Volume Two—Chapter Two.
Public Opinion, or the Majority.
The majority are always in the right, so says Miss Martineau, and so have said greater people than even Miss Martineau; to be sure Miss Martineau qualifies her expression afterwards, when she declares that they always will be right in the end. What she means by that I do not exactly comprehend; the end of a majority is its subsiding into a minority, and a minority is generally right. But I rather think that she would imply that they will repent and see their folly when the consequences fall heavily upon them. The great question is, what is a majority? must it be a whole nation, or a portion of a nation, or a portion of the population of a city; or, in fact, any plus against any minus, be they small or be they large. For instance, two against one are a majority, and, if so, any two scoundrels may murder an honest man and be in the right; or it may be the majority in any city, as in Baltimore, where they rose and murdered an unfortunate minority (see note 1); or it may be a majority on the Canada frontier, when a set of miscreants defied their own government, and invaded the colony of a nation with whom they were at peace—all which is of course right. But there are other opinions on this question besides those of Miss Martineau, and we shall quote them as occasion serves.
I have before observed, that Washington left America a republic; and that in the short space of fifty years it has sunk into a democracy.
The barrier intended to be raised against the encroachments of the people has been swept away; the senate (which was intended, by the arrangements for its election, to have served as the aristocracy of the legislature, as a deliberative check to the impetus of the majority, like our House of Lords), having latterly become virtually nothing more than a second congress, receiving instructions, and submissive to them, like a pledged representative. This is what Washington did not foresee.
Washington was himself an aristocrat; he shewed it in every way. He was difficult of access, except to the higher classes. He carried state in his outward show, always wearing his uniform as General of the Forces, and attended by a guard of honour. Indeed, one letter of Washington’s proves that he was rather doubtful as to the working of the new government shortly after it had been constituted. He says:—
“Among men of reflection few will be found, I believe, who are not beginning to think that our system is better in theory than in practice, and that notwithstanding the boasted virtue of America, it is more than probable we shall exhibit the last melancholy proof, that mankind are incompetent to their own government without the means of coercion in the sovereign.” (Washington’s letter to Chief Justice Jay, 10th March, 1787.)
This is a pretty fair admission from such high authority; and fifty years have proved the wisdom and foresight of the observation. Gradually as the aristocracy of the country wore out (for there was an aristocracy at that time in America), and the people became less and less enlightened, so did they encroach upon the constitution. President after president gradually laid down the insignia and outward appearance of rank, the senate became less and less respectable, and the people more and more authoritative.
M. Tocqueville says, “When the American revolution broke out, distinguished political characters arose in great numbers; for public opinion then served, not to tyrannise over, but to direct the exertions of individuals. Those celebrated men took a full part in the general agitation of mind common at that period, and they attained a high degree of personal fame, which was reflected back upon the nation, but which was by no means borrowed from it.”
It was not, however, until the presidency of General Jackson, that the democratic party may be said to have made any serious inroads upon the constitution. Their previous advances were indeed sure, but they were, comparatively speaking, slow; but, raised as he was to the office of President by the mob, the demagogues who led the mob obtained the offices under government, to the total exclusion of the aristocratic party, whose doom was then sealed. Within these last ten years the advance of the people has been like a torrent, sweeping and levelling all before it, and the will of the majority has become not only absolute with the government, but it defies the government itself, which is too weak to oppose it.