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It may even be observed； on attentive consideration； that under the rule of a democracy the arbitrary power of the magistrate must be still greater than in despotic States。 In the latter the sovereign has the power of punishing all the faults with which he becomes acquainted； but it would be vain for him to hope to become acquainted with all those which are committed。 In the former the sovereign power is not only supreme； but it is universally present。 The American functionaries are； in point of fact； much more independent in the sphere of action which the law traces out for them than any public officer in Europe。 Very frequently the object which they are to accomplish is simply pointed out to them； and the choice of the means is left to their own discretion。
In New England； for instance； the selectmen of each township are bound to draw up the list of persons who are to serve on the jury； the only rule which is laid down to guide them in their choice is that they are to select citizens possessing the elective franchise and enjoying a fair reputation。 *b In France the lives and liberties of the subjects would be thought to be in danger if a public officer of any kind was entrusted with so formidable a right。 In New England the same magistrates are empowered to post the names of habitual drunkards in public…houses； and to prohibit the inhabitants of a town from supplying them with liquor。 *c A censorial power of this excessive kind would be revolting to the population of the most absolute monarchies； here； however； it is submitted to without difficulty。
＇Footnote b： See the Act of February 27； 1813。 〃General Collection of the Laws of Massachusetts；〃 vol。 ii。 p。 331。 It should be added that the jurors are afterwards drawn from these lists by lot。＇
＇Footnote c： See Act of February 28； 1787。 〃General Collection of the Laws of Massachusetts；〃 vol。 i。 p。 302。＇
Nowhere has so much been left by the law to the arbitrary determination of the magistrate as in democratic republics； because this arbitrary power is unattended by any alarming consequences。 It may even be asserted that the freedom of the magistrate increases as the elective franchise is extended； and as the duration of the time of office is shortened。 Hence arises the great difficulty which attends the conversion of a democratic republic into a monarchy。 The magistrate ceases to be elective； but he retains the rights and the habits of an elected officer； which lead directly to despotism。
It is only in limited monarchies that the law； which prescribes the sphere in which public officers are to act； superintends all their measures。 The cause of this may be easily detected。 In limited monarchies the power is divided between the King and the people； both of whom are interested in the stability of the magistrate。 The King does not venture to place the public officers under the control of the people； lest they should be tempted to betray his interests； on the other hand； the people fears lest the magistrates should serve to oppress the liberties of the country； if they were entirely dependent upon the Crown； they cannot therefore be said to depend on either one or the other。 The same cause which induces the king and the people to render public officers independent suggests the necessity of such securities as may prevent their independence from encroaching upon the authority of the former and the liberties of the latter。 They consequently agree as to the necessity of restricting the functionary to a line of conduct laid down beforehand； and they are interested in confining him by certain regulations which he cannot evade。
Chapter XIII： Government Of The Democarcy In America … Part II Instability Of The Administration In The United States
In America the public acts of a community frequently leave fewer traces than the occurrences of a family … Newspapers the only historical remains …Instability of the administration prejudicial to the art of government。
The authority which public men possess in America is so brief； and they are so soon commingled with the ever…changing population of the country； that the acts of a community frequently leave fewer traces than the occurrences of a private family。 The public administration is； so to speak； oral and traditionary。 But little is committed to writing； and that little is wafted away forever； like the leaves of the Sibyl； by the smallest breeze。
The only historical remains in the United States are the newspapers； but if a number be wanting； the chain of time is broken； and the present is severed from the past。 I am convinced that in fifty years it will be more difficult to collect authentic documents concerning the social condition of the Americans at the present day than it is to find remains of the administration of France during the Middle Ages； and if the United States were ever invaded by barbarians； it would be necessary to have recourse to the history of other nations in order to learn anything of the people which now inhabits them。
The instability of the administration has penetrated into the habits of the people： it even appears to suit the general taste； and no one cares for what occurred before his time。 No methodical system is pursued； no archives are formed； and no documents are brought together when it would be very easy to do so。 Where they exist； little store is set upon them； and I have amongst my papers several original public documents which were given to me in answer to some of my inquiries。 In America society seems to live from hand to mouth； like an army in the field。 Nevertheless； the art of administration may undoubtedly be ranked as a science； and no sciences can be improved if the discoveries and observations of successive generations are not connected together in the order in which they occur。 One man； in the short space of his life remarks a fact； another conceives an idea； the former invents a means of execution； the latter reduces a truth to a fixed proposition； and mankind gathers the fruits of individual experience upon its way and gradually forms the sciences。 But the persons who conduct the administration in America can seldom afford any instruction to each other； and when they assume the direction of society； they simply possess those attainments which are most widely disseminated in the community； and no experience peculiar to themselves。 Democracy； carried to its furthest limits； is therefore prejudicial to the art of government； and for this reason it is better adapted to a people already versed in the conduct of an administration than to a nation which is uninitiated in public affairs。
This remark； indeed； is not exclusively applicable to the science of administration。 Although a democratic government is founded upon a very simple and natural principle； it always presupposes the existence of a high degree of culture and enlightenment in society。 *d At the first glance it may be imagined to belong to the earliest ages of the world； but maturer observation will convince us that it could only come last in the succession of human history。
＇Footnote d： It is needless to observe that I speak here of the democratic form of government as applied to a p