{182} We observed in examining the federal constitution that the efforts of the legislators of the Union had been diametrically opposed to the present tendency. The consequence has been that the federal government is more independent in its sphere than that of the states. But the federal government scarcely ever interferes in any but external affairs; and the governments of the states are in reality the authorities which direct society in America.
{183} The legislative acts promulgated by the state of Massachusetts alone, from the year 1780 to the present time, already fill three stout volumes: and it must not be forgotten that the collection to which I allude was published in 1823, when many old laws which had fallen into disuse were omitted. The state of Massachusetts, which is not more populous than a department of France, may be considered as the most stable, the most consistent, and the most sagacious in its undertakings of the whole Union.
{184} No one will assert that a people cannot forcibly wrong another people: but parties may be looked upon as lesser nations within a greater one, and they are aliens to each other: if therefore it be admitted that a nation can act tyrannically toward another nation, it cannot be denied that a party may do the same toward another party.
{185} A striking instance of the excesses which may be occasioned by the despotism of the majority occurred at Baltimore in the year 1812. At that time the war was very popular in Baltimore. A journal which had taken the other side of the question excited the indignation of the inhabitants by its opposition. The populace assembled, broke the printing-presses, and attacked the houses of the newspaper editors. The militia was called out, but no one obeyed the call; and the only means of saving the poor wretches who were threatened by the phrensy of the mob, was to throw them into prison as common malefactors. But even this precaution was ineffectual; the mob collected again during the night; the magistrates again made a vain attempt to call out the militia; the prison was forced, one of the newspaper editors was killed upon the spot, and the others were left for dead: the guilty parties were acquitted by the jury when they were brought to trial.
I said one day to an inhabitant of Pennsylvania: "Be so good as to explain to me how it happens, that in a state founded by quakers, and celebrated for its toleration, freed blacks are not allowed to exercise civil rights. They pay the taxes: is it not fair that they should have a vote."
"You insult us," replied my informant, "if you imagine that our legislators could have committed so gross an act of injustice and intolerance."
"What, then, the blacks possess the right of voting in this country?"
"Without the smallest doubt."
"How comes it then, that at the polling-booth this morning I did not perceive a single negro in the whole meeting?"
"This is not the fault of the law; the negroes have the undisputed right of voting; but they voluntarily abstain from making their appearance."