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Democracy In America-2 [161]

By Root 3719 0
from amongst these examples one derived from the law of wills. In aristocracies it is common to profess the greatest reverence for the last testamentary dispositions of a man; this feeling sometimes even became superstitious amongst the older nations of Europe: the power of the State, far from interfering with the caprices of a dying man, gave full force to the very least of them, and insured to him a perpetual power. When all living men are enfeebled, the will of the dead is less respected: it is circumscribed within a narrow range, beyond which it is annulled or checked by the supreme power of the laws. In the Middle Ages, testamentary power had, so to speak, no limits: amongst the French at the present day, a man cannot distribute his fortune amongst his children without the interference of the State; after having domineered over a whole life, the law insists upon regulating the very last act of it.]

[Footnote b: In proportion as the duties of the central power are augmented, the number of public officers by whom that power is represented must increase also. They form a nation in each nation; and as they share the stability of the government, they more and more fill up the place of an aristocracy.

In almost every part of Europe the government rules in two ways; it rules one portion of the community by the fear which they entertain of its agents, and the other by the hope they have of becoming its agents.]

But this is as yet only one side of the picture. The authority of government has not only spread, as we have just seen, throughout the sphere of all existing powers, till that sphere can no longer contain it, but it goes further, and invades the domain heretofore reserved to private independence. A multitude of actions, which were formerly entirely beyond the control of the public administration, have been subjected to that control in our time, and the number of them is constantly increasing. Amongst aristocratic nations the supreme government usually contented itself with managing and superintending the community in whatever directly and ostensibly concerned the national honor; but in all other respects the people were left to work out their own free will. Amongst these nations the government often seemed to forget that there is a point at which the faults and the sufferings of private persons involve the general prosperity, and that to prevent the ruin of a private individual must sometimes be a matter of public importance. The democratic nations of our time lean to the opposite extreme. It is evident that most of our rulers will not content themselves with governing the people collectively: it would seem as if they thought themselves responsible for the actions and private condition of their subjects - as if they had undertaken to guide and to instruct each of them in the various incidents of life, and to secure their happiness quite independently of their own consent. On the other hand private individuals grow more and more apt to look upon the supreme power in the same light; they invoke its assistance in all their necessities, and they fix their eyes upon the administration as their mentor or their guide.

I assert that there is no country in Europe in which the public administration has not become, not only more centralized, but more inquisitive and more minute it everywhere interferes in private concerns more than it did; it regulates more undertakings, and undertakings of a lesser kind; and it gains a firmer footing every day about, above, and around all private persons, to assist, to advise, and to coerce them. Formerly a sovereign lived upon the income of his lands, or the revenue of his taxes; this is no longer the case now that his wants have increased as well as his power. Under the same circumstances which formerly compelled a prince to put on a new tax, he now has recourse to a loan. Thus the State gradually becomes the debtor of most of the wealthier members of the community, and centralizes the largest amounts of capital in its own hands. Small capital is drawn into its keeping
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