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CHAPTER X.

PUBLIC OPINION, OR THE MAJORITY.

THE majority are always in the right, so says Miss Martineau, and so have said greater people than even Miss Martineau; to be sure Miss Martineau qualifies her expression afterwards, when she declares that they always will be right in the end. What she means by that I do not exactly comprehend; the end of a majority is its subsiding into a minority, and a minority is generally right. But I rather think that she would imply that they will repent and see their folly when the consequences fall heavily upon them. The great question is, what is a majority? must it be a whole nation, or a portion of a nation, or a portion of the population of a city; or,

in fact, any plus against any minus, be they small or be they large. For instance, two against one are a majority, and, if so, any two scoundrels may murder an honest man and be in the right; or it may be the majority in any city, as in Baltimore, where they rose and murdered an unfortunate minority;* or it may be a majority on the Canada frontier, when a set of miscreants defied their own government, and invaded the

* A striking instance of the excesses which may be occasioned by the despotism of the majority, occurred at Baltimore in 1812. At that time the war was very popular in Baltimore. A journal, which had taken the other side of the question, excited the indignation of the inhabitants by its opposition. The populace assembled, broke the printing-presses, and attacked the houses of the newspaper editors. The militia was called out, but no one obeyed the call, and the only means of saving the poor wretches, who were threatened by the frenzy of the mob, were to throw them into prison as common malefactors. But even this precaution was ineffectual; the mob collected again during the night, the magistrates again made a vain attempt to call out the militia, the prison was forced, one of the newspaper editors was killed upon the spot, and the others were left for dead; when the guilty parties were brought to trial, they were acquitted by the jury.

colony of a nation with whom they were at peace-all which is of course right. But there are other opinions on this question besides those of Miss Martineau, and we shall quote them as occasion serves.

I have before observed, that Washington left America a republic; and that in the short space of fifty years it has sunk into a democracy.

The barrier intended to be raised against the encroachments of the people has been swept away; the senate (which was intended, by the arrangements for its election, to have served as the aristocracy of the legislature, as a deliberative check to the impetus of the majority, like our House of Lords), having latterly become virtually nothing more than a second congress, receiving instructions, and submissive to them, like a pledged representative. This is what Washington did not foresee.

Washington was himself an aristocrat; he shewed it in every way. He was difficult of

access, except to the higher classes. He carried state in his outward show, always wearing his uniform as General of the Forces, and attended by a guard of honour. Indeed, one letter of Washington's proves that he was rather doubtful as to the working of the new government shortly after it had been constituted. He says,

"Among men of reflection few will be found, I believe, who are not beginning to think that our system is better in theory than in practice, and that notwithstanding the boasted virtue of America, it is more than probable we shall exhibit the last melancholy proof, that mankind are incompetent to their own government without the means of coercion in the sovereign”*

. This is a pretty fair admission from such high authority; and fifty years have proved the wisdom and foresight of the observation. Gradually as the aristocracy of the country wore

* Washington's letter to Chief Justice Jay, 10th March, 1787.

out (for there was an aristocracy at that time in America), and the people became less and less enlightened, so did they encroach upon the constitution. President after president gradually laid down the insignia and outward appearance of rank, the senate became less and less respectable, and the people more and more authoritative.

Those

M. Tocqueville says, "When the American revolution broke out, distinguished political characters arose in great numbers; for public opinion then served, not to tyrannize over, but to direct the exertions of individuals. celebrated men took a full part in the general agitation of mind common at that period, and they attained a high degree of personal fame, which was reflected back upon the nation, but which was by no means borrowed from it.”

It was not, however, until the presidency of General Jackson, that the democratic party may be said to have made any serious inroads upon the constitution. Their previous advances