DAILY USE which the Anglo-Americans make of the right of association--Three kinds of political associations--How the apply the representative system to associations-Dangers resulting to the state--Great Convention of 1831 relative to the tariff--Legislative character of this Convention-Why the unlimited exercise of the right of association is less dangerous in the United States than elsewhere--Why it may be looked upon as necessary--Utility of associations among a democratic people.
IN no country in the world has the principle of association been more successfully used or applied to a greater multitude of objects than in America. Besides the permanent associations which are established by law under the names of townships, cities, and counties, a vast number of others are formed and maintained by the agency of private individuals.
The citizen of the United States is taught from infancy to rely upon his own exertions in order to resist the evils and the difficulties of life; he looks upon the social authority with an eye of mistrust and anxiety, and he claims its assistance only when he is unable to do without it. This habit may be traced even in the schools, where the children in their games are wont to submit to rules which they have themselves established, and to punish misdemeanors which they have themselves defined. The same spirit pervades every act of social life. If a stoppage occurs in a thoroughfare and the circulation of vehicles is hindered, the neighbors immediately form themselves into a deliberative body; and this extemporaneous assembly gives rise to an executive power which remedies the inconvenience before anybody has thought of recurring to a pre-existing authority superior to that of the persons immediately concerned. If some public pleasure is concerned, an association is formed to give more splendor and regularity to the entertainment. Societies are formed to resist evils that are exclusively of a moral nature, as to diminish the vice of intemperance.In the United States associations are established to promote the public safety, commerce, industry, morality, and religion. There is no end which the human will despairs of attaining through the combined power of individuals united into a society.
I shall have occasion hereafter to show the effects of association in civil life; I confine myself for the present to the political world. When once the right of association is recognized, the citizens may use it in different ways.
An association consists simply in the public assent which a number of individuals give to certain doctrines and in the engagement which they contract to promote in a certain manner the spread of those doctrines. The right of associating in this fashion almost merges with freedom of the press, but societies thus formed possess more authority than the press. When an opinion is represented by a society, it necessarily assumes a more exact and explicit form. It numbers its partisans and engages them in its cause; they, on the other hand, become acquainted with one another, and their zeal is increased by their number. An association unites into one channel the efforts of divergent minds and urges them vigorously towards the one end which it clearly points out.
The second degree in the exercise of the right of association is the power of meeting. When an association is allowed to establish centers of action at certain important points in the country, its activity is increased and its influence extended. Men have the opportunity of seeing one another; means of execution are combined; and opinions are maintained with a warmth and energy that written language can never attain.
Lastly, in the exercise of the right of political association there is a third degree: the partisans of an opinion may unite in electoral bodies and choose delegates to represent them in a central assembly. This is, properly speaking, the application of the representative system to a party.
Thus, in the first instance, a society is formed between individuals professing the same opinion, and the tie that keeps it together is of a purely intellectual nature. In the second case, small assemblies are formed, which represent only a fraction of the party. Lastly, in the third case, they constitute, as it were, a separate nation in the midst of the nation, a government within the government. Their delegates, like the real delegates of the majority, represent the whole collective force of their party, and like them, also, have an appearance of nationality and all the moral power that results from it. It is true that they have not the right, like the others, of making the laws; but they have the power of attacking those which are in force and of drawing up beforehand those which ought to be enacted.
If, among a people who are imperfectly accustomed to the exercise of freedom, or are exposed to violent political passions, by the side of the majority which makes the laws is placed a minority which only deliberates and gets laws ready for adoption, I cannot but believe that public tranquillity would there incur very great risks. There is doubtless a wide difference between proving that one law is in itself better than another and proving that the former ought to be substituted for the latter. But the imagination of the multitude is very apt to overlook this difference, which is so apparent to the minds of thinking men. It sometimes happens that a nation is divided into two nearly equal parties, each of which affects to represent the majority. If, near the directing power, another power is established which exercises almost as much moral authority as the former, we are not to believe that it will long be content to speak without acting; or that it will always be restrained by the abstract consideration that associations are meant to direct opinions, but not to enforce them, to suggest but not to make the laws.
The more I consider the independence of the press in its principal consequences, the more am I convinced that in the modern world it is the chief and, so to speak, the constitutive element of liberty. A nation that is determined to remain free is therefore right in demanding, at any price, the exercise of this independence. But the unlimited liberty of political association cannot be entirely assimilated to the liberty of the press. The one is at the same time less necessary and more dangerous than the other. A nation may confine it within certain limits without forfeiting any part of its self-directing power; and it may sometimes be obliged to do so in order to maintain its own authority.
In America the liberty of association for political purposes is unlimited. An example will show in the clearest light to what an extent this privilege is tolerated.
The question of a tariff or free trade has much agitated the minds of Americans. The tariff was not only a subject of debate as a matter of opinion, but it affected some great material interests of the states. The North attributed a portion of its prosperity, and the South nearly all its sufferings, to this system. For a long time the tariff was the sole source of the political animosities that agitated the Union.
In 1831, when the dispute was raging with the greatest violence, a private citizen of Massachusetts proposed, by means of the newspapers, to all the enemies of the tariff to send delegates to Philadelphia in order to consult together upon the best means of restoring freedom of trade. This proposal circulated in a few days, by the power of the press, from Maine to New Orleans. The opponents of the tariff adopted it with enthusiasm; meetings were held in all quarters, and delegates were appointed. The majority of these delegates were well known, and some of them had earned a considerable degree of celebrity. South Carolina alone, which afterwards took up arms in the same cause, sent sixty-three delegates. On the 1st of October 1831 this assembly, which, according to the American custom, had taken the name of a Convention, met at Philadelphia; it consisted of more than two hundred members. Its debates were public, and they at once assumed a legislative character; the extent of the powers of Congress, the theories of free trade, and the different provisions of the tariff were discussed. At the end of ten days the Convention broke up, having drawn up an address to the American people in which it declared (1 ) that Congress had not the right of making a tariff, and that the existing tariff was unconstitutional; (2) that the prohibition of free trade was prejudicial to the interests of any nation, and to those of the American people especially.
It must be acknowledged that the unrestrained liberty of political association has not hitherto produced in the United States the fatal results that might perhaps be expected from it elsewhere. The right of association was imported from England, and it has always existed in America; the exercise of this privilege is now incorporated with the manners and customs of the people. At the present time the liberty of association has become a necessary guarantee against the tyranny of the majority. In the United States, as soon as a party has become dominant, all public authority passes into its hands; its private supporters occupy all the offices and have all the force of the administration at their disposal. As the most distinguished members of the opposite party cannot surmount the barrier that excludes them from power, they must establish themselves outside of it and oppose the whole moral authority of the minority to the physical power that domineers over it. Thus a dangerous expedient is used to obviate a still more formidable danger.
The omnipotence of the majority appears to me to be so full of peril to the American republics that the dangerous means used to bridle it seem to be more advantageous than prejudicial. And here I will express an opinion that may remind the reader of what I said when speaking of the freedom of townships. There are no countries in which associations are more needed to prevent the despotism of faction or the arbitrary power of a prince than those which are democratically constituted. In aristocratic nations the body of the nobles and the wealthy are in themselves natural associations which check the abuses of power. In countries where such associations do not exist, if private individuals cannot create an artificial and temporary substitute for them I can see no permanent protection against the most galling tyranny; and a great people may be oppressed with impunity by a small faction or by a single individual.
The meeting of a great political convention (for there are conventions of all kinds), which may frequently become a necessary measure, is always a serious occurrence, even in America, and one that judicious patriots cannot regard without alarm. This was very perceptible in the Convention of 1831, at which all the most distinguished members strove to moderate its language and to restrain its objects within certain limits. It is probable that this Convention exercised a great influence on the minds of the malcontents and prepared them for the open revolt against the commercial laws of the Union that took place in 1832.
It cannot be denied that the unrestrained liberty of association for political purposes is the privilege which a people is longest in learning how to exercise. If it does not throw the nation into anarchy, it perpetually augments the chances of that calamity. On one point, however, this perilous liberty offers a security against dangers of another kind; in countries where associations are free, secret societies >
THE most natural privilege of man, next to the right of acting for himself, is that of combining his exertions with those of his fellow creatures and of acting in common with them. The right of association therefore appears to me almost as inalienable in its nature as the right of personal liberty. No legislator can attack it without impairing the foundations of society. Nevertheless, if the liberty of association is only a source of advantage and prosperity to some nations, it may be perverted or carried to excess by others, and from an element of life may be changed into a cause of destruction. A comparison of the different methods that associations pursue in those countries in which liberty is well understood and in those where liberty degenerates into license may be useful both to governments and to parties.
Most Europeans look upon association as a weapon which is to be hastily fashioned and immediately tried in the conflict. A society is formed for discussion, but the idea of impending action prevails in the minds of all those who constitute it. It is, in fact, an army; and the time given to speech serves to reckon up the strength and to animate the courage of the host, after which they march against the enemy. To the persons who compose it, resources which lie within the bounds of law may suggest themselves as means of success, but never as the only means.
Such, however, is not the manner in which the right of association is understood in the United States. In America the citizens who form the minority associate in order, first, to show their numerical strength and so to diminish the moral power of the majority; and, secondly, to stimulate competition and thus to discover those arguments that are most fitted to act upon the majority; for they always entertain hopes of drawing over the majority to their own side, and then controlling the supreme power in its name. Political associations in the United States are therefore peaceable in their intentions and strictly legal in the means which they employ; and they assert with perfect truth that they aim at success only by lawful expedients.
The difference that exists in this respect between Americans and Europeans depends on several causes. In Europe there are parties which differ so much from the majority that they can never hope to acquire its support, and yet they think they are strong enough in themselves to contend against it. When a party of this kind forms an association, its object is not to convince, but to fight. In America the individuals who hold opinions much opposed to those of the majority can do nothing against it, and all other parties hope to win it over to their own principles. The exercise of the right of association becomes dangerous, then, in proportion as great parties find themselves wholly unable to acquire the majority. In a country like the United States, in which the differences of opinion are mere differences of hue, the right of association may remain unrestrained without evil consequences. Our inexperience of liberty leads us to regard the liberty of association only as a right of attacking the government. The first notion that presents itself to a party, as well as to an individual, when it has acquired a consciousness of its own strength is that of violence; the notion of persuasion arises at a later period, and is derived from experience. The English, who are divided into parties which differ essentially from each other, rarely abuse the right of association because they have long been accustomed to exercise it. In France the passion for war is so intense that there is no undertaking so mad, or so injurious to the welfare of the state that a man does not consider himself honored in defending it at the risk of his life.
But perhaps the most powerful of the causes that tend to mitigate the violence of political associations in the United States is universal suffrage. In countries in which universal suffrage exists, the majority is never doubtful, because neither party can reasonably pretend to represent that portion of the community which has not voted. The associations know as well as the nation at large that they do not represent the majority. This results, indeed, from the very fact of their existence; for if they did represent the preponderating power, they would change the law instead of soliciting its reform. The consequence of this is that the moral influence of the government which they attack is much increased, and their own power is much enfeebled.
In Europe there are few associations which do not affect to represent the majority, or which do not believe that they represent it. This conviction or this pretension tends to augment their force amazingly and contributes no less to legalize their measures. Violence may seem to be excusable in defense of the cause of oppressed right. Thus it is, in the vast complication of human laws, that extreme liberty sometimes corrects the abuses of liberty, and that extreme democracy obviates the dangers of democracy. In Europe associations consider themselves, in some degree, as the legislative and executive council of the people, who are unable to speak for themselves; moved by this belief, they act and they command. In America, where they represent in the eyes of all only a minority of the nation, they argue and petition.
The means that associations in Europe employ are in accordance with the end which they propose to obtain. As the principal aim of these bodies is to act and not to debate, to fight rather than to convince, they are naturally led to adopt an organization which is not civic and peaceable, but partakes of the habits and maxims of military life. They also centralize the direction of their forces as much as possible and entrust the power of the whole party to a small number of leaders.
The members of these associations respond to a watchword, like soldiers on duty; they profess the doctrine of passive obedience; say, rather, that in uniting together they at once abjure the exercise of their own judgment and free will; and the tyrannical control that these societies exercise is often far more insupportable than the authority possessed over society by the government which they attack. Their moral force is much diminished by these proceedings, and they lose the sacred character which always attaches to a struggle of the oppressed against their oppressors. He who in given cases consents to obey his fellows with servility and who submits his will and even his thoughts to their control, how can he pretend that he wishes to be free?
The Americans have also established a government in their associations, but it is invariably borrowed from the forms of the civil administration. The independence of each individual is recognized; as in society, all the members advance at the same time towards the same end, but they are not all obliged to follow the same track. No one abjures the exercise of his reason and free will, but everyone exerts that reason and will to promote a common undertaking.