The time is now come for me to examine separately the supremacy with which the Union has been invested； and to cast a rapid glance over the Federal Constitution。
Chapter Summary
Origin of the first Union … Its weakness … Congress appeals to the constituent authority … Interval of two years between this appeal and the promulgation of the new Constitution。
History Of The Federal Constitution
The thirteen colonies which simultaneously threw off the yoke of England towards the end of the last century professed； as I have already observed； the same religion； the same language； the same customs； and almost the same laws； they were struggling against a common enemy； and these reasons were sufficiently strong to unite them one to another； and to consolidate them into one nation。 But as each of them had enjoyed a separate existence and a government within its own control； the peculiar interests and customs which resulted from this system were opposed to a compact and intimate union which would have absorbed the individual importance of each in the general importance of all。 Hence arose two opposite tendencies； the one prompting the Anglo…Americans to unite； the other to divide their strength。 As long as the war with the mother…country lasted the principle of union was kept alive by necessity； and although the laws which constituted it were defective； the common tie subsisted in spite of their imperfections。 *a But no sooner was peace concluded than the faults of the legislation became manifest； and the State seemed to be suddenly dissolved。 Each colony became an independent republic； and assumed an absolute sovereignty。 The federal government； condemned to impotence by its constitution； and no longer sustained by the presence of a common danger； witnessed the outrages offered to its flag by the great nations of Europe； whilst it was scarcely able to maintain its ground against the Indian tribes； and to pay the interest of the debt which had been contracted during the war of independence。 It was already on the verge of destruction； when it officially proclaimed its inability to conduct the government； and appealed to the constituent authority of the nation。 *b If America ever approached （for however brief a time） that lofty pinnacle of glory to which the fancy of its inhabitants is wont to point； it was at the solemn moment at which the power of the nation abdicated； as it were； the empire of the land。 All ages have furnished the spectacle of a people struggling with energy to win its independence； and the efforts of the Americans in throwing off the English yoke have been considerably exaggerated。 Separated from their enemies by three thousand miles of ocean； and backed by a powerful ally； the success of the United States may be more justly attributed to their geographical position than to the valor of their armies or the patriotism of their citizens。 It would be ridiculous to compare the American was to the wars of the French Revolution； or the efforts of the Americans to those of the French when they were attacked by the whole of Europe； without credit and without allies； yet capable of opposing a twentieth part of their population to the world； and of bearing the torch of revolution beyond their frontiers whilst they stifled its devouring flame within the bosom of their country。 But it is a novelty in the history of society to see a great people turn a calm and scrutinizing eye upon itself； when apprised by the legislature that the wheels of government are stopped； to see it carefully examine the extent of the evil； and patiently wait for two whole years until a remedy was discovered； which it voluntarily adopted without having wrung a tear or a drop of blood from mankind。 At the time when the inadequacy of the first constitution was discovered America possessed the double advantage of that calm which had succeeded the effervescence of the revolution； and of those great men who had led the revolution to a successful issue。 The assembly which accepted the task of composing the second constitution was small； *c but George Washington was its President； and it contained the choicest talents and the noblest hearts which had ever appeared in the New World。 This national commission； after long and mature deliberation； offered to the acceptance of the people the body of general laws which still rules the Union。 All the States adopted it successively。 *d The new Federal Government commenced its functions in 1789； after an interregnum of two years。 The Revolution of America terminated when that of France began。
＇Footnote a： See the articles of the first confederation formed in 1778。 This constitution was not adopted by all the States until 1781。 See also the analysis given of this constitution in 〃The Federalist〃 from No。 15 to No。 22； inclusive； and Story's 〃Commentaries on the Constitution of the United States；〃 pp。 85…115。＇
＇Footnote b： Congress made this declaration on February 21； 1787。＇
＇Footnote c： It consisted of fifty…five members； Washington； Madison； Hamilton； and the two Morrises were amongst the number。＇
＇Footnote d： It was not adopted by the legislative bodies； but representatives were elected by the people for this sole purpose； and the new constitution was discussed at length in each of these assemblies。＇
Summary Of The Federal Constitution
Division of authority between the Federal Government and the States … The Government of the States is the rule； the Federal Government the exception。
The first question which awaited the Americans was intricate； and by no means easy of solution： the object was so to divide the authority of the different States which composed the Union that each of them should continue to govern itself in all that concerned its internal prosperity； whilst the entire nation； represented by the Union； should continue to form a compact body； and to provide for the general
