Diary in America Volume II Part 18

"Most of the American republics still admit of entails, under certain restrictions; but the French law prohibits entail in all cases.

"If the social condition of the Americans is more democratic than that of the French, the laws of the latter are the most democratic of the two. This may be explained more easily than at first appears to be the case. In France, democracy is still occupied in the work of destruction; in America, it reigns quietly over the ruins it has made."--_Democracy in America, by A De Tocqueville_.

Note 3. In New England the estates are exceedingly small, but they are rarely subjected to further division.

Note 4. It may also be here observed, that the Americans have little opportunity of judging favourably of the English by the usual _importations_ to their country. They all call themselves English _Gentlemen_, and are too often supposed to be, and are received as such.

I have often been told that I should meet with an English gentleman or an English merchant, and the parties mostly proved to be nothing but travellers, bagsmen, or even worse. If the sterling Americans stay at home, and send the bad ones to us, and we do the same, neither party will be likely to form a very favourable opinion of the other for some time to come.

VOLUME TWO, CHAPTER SEVEN.

GOVERNMENT.

It is not my intention to enter into a lengthened examination of the American form of government. I have said that, as a government, "with all its imperfections, it is the best suited to _the present condition of America_, in _so far as_ it is the one under which the country has made, and will continue to make, the most rapid strides;" but I have not said that it was a better form of government than others. Its very weakness is favourable to the advance of the country; it may be compared to a vessel which, from her masts not being wedged, and her timbers being loose, sails faster than one more securely fastened. Considered merely as governments for the preservation of order and the equalisation of pressure upon the people, I believe that few governments are bad, as there are always some correcting influences, moral or otherwise, which strengthen those portions which are the weakest. A despot, for instance, although his power is acknowledged and submitted to, will not exercise tyranny too far, from the fear of a.s.sa.s.sination.

I have inserted in an Appendix the Form of the American Const.i.tution, and if my readers wish to examine more closely into it, I must refer them to M. Tocqueville's excellent work. The first point which must strike the reader who examines into it is, that it is extremely complicated. It is, and it is not. It is so far complicated that a variety of wheels are at work; but it is not complicated, from the circ.u.mstance that the _same principle_ prevails throughout, from the Towns.h.i.+p to the Federal Head, and that it is put in motion by one great and universal propelling power. It may be compared to a cotton-thread manufactory, in which thousands and thousands of reels and spindles are all at work, the labour of so many smaller reels turned over to larger, which in their turn yield up their produce, until the whole is collected into one ma.s.s. The principle of the American Government is good; the power that puts it in motion is enormous, and therefore, like the complicated machinery I have compared it to, it requires constant attention, and proper regulation of the propelling power, that it may not become out of order. The propelling power is the sovereignty of the people, otherwise the will of the majority. The motion of all propelling powers must be regulated by a fly-wheel, or corrective check, if not, the motion will gradually accelerate, until the machinery is destroyed by the increase of friction. But there are other causes by which the machinery may be deranged; as, although the smaller portions of the machine, if defective, may at any time be taken out and repaired without its being necessary for the machine to stop; yet if the larger wheels are by any chance thrown out of their equilibrium, the machinery may be destroyed just as it would be by a too rapid motion, occasioned by the excess of propelling power. Further, there are external causes which may endanger it: any machine may be thrown out of its level by a convulsion, or shock, which will cause it to cease working, if even it does not break it into fragments.

Now, the dangers which _threaten_ the United States are, the Federal Government being still weaker than it is at present, or its becoming, as it may from circ.u.mstances, too powerful.

The _present_ situation of the American Government is that the fly-wheel, or regulator of the propelling power (that is to say the aristocracy, or power of the senate,) has been nearly destroyed, and the consequences are that the motion is at this moment too much accelerated, and threatens in a few years to increase its rapidity, at the risk of the destruction of the whole machinery.

But, although it will be necessary to point out the weakness of the Federal Government, when opposed to the States or the majority, inasmuch as the morality of the people is seriously affected by this weakness, my object is not to enter into the merits of the government of the United States as a _working_ government, but to inquire how far the Americans are correct in their boast of its being a model for other countries.

Let us consider what is the best form of government. Certainly that which most contributes to security of life and property, and renders those happy and moral who are submitted to it. This I believe will be generally acknowledged, and it is upon these grounds that the government of the United States must be tested. They abjured our monarchy, and left their country for a distant land, to obtain _freedom_. They railed at the vices and imperfections of continental rule, and proposed to themselves a government which should be perfect, under which every man should have his due weight in the representation, and prove to the world that a people could govern themselves. Disgusted with the immorality of the age and the disregard to religion, they antic.i.p.ated an amendment in the state of society. This new, and supposed perfect, machinery has been working for upwards of sixty years, and let us now examine how far the theory has been supported and borne out by the practical result.

I must first remind the reader that I have already shewn the weakness of the Federal Government upon one most important point, which is, that there is not sufficient security for person and property. When such is the case, there cannot be that adequate punishment for vice so necessary to uphold the morals of a people. I will now proceed to prove the weakness of the Federal Government whenever it has to combat with the several States, or with the will of the majority.

It will be perceived, by an examination into the Const.i.tution of the United States, that the States have reserved for themselves all the real power, and that the Federal Union exists but upon their sufferance.

Each State still insists upon its right to withdraw itself from the Union whenever it pleases, and the consequence of this right is, that in every conflict with a State, the Federal Government has invariably to succ.u.mb. M. Tocqueville observes, "If the sovereignty of the Union were to engage in a struggle with that of the States, at the present day, its defeat may be confidently predicted; and it is not probable that such a struggle would be seriously undertaken. As often as a steady resistance is offered to the Federal Government, it will be found to yield. Experience has. .h.i.therto shewn that whenever a State has demanded any thing with perseverance and resolution, it has invariably succeeded; and that if a separate government has distinctly refused to act, it was left to do as it thought fit. See Note 1.

"But even if the government of the Union had any strength inherent in itself, the physical situation of the country would render the excise of that strength very difficult. [See Note 2.] The United States cover an immense territory; they were separated from each other by great distances; and the population is disseminated over the surface of a country which is still half a wilderness. If the Union were to undertake to enforce the allegiance of the confederate States by military means, it would be in a position very a.n.a.lagous to that of England at the time of the War of Independence."

The Federal Government never displayed more weakness than in the question of the tariff put upon English goods to support the manufacturers of the Northern States. The Southern States, as producers and exporters, complained of this as prejudicial to their interests.

South Carolina, one of the smallest States, led the van, and the storm rose. This State pa.s.sed an act by convention, _annulling_ the Federal Act of the tariff, armed her militia, and prepared for war. The consequence was that the Federal Government abandoned the principle of the tariff, but at the same time, to save the disgrace of its defeat, it pa.s.sed an act warranting the President to _put down resistance by force_, or, in other words, making the Union _compulsory_. South Carolina _annulled_ this law of the Federal Government, but as the State gained its point by the Federal Government having abandoned the principle of the tariff, the matter ended.

Another instance in which the Federal Government showed its weakness when opposed to a State, was in its conflict with Georgia. The Federal Government had entered into a solemn, and what ought to have been an inviolable treaty, with the Cherokee Indians, securing to them the remnant of their lands in the State of Georgia. The seventh Article of that treaty says, "The United States _solemnly_ guarantee to the Cherokee nation all their lands not hitherto ceded." The State of Georgia, when its population increased, did not like the Indians to remain, and insisted upon their removal. What was the result?--that the Federal Government, in violation of a solemn treaty and the national honour, submitted to the dictation of Georgia, and the Indians were removed to the other side of the Mississippi.

These instances are sufficient to prove the weakness of the Federal Government when opposed to the States; it is still weaker when opposed to the will of the majority. I have already quoted many instances of the exercise of this uncontrolled will. I do not refer to Lynch law, or the reckless murders in the Southern States, but to the riots in the most civilised cities, such as Boston, New York, and Baltimore, in which outrages and murders have been committed without the Government ever presuming to punish the perpetrators; but the strongest evidence of the helplessness of the Government, when opposed to the majority, has been in the late Canadian troubles, which, I fear, have only for the season subsided. If many have doubts of the sincerity of the President of the United States in his attempts to prevent the interference of the Americans, there can be no doubt but that General Scott, Major Worth, and the other American officers sent to the frontiers, did their utmost to prevent the excesses which were committed, and to allay the excitement; and every one is aware how unavailing were their efforts.

The magazines were broken open, the field-pieces and muskets taken possession of; large subscriptions of money poured in from every quarter; farmers sent waggon-loads of pigs, corn, and buffalos, to support the insurgents. No one would, indeed no one could, act against the will of the majority, and these officers found themselves left to their individual and useless exertions.

The militia at Detroit were ordered out: they could not refuse to obey the summons, as they were individually liable to fine and imprisonment; but as they said, very truly, "You may call us out, but when we come into action we will point our muskets in which direction we please."

Indeed, they did a.s.sist the insurgents and fire at our people; and when the insurgents were defeated, one of the drums which they had with them, and which was captured by our troops, was marked with the name of the militia corps which had been called out to repel them.

When the people are thus above the law, it is of very little consequence whether the law is more or less weak; at present the Federal Government is a mere cypher when opposed by the majority. Have, then, the Americans improved upon us in this point? It is generally admitted that a strong and vigorous government, which can act when it is necessary to restrain the pa.s.sions of men under excitement, is most favourable to social order and happiness; but, on the contrary, when the dormant power of the executive should be brought into action, all that the Federal Government can do is to become a pa.s.sive spectator or a disregarded suppliant.

Note 1. See the conduct of the Northern States in the war of 1812.

"During that war," says Jefferson in a letter to General Lafayette, "four of the Eastern States were only attached to the Union, like so many inanimate bodies to living men."

Note 2. The profound peace of the Union affords no pretext for a standing army; and without a standing army a Government is not prepared to profit by a favourable opportunity to conquer resistance, and take the sovereign power by surprise.

VOLUME TWO, CHAPTER EIGHT.

The next question to be examined into is, has this government of the United States set an example of honour, good faith, and moral principle, to those who are subjected to it?--has it, by so behaving, acted favourably upon the morals of the people, and corrected the vices and errors of the monarchical inst.i.tutions which the Americans hold up to such detestation?

The Americans may be said to have had, till within the last twenty years, little or no relation with other countries. They have had few treaties to make, and very little diplomatic arrangements with the old Continent. But even if they had had, they must not be judged by them; a certain degree of national honour is necessary to every nation, if they would have the respect of others, and a dread of the consequences would always compel them to adhere to any treaty made with great and powerful countries. The question is, has the Federal Government adhered to its treaties and promises made with and to those who have been too weak to defend themselves? Has it not repeatedly, in the short period of their existence as a nation, violated the national honour whenever without being in fear of retaliation or exposure it has been able to do so. Let this question be answered by an examination into their conduct towards the unhappy Indians, _who_, to use their own expression, are "now melting away like snow before the white men." We are not to estimate the morality of a government by its strict adherence to its compacts with the powerful, but by its strict moral sense of justice towards the weak and defenceless; and it should be borne in mind, that one example of a breach of faith on the part of a democratic government, is more injurious to the morals of the people tinder that government than a thousand instances of breach of faith which may occur in society; for a people who have no aristocracy to set the example, must naturally look to the conduct of their rulers and to their decisions, as a standard for their guidance. To enumerate the multiplied breaches of faith towards the Indians would swell out this work to an extra volume. It was a bitter sarcasm of the Seminole chief, who, referring to the terms used in the treaties, told the Indian agents that the white man's "_for ever_" did not _last long enough_. Even in its payment of the trifling sums for the lands sold by the Indians and resold at an enormous profit, the American Government has not been willing to adhere to its agreement; and two years ago, when the Indians came for their money, the American Government told them, like an Israelite dealer, that they must take half money and half goods. The Indians remonstrated; the chiefs replied, "Our young men have purchased upon credit, as they are wont to do; they require the dollars, to pay honestly what they owe."

"Is our great father so poor?" said one chief to the Indian agent; "I will lend him some money;" and he ordered several thousand dollars to be brought, and offered them to the agent.

In the Florida war, to which I shall again refer, the same want of faith has been exercised. Unable to drive the Indians out of their swamps and mora.s.ses, they have persuaded them to come into a council, under a flag of truce. This flag of truce has been violated, and the Indians have been thrown into prison until they could be sent away to the Far West, that is, if they survived their captivity, which the gallant Osceola could not. Let it not be supposed that the officers employed are the parties to blame in these acts; it is, generally speaking, the Indian agents who are employed in these nefarious transactions. Among these agents there are many honourable men, but a corrupt government will always find people corrupt enough to do anything it may wish. But any language that I can use as to the conduct of the American Government towards the Indians would be light, compared to the comments made in my presence by the _officers_ and other American _gentlemen_ upon this subject. Indeed, the indignation expressed is so general, that it proves there is less morality in the Government than there is in the nation.

With the exception of the Florida war, which still continues, the last contest which the American Government had with the Indians was with the Sacs and Foxes, commanded by the celebrated chief, Black Hawk. The Sacs and Foxes at that period held a large tract of land on Rock river, in the territory of Ioway, on the east side of the Mississippi, which the Government wished, perforce, to take from them. The following is Black Hawk's account of the means by which this land was obtained. The war was occasioned by Black Hawk disowning the treaty and attempting to repossess the territory.

"Some moons after this young chief (Lieutenant Pike) descended the Mississippi, one of our people killed an American, and was confined in the prison at St Louis for the offence. We held a council at our village to see what could be done for him, which determined that Quash-qua-me, Pa-she-pa-ho, Ou-che-qua-ha, and Ha-she-quar-hi-qua, should go down to St Louis, and see our American father, and do all they could to have our friend released; by paying for the person killed, thus covering the blood and satisfying the relations of the man murdered! This being the only means with us of saving a person who had killed another, and we _then_ thought it was the same way with the whites.

"The party started with the good wishes of the whole nation, hoping they would accomplish the object of their mission. The relations of the prisoner blacked their faces and fasted, hoping the Great Spirit would take pity on them, and return the husband and the father to his wife and children.

"Quash-qua-me and party remained a long time absent. They at length returned, and encamped a short distance below the village, but did not come up that day, nor did any person approach their camp. They appeared to be dressed in fine coats and had medals. From these circ.u.mstances, we were in hopes they had brought us good news. Early the next morning, the council lodge was crowded; Quash-qua-me and party came up, and gave us the following account of their mission:--

"On their arrival at St Louis, they met their American father, and explained to him their business, and urged the release of their friend.

The American chief told them he wanted land, and they agreed to give him some on the west side of the Mississippi, and some on the Illinois side, opposite the Jeffreon. When the business was all arranged, they expected to have their friend released to come home with them. But about the time they were ready to start, their friend, who was led out of prison, ran a short distance, and was _shot dead_. This is all they could recollect of what was said and done. They had _been drunk_ the greater part of the time they were in St Louis.

"This is all myself or nation knew of the _treaty of_ 1804. It has been explained to me since. I find by that treaty, all our country east of the Mississippi, and south of the Jeffreon, was ceded to the United States for one thousand dollars a year! I will leave it to the people of the United States to say, whether our nation was properly represented in this treaty? or whether we received a fair compensation for the extent of country ceded by those four individuals. I could say much mere about this treaty, but I will not at this time. It has been the origin of all our difficulties."

Indeed, I have reason to believe that the major portion of the land obtained from the Indians has been ceded by parties who had no power to sell it, and the treaties with these parties have been enforced by the Federal Government.

In a Report for the protection of the Western Frontier, submitted to Congress by the Secretary of War, we have a very fair expose of the conduct and intentions of the American Government towards the Indians.

Although the Indians continue to style the President of the United States as their Great Father, yet, in this report, the Indian feeling which really exists towards the American people is honestly avowed; it says in its preamble--

"As yet no community of feeling, except of _deep and lasting hatred_ to the white man, and particularly to the _Anglo-Americans_, exists among them, and, unless they coalesce, no serious difficulty need be apprehended from them. Not so, however, should they be induced to unite for purposes offensive and defensive; their strength would then become apparent, create confidence, and in all probability induce them to give vent to their long-suppressed desire to _revenge past wrongs_, which is restrained, as they openly and freely confess, by fear alone."

And speaking of the feuds between the tribes, as in the case of the Sioux and Chippeways, which, as I have observed in my Journal, the American Government _pretended_ to be anxious to make up; it appears that this anxiety is not so very great, for the Report says--

"Should it however prove otherwise, the United States will, whenever they choose, be able to bring the whole of the Sioux force (the hereditary and irreclaimable enemy to every other Indian) to bear against the hostiles; or _vice versa_, should our difficulty be with the Sioux nation. And the suggestion is made, whether prudence does not require, that _those hereditary feelings_ should not rather be _maintained_ than destroyed by efforts to cultivate a closer reunion between them."

This Report also very delicately points out, when speaking of the necessity of a larger force on the frontier, that, "it is merely adverted to in connexion with the heavy obligations which rest upon the Government, and which have been probably contracted from time to time without any _very nice calculation_ of the means which would be necessary to a _faithful discharge_ of them."

I doubt whether this Report would have been presented by Congress had there been any idea of its finding its way to the Old Country.

By-and-by I shall refer to it again. I have made these few extracts merely to shew that expediency, and not moral feeling, is the principle alone which guides the Federal Government of the United States.