any State to pass any law impairing the obligation of contracts. The danger of partial or highly graduated taxation voted by the many and falling on the few has been, in a great measure, guarded against by the clauses in the Constitution providing that representatives and direct taxes shall be apportioned among the States according to their population; that no capitation or other direct tax shall be laid unless in proportion to the census, and that all duties, imposts, and excises shall be uniform through the United States. The judgment of the Supreme Court condemning the income-tax in 1894 brought into clear relief the full force and meaning of these provisions. Neither Congress nor the State legislatures can pass any Bill of attainder or any ex post facto law punishing acts which were not punishable when they were committed.
At the same time, the number and magnitude of the majorities that are required to effect any organic change in the Federal Constitution are so great that such changes become almost impossible. They have, in fact, never, since the earliest days of the Constitution, been effected on any important subject, except during the wholly abnormal period that immediately followed the Civil War, when the political independence of the Southern States was for a time destroyed. The concurrence of majorities in two-thirds, and afterwards in three-fourths, of the States which is required for such an organic change becomes more and more difficult to obtain as the States multiply, with increasing population. Other guarantees of good government—very notably, it is to be feared, the character of the Senate—have been enfeebled by time and corruption and the increasing power of the machine; but this one, at least, almost automatically strengthens.
In the State constitutions the same system of checks prevails. All men, in the language of several of the constitutions, have ‘natural, essential, inalienable rights,’ and among them that of ‘enjoying and defending their lives and liberties, and acquiring, possessing and protecting property.’ The Constitution of Alabama expresses admirably the best spirit of American statesmanship when it states that ‘the sole and only legitimate end of government is to protect the citizen in the enjoyment of life, liberty and property, and when the Government assumes other functions, it is unsurpation and oppression.’ Politicians may job and cheat and maladminister, but they can only do so within narrow limits, and if the evils become too great, conventions are called, which impose restrictions on the State legislatures. These bodies are forbidden to borrow or to tax beyond certain limits, or to touch a long list of specified subjects, or to sit for more than once in two years or for more than a defined number of days.84 If they contrive—as they undoubtedly do—to heap up a great deal of corrupt expenditure within these limits, the more respectable class consider that the country is very rich, and can afford it, and that it is better to allow this corruption to go on than to give up private business to prevent it. A curious kind of optimism also prevails largely in America. It is believed that, provided the most important things are secured, it is better to allow every one to vote and organise as he pleases; that there will ultimately be a survival of the fittest; that in course of time, and after prolonged and costly experiences, the turbid element of corruption will clarify, and its worst constituents sink like sediment to the bottom.
Another consideration, which has hardly, I think, been sufficiently recognised among the guiding influences of American politics, is the complete separation of Church and State. American writers, probably with good reason, consider this one of the great successes of their government. In spite of the Episcopal Church establishment that once existed in Virginia, and the intensely theocratic character which New England Governments for a long time presented, the idea of the connection of Church and State did not strike root in America, and public opinion, within as well as without the Churches, seems cordially to approve of the separation. But one consequence has been to diminish greatly the interest in national politics. Every one who knows England knows how large a proportion of the best men who are interested in politics are mainly interested in their ecclesiastical aspects, in questions directly or indirectly connected with Establishment or Disestablishment. All this class of questions is in America removed from the sphere of politics.
That public opinion can be powerfully aroused there in a worthy cause no one will question. Nowhere in the present century has it acquired a greater volume and momentum than in the War of Secession. The self-sacrifice, the unanimity, the tenacity of purpose, the indomitable courage displayed on each side by the vast citizen armies in that long and terrible struggle, form one of the most splendid pages in nineteenth-century history. I can well recollect how Laurence Oliphant, who had excellent means of judging both wars, was accustomed to say that no fighting in the Franco-German War was comparable to the tenacity with which in America every village, almost every house, was defended or assailed; and the appalling sacrifice of life during the struggle goes far to justify this judgment. Nor were the nobler qualities of the American people less clearly manifested by the sequel of the war. The manner in which those gigantic armies melted away into the civil population, casting aside, without apparent effort, all military tastes and habits, and throwing themselves into the vast fields of industry that were opened by the peace, forms one of the most striking spectacles in history; and the noble humanity shown to the vanquished enemy is a not less decisive proof of the high moral level of American opinion. It was especially admirable in the very trying moments that followed the assassination of Lincoln, and it forms a memorable contrast to the extreme vindictiveness displayed by their forefathers, in the days of the Revolution, towards their loyalist fellow-countrymen. America rose at this time to a new place and dignity in the concert of nations. Europe had long seen in her little more than an amorphous, ill-cemented industrial population. It now learned to recognise the true characteristics of a great nation. There was exaggeration, but there was also no little truth, in the words of Lowell:
Earth's biggest country got her soul,
And risen up Earth's greatest nation.
Jobbing and corruption and fraud flourished, indeed, abundantly during the war, but the lines of national greatness and genuine patriotism were far more conspicuous. In times of peace, no nation has ever been more distinguished than America for the generosity shown by her citizens in supporting public institutions and public causes.
Her treatment of her gigantic debt was also a great surprise to Europe. It was a common prediction among shrewd judges that the peace would speedily be followed by national bankruptcy, and that a democratic nation would never endure the burden of a national debt which was at that time by far the largest in the world. Hardly any one appears to have foreseen that this democracy would surpass all the monarchies in history in its unparalleled persevering and successful efforts to pay off its debt. It is true that its motives in doing so were far from being purely patriotic and disinterested. The payment of the debt was indissolubly connected with the adoption of a system of severe Protection. Manufacturers by such Protection made colossal fortunes. The working class in America seem to have very generally adopted the opinion that a protective system, by raising the price of the articles they make and excluding similar articles made in other countries, has an effect, in raising wages and increasing employment, which is very beneficial to their interests. Multitudes of Americans in the Northern States had purchased national bonds at a time when they were greatly depreciated, and they gained enormously by being paid off at par. At the time when the policy of paying off the debt was adopted, the section of the country where these bonds were exclusively held, where Protection was always most popular, and where manufactures chiefly existed, had acquired, through the war, a complete ascendency. These things do much to explain the course that was adopted, but it was a course which involved sacrifices that few nations could have endured, and it was carried out with an energy and perseverance that no nation could have surpassed.
The general legislation in America also ranks very high. Many of the worst abuses of British law either never existed there, or were redressed at a much earlier period than in England. Her penal code, her educational laws, her laws about the sale and transfer of landed property, were for a long period far better than those of Great Britain; and the fact that no religious disqualifications were recognised saved her from struggles that have largely occupied many generations of English reformers. I do not think that, in modern times, legislation has been better or the spirit of Reform more active in the republic than in the monarchy, but I believe the best observers on both sides of the Atlantic recognise the two systems as substantially on the same plane of excellence, though each country may learn many