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Conversation with Mr. Storer, the leading lawyer in Cincinnati
Q. Your judicial institutions are different from those of other
States?
A. In one point especially: our judges are appointed by the
legislature and for a term of seven years only. I think that in the whole Union there is only Vermont that has done the
same.
Q. Do you think that innovation good?
A. I think it very pernicious. The judges ought to be
independent of political passions. That is the greatest safeguard of our liberties. Here they are under the yoke of party
spirit.
Q. Is the evil felt by the masses?
A. I think it is. We hope soon to change that part of our
Constitution. But for that one must call a convention together, and we are afraid that with the existing political passions
it might not be well composed. That which made our present Constitution in 1802 was composed very badly. Ohio then
was populated by people not at all to be recommended, and the morality of the voters was reflected in their choice. We
have granted too much to democracy here.
(Tocqueville, p. 82)
Tocqueville's interview with Mr. Walker, an attorney
Mr. Walker, a very distinguished young lawyer from Ohio
Q. Do you think that your system of appointment for the
judges is good?
A. I think it very dangerous, and experience has already
shown up its vices. In general our Constitution tends towards too unlimited democracy. It has other defects too; for our
legislative body is too small in number, and that takes away some of its moral standing; one is never certain that it really
represents the will of the people.
Q. I have heard talk of the extreme fertility of this part of your
territory; is what is said about it true?
A. Yes; I was born and have spent part of my life in
Massachusetts. There an acre yields 25 to 30 bushels a year. Here, from 70 to 80.
Q. Is it true that part of the population of Ohio is already
getting under way to cross to the right bank of the Mississippi?
A. Yes. This is what is happening: those who possess land
generally keep it and stay here. But their sons go to seek their fortune further West in the States where the land is still
uninhabited. Moreover every year a crowd of workmen, proletarians from other States or from Europe, arrive in our
towns. These men stop here for two or three years. The price of labor is so high (one third more than in New England
) and the cost of living so low, that in two or three years they can put by some capital.
Then they leave us and go West to buy lands and become landowners.
Q. Is it true that there is never a man of leisure in your
towns?
A. I know no one who does not have a profession and work
at it.
Q. How do you stand with regard to public education in
Ohio?
A. The State of Ohio which contains about 25,000,000 acres,
is methodically divided up into townships each comprising the same acreage. When Congress registered Ohio as a
territory, it ordained that one 32nd or 36th part of all the land in each township should not be sold but should provide
funds for public education. It established the same rule in favor of religious worship. We already find that these funds
supply our greatest provision for the establishment of schools. What holds up the progress of education with us is the
lack of good teachers.
Q. Does the government concern itself with education?
A. One must make a distinction: everyone is free to establish
a school or a college; in that respect the State has nothing to do with education. But you see that for its part the State
is concerned to provide free education, and so it reserves control, indirectly it is true. So the schools are subjected to
inspectors, not central ones but inspectors appointed by each locality, and they examine the masters, their methods and
the progress of the pupils.
Q. With what State does your local government system have
most analogy?
A. With the local government system of Pennsylvania which
is the neighboring State.
Tocqueville's interview with Mr. Chase, an attorney
Mr. Chase, a Cincinnati lawyer, said to me today: "We have
carried democracy here right to its ultimate limits. The suffrage is universal. The result is very bad choices, in the towns
especially. Thus the four last members elected for the county of Cincinnati are absolutely unworthy to hold the position
to which they have been elevated."
Q. But how did they manage to get appointed?
A. By flattering everybody, a thing which men of character
will never do; by mixing with the mob; by basely flattering its emotions; by drinking together. But it is not generally
to the State assemblies that the people send people like that. One sees a lot of them in Congress. In spite of all however
it is still the influence of men of talent that governs us.
Q. But do you not think that when the electoral franchise is
so widespread, the people must necessarily often make a bad choice?
A. I think, and I am convinced that there is not a man of
distinction in the Union but feels that a very extended suffrage is a fatal thing. But they cannot fight against the flood
of public opinion which is flowing perpetually in this direction. We have seen an example in Virginia. Virginia was the
State of the Union where the landowners had succeeded in maintaining an electoral property qualification up till now.
A year ago at last they were overcome. They began to lower their property qualifications.
Now they have no power to stop themselves. It is only in New
England and particularly in Massachusetts, of which I can speak as my family comes from there, that the people are
sufficiently enlightened and masters enough of their passions always to elect the most remarkable men. But I believe
that is an exception.
Q. What is the ordinary revenue of the State of Ohio?
A. About half a million francs. But it often makes
extraordinary outlays. The canals have already cost 6,000,000. It has covered that expense by a loan. Just to indicate
how poor America is in capital, to find that sum it had to go to Europe.
Q. Do you in Ohio have the local government system of New
England?
A. No. Our system is more like that of Pennsylvania. We have
townships, but they do not as in New England form a single, constant entity having but one will and one government.
In Ohio one often finds in the township a town having its own separate government, independent of the township. I find
the system in New England simpler and more consistent.
Q. Do you not think that in Ohio you have done something
dangerous in having the judges appointed by the legislature and limited their term of office to seven years?
A. Yes. I think that measure is dangerous. The judges in
America are there to hold the balance between all parties, and their function is particularly to oppose the impetuosity
and mistakes of democracy. Springing from it, depending on it for the future, they cannot have that independence.
Moreover Vermont goes even further than we as it has them elected every year.
(Tocqueville, p. 84)
Tocqueville's interview with Mr. MacLean, a judge of the Supreme Court of the United States
He said to us: What I find most favorable with us to the
establishment and maintenance of republican institutions is our division into States. I do not think that with our
democracy we could govern the whole Union for long, if it formed but one single people. That is all the more true for
the great nations of Europe. I hold too that the federal system is peculiarly favorable to the happiness of peoples.
The legislature of a great nation can never enter into the
details of local interests as the legislature of a small nation can. By our federal organization we have the happiness of
a small people and the strength of a great nation.
Q. Do you know how many voters there are in Ohio?
A. About 150,000. At General Jackson's election 130,000
voted. Election time is much less stormy that you would expect, because of the extreme care taken to avoid large
assemblies of people. Each township has an electoral college. In six hours the election is finished for the whole State,
without disturbance, without travelling and without expense.
Q. Do you know why there are so few banks in Ohio?
A. Ten years ago there were some forty, but they all went
bankrupt, and the people have certainly lost confidence in them. Besides the large quantity of paper that they issued gave
a distorted value to the various consumer goods. Now scarcely any notes are accepted except those of the Bank of the
United States.
Q. Is there not an urge to abolish the privilege of the Bank
of the United States?
A. Yes. Party politicians exploit for their own benefit the
instinctive hatred to which the thought of privilege or monopoly always give rise. I do not trust the good faith of the
enemies of the Bank. The effects of its operations are clearly beneficial especially in the West where it provides a
trustworthy, portable currency. Apart from its other advantages, it scores by preventing the establishment of bad banks.
It refuses to accept their notes, and so discredits them on the spot.
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