The Crowd [67]
which had for result that he was immediately set at liberty by the Chief of the State. The honourable character given the condemned man by all his fellow-citizens made the grossness of the blunder self-evident. The magistrates themselves admitted it, and yet out of caste considerations they did all they could to prevent the pardon being signed. In all similar affairs the jury, confronted with technical details it is unable to understand, naturally hearkens to the public prosecutor, arguing that, after all, the affair has been investigated by magistrates trained to unravel the most intricate situations. Who, then, are the real authors of the error--the jurymen or the magistrates? We should cling vigorously to the jury. It constitutes, perhaps, the only category of crowd that cannot be replaced by any individuality. It alone can temper the severity of the law, which, equal for all, ought in principle to be blind and to take no cognisance of particular cases. Inaccessible to pity, and heeding nothing but the text of the law, the judge in his professional severity would visit with the same penalty the burglar guilty of murder and the wretched girl whom poverty and her abandonment by her seducer have driven to infanticide. The jury, on the other hand, instinctively feels that the seduced girl is much less guilty than the seducer, who, however, is not touched by the law, and that she deserves every indulgence.
[25] The magistracy is, in point of fact, the only administration whose acts are under no control. In spite of all its revolutions, democratic France does not possess that right of habeas corpus of which England is so proud. We have banished all the tyrants, but have set up a magistrate in each city who disposes at will of the honour and liberty of the citizens. An insignificant juge d'instruction (an examining magistrate who has no exact counterpart in England.--Trans.), fresh from the university, possesses the revolting power of sending to prison at will persons of the most considerable standing, on a simple supposition on his part of their guilt, and without being obliged to justify his act to any one. Under the pretext of pursuing his investigation he can keep these persons in prison for six months or even a year, and free them at last without owing them either an indemnity or excuses. The warrant in France is the exact equivalent of the lettre de cachet, with this difference, that the latter, with the use of which the monarchy was so justly reproached, could only be resorted to by persons occupying a very high position, while the warrant is an instrument in the hands of a whole class of citizens which is far from passing for being very enlightened or very independent.
Being well acquainted with the psychology of castes, and also with the psychology of other categories of crowds, I do not perceive a single case in which, wrongly accused of a crime, I should not prefer to have to deal with a jury rather than with magistrates. I should have some chance that my innocence would be recognised by the former and not the slightest chance that it would be admitted by the latter. The power of crowds is to be dreaded, but the power of certain castes is to be dreaded yet more. Crowds are open to conviction; castes never are.
CHAPTER IV
ELECTORAL CROWDS
General characteristics of electoral crowds--The manner of persuading them--The qualities that should be possessed by a candidate--Necessity of prestige--Why working men and peasants so rarely choose candidates from their own class--The influence of words and formulas on the elector--The general aspect of election oratory--How the opinions of the elector are formed--The power of political committees--They represent the most redoubtable form of tyranny--The committees of the Revolution-- Universal suffrage cannot be replaced in spite of its slight psychological value--Why it is that the votes recorded would remain the same even if the right of voting were restricted to a limited class of citizens--What universal suffrage expresses in all countries.
[25] The magistracy is, in point of fact, the only administration whose acts are under no control. In spite of all its revolutions, democratic France does not possess that right of habeas corpus of which England is so proud. We have banished all the tyrants, but have set up a magistrate in each city who disposes at will of the honour and liberty of the citizens. An insignificant juge d'instruction (an examining magistrate who has no exact counterpart in England.--Trans.), fresh from the university, possesses the revolting power of sending to prison at will persons of the most considerable standing, on a simple supposition on his part of their guilt, and without being obliged to justify his act to any one. Under the pretext of pursuing his investigation he can keep these persons in prison for six months or even a year, and free them at last without owing them either an indemnity or excuses. The warrant in France is the exact equivalent of the lettre de cachet, with this difference, that the latter, with the use of which the monarchy was so justly reproached, could only be resorted to by persons occupying a very high position, while the warrant is an instrument in the hands of a whole class of citizens which is far from passing for being very enlightened or very independent.
Being well acquainted with the psychology of castes, and also with the psychology of other categories of crowds, I do not perceive a single case in which, wrongly accused of a crime, I should not prefer to have to deal with a jury rather than with magistrates. I should have some chance that my innocence would be recognised by the former and not the slightest chance that it would be admitted by the latter. The power of crowds is to be dreaded, but the power of certain castes is to be dreaded yet more. Crowds are open to conviction; castes never are.
CHAPTER IV
ELECTORAL CROWDS
General characteristics of electoral crowds--The manner of persuading them--The qualities that should be possessed by a candidate--Necessity of prestige--Why working men and peasants so rarely choose candidates from their own class--The influence of words and formulas on the elector--The general aspect of election oratory--How the opinions of the elector are formed--The power of political committees--They represent the most redoubtable form of tyranny--The committees of the Revolution-- Universal suffrage cannot be replaced in spite of its slight psychological value--Why it is that the votes recorded would remain the same even if the right of voting were restricted to a limited class of citizens--What universal suffrage expresses in all countries.