Whenever the political laws of the United States are to be discussed, it is with the doctrine of the sovereignty of the people that we must begin.
The principle of the sovereignty of the people, which is to be found, more or less, at the bottom of almost all human institutions, generally remains concealed from view. It is obeyed without being recognized, or if for a moment it be brought to light, it is hastily cast back into the gloom of the sanctuary.
"The will of the nation" is one of those expressions which have been most profusely abused by the wily and the despotic of every age. To the eyes of some it has been represented by the venal suffrages of a few of the satellites of power; to others, by the votes of a timid minority; and some have even discovered it in the silence of a people, on the supposition that the fact of submission established the right of command.
In America, the principle of the sovereignty of the people is not either barren or concealed, as it is with some other nations; it is recognized by the customs and proclaimed by the laws; it spreads freely, and arrives without impediment at its most remote consequences. If there be a country in the world where the doctrine of the sovereignty of the people can be fairly appreciated, where it can be studied in its application to the affairs of society, and where its dangers and its advantages may be foreseen, that country is assuredly America.
I have already observed that, from their origin, the sovereignty of the people was the fundamental principle of the greater number of the British colonies in America. It was far, however, from then exercising as much influence on the government of society as it now does. Two obstacles, the one external, the other internal, checked its invasive progress.
It could not ostensibly disclose itself in the laws of the colonies, which were still constrained to obey the mother country; it was therefore obliged to spread secretly, and to gain ground in the provincial assemblies, and especially in the townships.
American society was not yet prepared to adopt it with all its consequences. The intelligence of New England, and the wealth of the country to the south of the Hudson (as I have shown in the preceding chapter), long exercised a sort of aristocratic influence, which tended to limit the exercise of social authority within the hands of a few. The public functionaries were not universally elected, and the citizens were not all of them electors. The electoral franchise was everywhere placed within certain limits, and made dependent on a certain qualification, which was exceedingly low in the north, and more considerable in the south.
The American revolution broke out, and the doctrine of the sovereignty of the people, which had been nurtured in the townships, took possession of the state; every class was enlisted in its cause; battles were fought, and victories obtained for it; until it became the law of laws.
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