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the re-eligibility of an acting President (i. e. the power of electing him for an immediately succeeding term) might well be dispensed with.

The credit of the Supreme Court suffered somewhat from its pro-slavery decisions just before the war, and may possibly have suffered slightly since in respect of its treatment of the Legal Tender question. Nevertheless it remains respected and influential.

The State Constitutions, nearly all of which have been re-enacted or largely amended since 1834, remain inferior to the Federal Constitution, and the State legislatures are, of course (possibly with a very few exceptions in the New England States), still more inferior to Congress.

Two great parties reappeared immediately after Tocqueville wrote, and except for a brief interval before the Civil War when the Whig party had practically expired before its successor and representative the Republican party had come to maturity, they have continued to divide the country, making minor parties of slight consequence. Now and then an attempt is made to start a new party as a national organization, but it rarely becomes strong enough to maintain itself. The rich and educated renewed their interest in politics under the impulse of the Slavery and Secession struggle. After a subsequent interval of apathy they seem to be again returning to public life. The secret murmurs against democracy, whereof Tocqueville speaks, are confined to a handful of fashionable exquisites less self-complacent now than they were in the days when they learnt luxury and contempt for the people in the Paris of Louis Napoleon.

Although newspapers are better written than formerly and those of the great cities travel further over the country, the multitude of discordant voices still prevents the people from being enslaved by the press, which however shows an alarming capacity for exciting them. The habit of association by voluntary societies maintains itself.

The defects of the professional politicians, a term which now more precisely describes those whom Tocqueville calls by the inappropriate European name of 'the governors,' continue at least as marked as in his time.

So, too, the House of Representatives continues less influential than the Senate, but for other reasons than those which Tocqueville assigns, and to a less degree than he describes. The Senate has not, since 1880, maintained the character he gives it; and the fact that it is still chosen in the way which he commended shows that the merits he ascribed to it were not due to its mode of choice. Indeed in the judgement of most thoughtful men, popular election in the States would give a better Senate than election by the State Legislatures now does. American magistrates never did in general enjoy the arbitrary power Tocqueville ascribes to them. They assuredly do not enjoy it now, but in municipalities there is a growing tendency to concentrate power, especially the appointing power, in the hands of one or a few officers in order that the people may have some one person on whom responsibility can be fixed. Such power is sometimes very wide, but it cannot be called arbitrary. A few minor offices are unsalaried; the salaries of the greater ones have been raised, particularly in the older States.

The methods of administration, especially of Federal administration, have been much improved, but are still behind those of the most advanced European countries, one or two departments excepted.

Government is far from economical. The war of the Rebellion was conducted in the most lavish way: the high protective tariff raises a vast revenue, and direct local taxation takes more from the citizen than in most European countries. An enormous sum is spent upon pensions to persons who purport to have served in the Northern armies during the Civil War 1.

Congress does not pass many public statutes, nor do they greatly alter ordinary law within the sphere open to federal legislation. Many legislative experi ments are tried in the newer States, but the ordinary private law is in no such condition of mutability as Tocqueville describes. The law of England suffered more changes between 1868 and 1885 than either the common or statute law of the older States of the Union.

The respect for the rights of others, for the regular course of legal process, for the civil magistrate, remains strong; nor have the rich (although of late years more threatened) seriously begun to apprehend any attacks on them, otherwise than as stockholders in great railway and other corporations.

The tyranny of the majority is not a serious evil in the America of to-day, though people still sometimes profess alarm at it. It cannot act through a State legislature so much as it may have done in Tocque

1 In 1892 the expenditure on this head was $155,000,000 in 1901 it was estimated at $142,000,000.

ville's days, for the wings of these bodies have been effectively clipped by the newer State constitutions. Faint are the traces which remain of that intolerance of heterodoxy in politics, religion or social views whereon he dilates1. Politicians on the stump still flatter the crowd, but many home truths are told to it nevertheless in other ways and places, and the man who ventures to tell them need no longer fear social proscription (at least in time of peace) in the Northern or Western States, perhaps not even in the Southern.

The Republic came scatheless out of a terrible civil war, and although the laurels of the general who concluded that war twice secured for him the Presidency, they did not make his influence dangerous to freedom. There is indeed no great capital, but there are cities greater than most European capitals, and the Republic has not been imperilled by their growth. The influence of the clergy on public affairs has declined: whether or no that of religion has also been weakened it is more difficult to say. But all Americans are still agreed that religion gains by its entire detachment from the State.

The negro problem remains, but it has passed into a new and for the moment less threatening phase. Neither Tocqueville nor any one else then living could have foreseen that manumission would come as a war measure, and be followed by the grant of political rights. It is no impeachment of his judgement that he omitted to contemplate a state of things in which the

1 Competent American observers in Tocqueville's own time thought he greatly exaggerated this danger. See a letter from Jared Sparks printed in Professor Herbert B. Adams' interesting monograph Jared Sparks and Alexis de Tocqueville, in Johns Hopkins University Studies, 1898.

blacks have been made politically the equals of the whites, while inferior in most other respects, and destined, apparently, to remain wholly separate from them. He was right in perceiving that fusion was not possible, and that liberation would not solve the problem, because it would not make the liberated fit for citizenship. Fitthat is to say, as fit as a considerable part of the white population-they will probably in the long run become, but even then the social problem will remain. His remark that the repulsion between the races in the South would probably be greater under freedom than under slavery has so far been strikingly verified by the result.

All the forces that made for the maintenance of the Federal Union are now stronger than they were then, while the chief force that opposed it, viz. the difference of character and habits between North and South, largely produced by the existence of slavery, tends to vanish. Nor does the growth of the Union make the retention of its parts in one body more difficult. On the contrary, the United States is a smaller country now when it stretches from the Bay of Fundy to the Gulf of California, with its seventy-six millions of people, than it was then with its thirteen millions, just as the civilized world was larger in the time of Herodotus than it is now, for it took twice as many months to travel from Persepolis or the Caspian Sea to the Pillars of Hercules as it does now to circumnavigate the globe, one was obliged to use a greater number of languages, and the journey was incomparably more dangerous. Before steamboats plied on rivers, and trains ran on railways, three or four weeks at least were consumed

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