Classical Sociological Theory. Группа авторов

free institutions of America are destroyed, that event may be attributed to the unlimited authority of the majority, which may at some future time urge the minorities to desperation, and oblige them to have recourse to physical force. Anarchy will then be the result, but it will have been brought about by despotism.

      Mr. Hamilton expresses the same opinion in the Federalist, No. 51. “It is of great importance in a republic not only to guard the society against the oppression of its rulers, but to guard one part of the society against the injustice of the other part. Justice is the end of government. It is the end of civil society. It ever has been, and ever will be pursued until it be obtained, or until liberty be lost in the pursuit. In a society, under the forms of which the stronger faction can readily unite and oppress the weaker, anarchy may as truly be said to reign as in a state of nature, where the weaker individual is not secured against the violence of the stronger: and as in the latter state even the stronger individuals are prompted by the uncertainty of their condition to submit to a government which may protect the weak as well as themselves, so in the former state will the more powerful factions be gradually induced by a like motive to wish for a government which will protect all parties, the weaker as well as the more powerful. It can be little doubted, that if the State of Rhode Island was separated from the Confederacy and left to itself, the insecurity of rights under the popular form of government within such narrow limits, would be displayed by such reiterated oppressions of the factious majorities, that some power altogether independent of the people would soon be called for by the voice of the very factions whose misrule had proved the necessity of it.”

Jefferson has also thus expressed himself in a letter to Madison:⁶ “The executive power in our Government is not the only, perhaps not even the principal object of my solicitude. The tyranny of the legislature is really the danger most to be feared, and will continue to be so for many years to come. The tyranny of the executive power will come in its turn, but at a more distant period.”

      I am glad to cite the opinion of Jefferson upon this subject rather than that of another, because I consider him to be the most powerful advocate democracy has ever sent forth.

      NOTES

      1 1 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.

      2 2 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 towards another nation, it cannot be denied that a party may do the same towards another party.

      3 3 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 frenzy 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 an undisputed right of voting: but they voluntarily abstain from making their appearance.”“A very pretty piece of modesty on their parts!” rejoined I.“Why, the truth is, that they are not disinclined to vote, but they are afraid of being maltreated; in this country the law is sometimes unable to maintain its authority without the support of the majority. But in this case the majority entertains very strong prejudices against the Blacks, and the magistrates are unable to protect them in the exercise of their legal privileges.”“What, then, the majority claims the right not only of making the laws, but of breaking the laws it has made?”.

      4 4 This power may be centred in an assembly, in which case it will be strong without being stable; or it may be centred in an individual, in which case it will be less strong, but more stable.

      5 5 I presume that it is scarcely necessary to remind the reader here, as well as throughout the remainder of this chapter, that I am speaking not of the Federal Government, but of the several Governments of each State which the majority controls at its pleasure.

      6 6 15th March, 1789.