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king 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？〃＇
If； on the other hand； a legislative power could be so constituted as to represent the majority without necessarily being the slave of its passions； an executive； so as to retain a certain degree of uncontrolled authority； and a judiciary； so as to remain independent of the two other powers； a government would be formed which would still be democratic without incurring any risk of tyrannical abuse。
I do not say that tyrannical abuses frequently occur in America at the present day； but I maintain that no sure barrier is established against them； and that the causes which mitigate the government are to be found in the circumstances and the manners of the country more than in its laws。
Effects Of The Unlimited Power Of The Majority Upon The Arbitrary Authority Of The American Public Officers
Liberty left by the American laws to public officers within a certain sphere …Their power。
A distinction must be drawn between tyranny and arbitrary power。 Tyranny may be exercised by means of the law； and in that case it is not arbitrary； arbitrary power may be exercised for the good of the community at large； in which case it is not tyrannical。 Tyranny usually employs arbitrary means； but； if necessary； it can rule without them。
In the United States the unbounded power of the majority； which is favorable to the legal despotism of the legislature； is likewise favorable to the arbitrary authority of the magistrate。 The majority has an entire control over the law when it is made and when it is executed； and as it possesses an equal authority over those who are in power and the community at large； it considers public officers as its passive agents； and readily confides the task of serving its designs to their vigilance。 The details of their office and the privileges which they are to enjoy are rarely defined beforehand； but the majority treats them as a master does his servants when they are always at work in his sight； and he has the power of directing or reprimanding them at every instant。
In general the American functionaries are far more independent than the French civil officers within the sphere which is prescribed to them。 Sometimes； even； they are allowed by the popular authority to exceed those bounds； and as they are protected by the opinion； and backed by the co…operation； of the majority； they venture upon such manifestations of their power as astonish a European。 By this means habits are formed in the heart of a free country which may some day prove fatal to its liberties。
Power Exercised By The Majority In America Upon Opinion
In America； when the majority has once irrevocably decided a question； all discussion ceases … Reason of this … Moral power exercised by the majority upon opinion … Democratic republics have deprived despotism of its physical instruments … Their despotism sways the minds of men。
It is in the examination of the display of public opinion in the United States that we clearly perceive how far the power of the majority surpasses all the powers with which we are acquainted in Europe。 Intellectual principles exercise an influence which is so invisible； and often so inappreciable； that they baffle the toils of oppression。 At the present time the most absolute monarchs in Europe are unable to prevent certain notions； which are opposed to their authority； from circulating in secret throughout their dominions； and even in their courts。 Such is not the case in America； as long as the majority is still undecided； discussion is carried on； but as soon as its decision is irrevocably pronounced； a submissive silence is observed； and the friends； as well as the opponents； of the measure unite in assenting to its propriety。 The reason of this is perfectly clear： no monarch is so absolute as to combine all the powers of society in his own hands； and to conquer all opposition with the energy of a majority which is invested with the right of making and of executing the laws。
The authority of a king is purely physical； and it controls the actions of the subject without subduing his private will； but the majority possesses a power which is physical and moral at the same time； it acts upon the will as well as upon the actions of men； and it represses not only all contest； but all controversy。 I know no country in which there is so little true independence of mind and freedom of discussion as in America。 In any constitutional state in Europe every sort of religious and political theory may be advocated and propagated abroad； for there is no country in Europe so subdued by any single authority as not to contain citizens who are ready to protect the man who raises his voice in the cause of truth from the consequences of his hardihood。 If he is unfortunate enough to live under an absolute government； the people is upon his side； if he inhabits a free country； he may find a shelter behind the authority of the throne； if he require one。 The aristocratic part of society supports him in some countries； and the democracy in others。 But in a nation where democratic institutions exist； organized like those of the United States； there is but one sole authority； one single element of strength and of success； with nothing beyond it。
In America the majority raises very formidable barriers to the liberty of opinion： within these barriers an author may write whatever he pleases； but he will repent it if he ever step beyond them。 Not that he is exposed to the terrors of an auto…da…fe； but he is tormented by the slights and persecutions of daily obloquy。 His political career is closed forever； since he has offended the only authority which is able to promote his success。 Every sort of compensation； even that of celebrity； is refused to him。 Before he published his opinions he imagined that he held them in common with many others； but no sooner has he declared them openly than he is loudly censured by his overbearing opponents； whilst those who think without having the courage to speak； like him； abandon him in silence。 He yields at length； oppressed by the daily efforts he has been making； and he subsides into silence； as if he was tormented by remorse for having spoken the truth。
Fetters and headsmen were the coarse instruments which tyranny formerly employed； but the civilization of our age has refined the arts of despotism which seemed； however； to have been sufficiently perfected before。 The excesses of monarchical power had devised a variety of physical means of oppression： the democratic republics of the present day have rendered it as entirely an affair of the mind as that will which it is intended to coerce。 Un