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power of the United States to withstand the severest shocks of
civil war. Could he have traced the further course of events
until they open the portals of the twentieth century, he would
have cast away his fears of our ability to restore peace, order,
and prosperity, in the face of any difficulties, and would have
rejoiced to find in the Constitution of the United States the
remedy that is provided for the healing of the nation.
De Tocqueville examined, with the care that is worthy the
importance of the subject, the nature and value of the system of
"local self-government," as we style this most important feature
of our plan, and (as has often happened) when this or any subject
has become a matter of anxious concern, his treatment of the
questions is found to have been masterly and his preconceptions
almost prophetic.
We are frequently indebted to him for able expositions and
true doctrines relating to subjects that have slumbered in the
minds of the people until they were suddenly forced on our
attention by unexpected events.
In his introductory chapter, M. De Tocqueville says:
"Amongst the novel objects that attracted my attention during my
stay in the United States, nothing struck me more forcibly than
the general equality of conditions." He referred, doubtless, to
social and political conditions among the people of the white
race, who are described as "We, the people," in the opening
sentence of the Constitution. The last three amendments of the
Constitution have so changed this, that those who were then negro
slaves are clothed with the rights of citizenship, including the
right of suffrage. This was a political party movement, intended
to be radical and revolutionary, but it will, ultimately, react
because it has not the sanction of public opinion.
If M. De Tocqueville could now search for a law that would
negative this provision in its effect upon social equality, he
would fail to find it. But he would find it in the unwritten law
of the natural aversion of the races. He would find it in public
opinion, which is the vital force in every law in a free
government. This is a subject that our Constitution failed to
regulate, because it was not contemplated by its authors. It is
a question that will settle itself, without serious difficulty.
The equality in the suffrage, thus guaranteed to the negro race,
alone - for it was not intended to include other colored races -
creates a new phase of political conditions that M. De
Tocqueville could not foresee. Yet, in his commendation of the
local town and county governments, he applauds and sustains that
elementary feature of our political organization which, in the
end, will render harmless this wide departure from the original
plan and purpose of American Democracy. "Local Self-Government,"
independent of general control, except for general purposes, is
the root and origin of all free republican government, and is the
antagonist of all great political combinations that threaten the
rights of minorities. It is the public opinion formed in the
independent expressions of towns and other small civil districts
that is the real conservatism of free government. It is equally
the enemy of that dangerous evil, the corruption of the
ballot-box, from which it is now apprehended that one of our
greatest troubles is to arise.
The voter is selected, under our laws, because he has
certain physical qualifications - age and sex. His
disqualifications, when any are imposed, relate to his education
or property, and to the fact that he has not been convicted of
crime. Of all men he should be most directly amenable to public
opinion.
The test of moral character and devotion to the duties of
good citizenship are ignored in the laws, because the courts can
seldom deal with such questions in a uniform and satisfactory
way, under rules that apply alike to all. Thus the voter,
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