Chapter 3

That some extravagant notions, in which interest has thrown its mists before the reason of our people, exist, is, we think undeniable; and we concede that the two recently promulgated figments of the equilibrium and the rights of persons over the property and Territory of the United States have a character of feebleness and obvious delusion that would excite our wonder, did we not have so many occasions to observe and comment on the frailty of human judgment when warped by motives of this nature. To us it would seem, that the people of any particular State have just the same claim to use the ships of war, and forts, and public buildings of the United States, as they have, unpermitted by the sovereign power, to occupy any of its lands. That which is the property of the public is no more the property of individuals, in law or reason, than the estate of any one man is the estate of his neighbor. Carry out the doctrine in spirit, and it would lead to general confusion, and a state of things so impracticable as to disorganize society. If the people are thus intrinsically masters and owners of all around them, why are they not the proprietors of the banks and other corporations created by themselves? They made the government, if you will, though in a very limited capacity; and they made these corporations, much more directly and unequivocally; and, admitting the truth of this copartnership principle, in which every man is so far a member of the firm that he may take his share of the assets, we cannot see that he is not equally entitled to lay his hands on all the other progeny of the popular will. In a word, the doctrine would seem to be not only weak, but absurd; and we find a difficulty in believing that any cool-headed and reflecting man can feel the necessity for refuting it.

{just the same claim = Cooper is again ridiculing John C. Calhoun's assertion that, because the new Territories of the West acquired from Mexico belonged to the people rather than the Federal Government, Southerners had an inherent right to bring and keep their slaves in them regardless of Federal law}

But other dangers undeniably beset the country, that have no connection with this question of Slavery. However repugnant it may be to the pride of human nature, or the favorite doctrines of the day, there can be little question that the greatest sources of apprehension of future evil to the people of this country, are to be looked for in the abuses which have their origin in the infirmities and characteristics of human nature. In a word, the people have great cause to distrust themselves; and the numerous and serious innovations they are making on all sides, on not only the most venerable principles in favor with men, but on the divine law, must cause every reflecting man to forbode a state of things, far more serious than even that which would arise from a separation of the States into isolated parts.

The particular form in which this imminent danger is now, for the first time seriously since the establishment of the Government, beginning to exhibit itself, is through the combinations of the designing to obtain a mercenary corps of voters, insignificant as to numbers, but formidable by their union, to hold the balance of power, and to effect their purposes by practising on the wilful, blind, wayward, and, we might almost add, fatal obstinacy of the two great political parties of the country. Here, in our view, is the danger that the nation has most to apprehend. The result is as plain as it is lamentable. In effect, it throws the political power of the entire Republic into the hands of the intriguer, the demagogue, and the knave. Honest men are not practised on by such combinations; but, with a fatality that would seem to be the very sport of demons, there they stand, drawn up in formidable array, in nearly equal lines of open and deriding hostility, leading those who no longer conceive it necessary to even affect the semblance of respect to many of the plainest and most important of the principles of social integrity that have ever been received among men.

Anyone familiar with the condition of Europe must know, that under the pressure of society in that quarter of the world, and toward which we are fast tending by a rapid accumulation of numbers, the present institutions of America, exercised under the prevalent opinions of the day, could not endure a twelvemonth. That which is now seen in France rendering real political liberty a mere stalking-horse for the furtherance of the projects of the boldest adventurers, would inevitably be seen here; the bayonet alone would be relied on for the preservation of the nearest and dearest of human rights. There could and would be no other security for the peace of society, and that circle of power which, rising in the masses, ends in the sceptre of the single despot, would once more be made as it might be in derision of all our efforts to be free.

{now seen in France = following the French Revolution of 1848 Louis Napoleon Bonaparte (1808-1873), nephew of the first Emperor Napoleon, had been elected as President of France and was consolidating his power--in December 1851, shortly after Cooper's death, he would proclaim himself Emperor Napoleon III}

If the existence of nations resembled that of individuals, it would not be difficult to foretell the consequences of this state of things; but communities may be said to have no lives, and are ever to be found occupying their places, and using the means assigned to them by Providence, whether free or enslaved, prosperous or the reverse. No one can foretell the future of this great country, in consequence of the extent and number of its outlets, each a provision of Providence to put a check on revolutions and violence.

The elements of a monarchy do not exist among us; the habits of the entire country are opposed to the reception of such a form of government. Nor do we know, bad as our condition is rapidly getting to be, strong as are the tendencies to social dissolution, and to the abuses which demand force to subdue, that anything would be gained by the adoption of any substitute for the present polity of the country to be found in Europe. The abuses there are possibly worse than our own, and the only question would seem to be as to the degree of suffering and wrong to which men are compelled to submit through the infirmities of their own nature. There is one great advantage in the monarchical principle, when subdued by liberal institutions, as in the case of the government of that nation from which we are derived, which it would seem a republic cannot possess. We allude to the transmission of a nominal executive power that spares the turmoil, expense, and struggles of an election, and which answers all the purposes of the real authorities of the State in designating those who are to exercise the functions of rulers for the time being. It has often been predicted that the periodical elections of the chief magistrate of this country will, at no distant day, destroy the institutions. It would be idle to deny that the danger manifestly increases with the expedients of factions; and that there are very grave grounds for apprehending the worst consequences from this source of evil. As it now is, the working of the system has already produced a total departure from the original intention of the Government; a scheme, probably, that was radically defective when adopted, and which contained the seeds of its own ruin. Recourse to electors has become an idle form, ponderous and awkward, and in some of its features uselessly hazardous. We are in the habit of comparing the cost of government in this country with that of other nations in the Old World. Beyond a question, the Americans enjoy great advantages in this important particular, owing to their exemption from sources of expenses that weigh so heavily on those who rely for the peace of society solely on the strong hand. But confining the investigation simply to the cost of Executives it may well be questioned if we have not adopted the most expensive mode at present known among civilized nations. We entertain very little doubt that the cost of a presidential election fully equals the expenditures of the empire of Great Britain, liberal as they are known to be, for the maintenance of the dignity of its chief magistracy. Nor is this the worst of it; for while much of the civil list of a monarch is usefully employed in cherishing the arts, and in fostering industry, to say nothing of its boons to the dependent and meritorious in the shape of pensions, not a dollar of the millions that are wasted every fourth year among ourselves in the struggles of parties, can be said to be applied to a purpose that has not a greater tendency to evil than to good. The simple publication of documents, perhaps, may form some exception to these abuses; but even they are so much filled with falsehoods, fallacies, audacious historical misstatements, exaggerations, and every other abuse, naturally connected with such struggles, that we are compelled to yield them our respect and credulity with large allowances for caution and truth. Were this the place, and did our limits permit, we would gladly pursue this subject; for so completely has the hurrah of popular sway looked down everything like real freedom in the discussion of such a topic as to render the voice of dissent almost unknown to us. But our purpose is merely to show what probable effects are to flow from the abuses of the institutions on the growth of the great commercial mart of which we are writing.

{recourse to electors = the Electoral College}

We certainly think that even the looseness of law, legislation, and justice, that is so widely spreading itself over the land, is not exactly unsuited to sustain the rapid settlement of a country. No doubt men accomplish more in the earlier stages of society when perfectly unfettered, than when brought under the control of those principles and regulations which alone can render society permanently secure or happy. In this sense even the abuses to which we have slightly alluded may be tolerated, which it would be impossible to endure when the class of the needy become formidable from its numbers, and they who had no other stake in society than their naked assistance, could combine to transfer the fruits of the labors of the more industrious and successful to themselves by a simple recurrence to the use of the ballot box. We do not say that such is to be the fate of this country, for the great results that seem to be dependent on its settlement raise a hope that the hand of Providence may yet guide us in safety through the period of delusion, and the reign of political fallacies, which is fast drawing around us. Evil is so much mixed with good in all the interests of life, that it would be bold to pretend to predict consequences of such magnitude in the history of any nation. But we feel persuaded that radical changes must speedily come, either from the powerful but invisible control of that Being who effects his own purposes in his own wise ways, or the time is much nearer than is ordinarily supposed when the very existence of the political institutions of this country are to be brought to the test of the severest practical experiment. The downward tendency can hardly proceed much further with the smallest necessary security to the rights of civilized men. When a legislative body can be brought solemnly to decide by its vote that because the principles of law leave them the control of the rules for the descent of property, therefore, whenever a landlord may happen to die, his tenant shall have the privilege of converting his leasehold estate into a fee on which the debt is secured in the shape of mortgage, there is little left in the way of security to the affluent and unrepresented. They must unite their means to prevent destruction; and woe to that land which gives so plausible an excuse to the rich and intelligent for combining their means to overturn the liberties of a nation, as is to be found in abuses like those just named. We very well know that the idea is prevalent among us of the irresistible power of popular sway; but he has lived in vain who has seen the course of events in other nations for the last half century, and has not made the discovery that men in political matters become the servants of money as certainly and almost as actively as the spirits of the lamp were made to do the bidding of Aladdin. To us, it would seem that the future of this country holds out but three possible solutions of the tendencies of the present time--viz. the bayonet, a return to the true principles of the original government, or the sway of money. For the first it may be too soon; the pressure of society is scarcely sufficient to elevate a successful soldier to the height of despotism, though the ladder has been raised more than once against the citadel of the Constitution by adventurers of this character, through the folly and heedless impulses of the masses. Fifty years hence, and a condition of society will probably exist among us that would effectually have carried out the principle of despotic rule which is beginning to show itself in the bud amongst us, and which is nothing more than the shadowing out of coming events.

{legislative body can be brought = the New York State legislature had enacted laws giving certain tenant farmers the right to purchase the land they occupied, thus ending one of the causes of the so-called "anti-rent wars" of the 1840s in upstate New York}

Notwithstanding all these obvious tendencies and the manifest dangers that beset the real liberties of the country, we do not see that any material influence will be brought by them to bear upon the fortunes and ascendancy of the particular place of which we are writing. Even political despotism in this age would necessarily respect the ordinary rights of commerce, and quite probably the greater security that would be given to property, the increased dignity and authority of the courts of justice, and the visible control of a vigilant and efficient government might rather have a tendency to build up than to check the progress of the capital of any country.

Civil war, in our view, can alone produce any material checks to the prosperity of these towns of Manhattan. Against the malign influence of so great a source of evil no one can with discretion venture to predict the consequences. But we do not think that it enters into the spirit of the true American character, so remarkable for its mildness and disposition to mercy, in carrying out the powers of government, to permit such a struggle as would be likely to produce long-continued, or very withering local distress. Compromises in some form or other would be resorted to, to restore the course of the commerce of the country; and although it might be, and probably would be, that this could only be accomplished in the midst of the triumph of disorder, irresponsibility, and the derangement of most that is necessary to permanent security and quiet, a set of laws would arise for the control of the affairs of the towns that would exercise their sway, without any appeal to regularly constituted authority, beyond that of the law of necessity. At this very moment, when we have all the machinery of an efficient government around us, and one has a right to look to the courts for the protection of his rights, a thousand dollars of debt are secured and paid in a place like that of New York, by the sole influence of commercial opinion, where one dollar is secured and paid by the process of law. Trade issues its own edicts, and they are ordinarily found to be too powerful for resistance, wherever there are the concentrated means of rendering them formidable by the magnitude of the interests they control.

We see, then, nothing in the future that is very likely seriously to disturb the continued growth and increasing ascendancy of the great mart of the country. A trading people will pursue its interests under any conceivable or tolerable condition of things. It would require a generation or two, indeed, to obliterate, or even sensibly to diminish the habits and opinions now in existence among the people; and it must ever be remembered that society pursues its regular course more or less successfully, according to circumstances, even in the midst of revolution, war, and rapine. A battle is fought to-day, and a month hence it becomes difficult to discover its traces, over which the p{l}ough has already passed, and among which the husbandman is resuming his toil, as he replaces his fences, and clears away his fallen trees after the passage of the whirlwind. It follows from these views, and this course of reasoning, which might be greatly extended and much more satisfactorily developed, that political changes have less direct influence on the ordinary march of society than is commonly supposed. The spirit of the age is and must be respected by rulers of every shade of character; and the fourth estate, as opinion is commonly termed, enters largely into the ordinary action of every form of government or combination of social organization that the accidents of history have produced, or the sagacity and wants of men have more ambitiously paraded before the eyes of their fellow creatures. When we couple with these facts the certainty that there are undercurrents which enable ordinary society, trade, and all the other active and daily recurring interests of life, to manage their own affairs more or less in their own way, it is not easy to foresee any material consequences to the progress of a place like this at the mouth of the Hudson, that can trace their rise to the future course of political events in the country. We do not anticipate any apparent dissolution of the ordinary ties of society, for we know that nations will bear burdens of this nature for a long period of time, without struggling or making the effort necessary to remove them; and that it is only when they are felt to be intolerable to the great body of the people that one may confidently hope for redress and reformation. Petty wrongs are never repaired by the masses; they sometimes vindicate their rights by means of the strong arm, when seriously required to do so, but in general the wrong is endured, and the victim immolated without awakening attention or leaving any regrets among those who escape its immediate consequences.

It has long been a subject of investigation among moralists, whether the existence of towns like those of London, Paris, New York, &c., is or is not favorable to the development of the better qualities of the human character. As for ourselves, we do not believe any more in the superior innocence and virtue of a rural population than in that of the largest capitals, perfectly conscious of the appalling accumulation of vice, and sin, and crime that is to be found in such places as London and Paris, and even in New York. We cannot shut our eyes to the numberless evils of the same general character of disobedience to the law of God, that are to be found even in the forest and the most secluded dales of the country. If there be incentives to wrong-doing in the crowded population of a capital town, there are many incentives to refinement, public virtue, and even piety, that are not to be met with elsewhere. In this respect we apprehend that good and evil are more nearly balanced among us than is commonly supposed; and we doubt if it were possible to render the laws a dead letter in the streets of New York, as has been done around the bell of the Capitol at Albany, and strictly among its rural population, directly beneath the eyes of the highest authority of the State. The danger to valuable and movable property would be too imminent, and those who felt an interest in its preservation would not fail to rally in its defence. It is precisely on this principle that in the end property will protect itself as against the popular inroads which are inevitable, should the present tendencies receive no check. Calm, disinterested, and judicious legislation is a thing not to be hoped for. It never occurs in any state of society except under the pressure of great events; and this for the very simple reason that men, acting in factions, are never calm, judicious, or disinterested.

{around the bell of the Capitol = Cooper is alluding to the public ferment in upstate New York, during the "anti-rent wars" of the 1840s, resulting in laws infringing, in Cooper's view, on the legal contractual and property rights of landowners}

Nevertheless, the community will live on, suffer, and be deluded: it may even fancy itself almost within reach of perfection, but it will live on to be disappointed. There is no such thing on earth, and the only real question for the American statesman is to measure the results of different defective systems for the government of the human race. We are far from saying that our own, with all its flagrant and obvious defects, will be the worst, more especially when considered solely in connection with whole numbers; though we cannot deny, nor do we wish to conceal, the bitterness of the wrongs that are so frequently inflicted by the many on the few. This is, perhaps, the worst species of tyranny. He who suffers under the arbitrary power of a single despot, or by the selfish exactions of a privileged few, is certain to be sustained by the sympathies of the masses. But he who is crushed by the masses themselves, must look beyond the limits of his earthly being for consolation and support. The wrongs committed by democracies are of the most cruel character; and though wanting in that apparent violence and sternness that marks the course of law in the hands of narrower governments, for it has no need of this severity, they carry with them in their course all the feelings that render injustice and oppression intolerable.