I am far from undervaluing the importance of a sound and vigorous

legislation on the subject of servants, for they stand in a very

peculiar relation to their masters, and it would be well for all

parties if we had rules of the sort among ourselves. But there was

something ludicrous in seeing this important body gravely occupied in

discussing this minute feature in domestic economy, and that, too,

with an earnestness and zeal that had slumbered while the debate

concerning taxation lasted. One or two country members stammered

through speeches of great nicety and erudition, and one man was

carried away by such an ecstacy of admiration at the improvements of

the country, that he boldly affirmed one might now travel through

England and find silver forks and napkins in every inn! By the way,

if this be true, I have missed my road, for I saw nothing of the

sort between Dover and London. Another speaker was clearly a little

“how come you so,” but this is by no means unusual in parliament,

the papers having made five or six allusions to such scenes since I

arrived here. I have twice witnessed these exhibitions. I believe

they have been also seen in congress, in the night sessions; the

Anglo-Saxon race having a propensity to lower the head as well as to

raise the heels.

It would be unfair to cite this sitting as a specimen of what the

House of Commons is, in its better moments, though I feel persuaded

that the latter instances are the exceptions, while something very

like what I have here told you, makes the rule. I do not believe that

the average speaking of parliament is any better than that of the

state legislature of New York; though I beg you to understand that I

am not about to abuse my opportunities to renew the old discussion to

your manifest disadvantage. In making comparisons of this nature, it

is usual to overlook several important and qualifying circumstances.

The American legislative bodies are strictly the representatives

of the nation, or of certain geographical sections of the nation.

In tone, intelligence, deportment and education, they are but a

little above the average of their countrymen; if a small class, that

comprehends the very debased and vicious, be excluded, possibly not

at all. Parliament represents exclusively not only the rich, in the

main, but the landed interest, and is composed, almost entirely,

of men taken from the higher classes. Some of the consequences

which one would naturally expect from such causes are certainly

discoverable. The English of parliament, though far from faultless,

is, on the whole, materially better than that of congress. It could

hardly be otherwise, with the respective elements of the bodies we

are comparing, and when we recollect, moreover, the manner in which

population is compressed in England, and how much it is diffused in

America. It is the friction of constant intercourse which gives its

polish to society, and nothing could save us from downright rusticity

but the activity of a circulation that is out of all the ordinary

proportions of social communion. It may be too much to say that this

active and altogether peculiar blending of persons is _polishing_

America, but it is _chiselling_ the whole surface of society down to

a smoothness that destroys marked inequalities.

The House of Commons contains more than six hundred and forty

members,[13] whereas the House of Representatives contains but

about two hundred and twenty. Now a simple proposition in the rule

of three, will demonstrate that the former ought to possess nearly

three times as many good speakers as the latter, in order to be

relatively on a level with it. I greatly question if it has as many,

numerically speaking, alone. I believe that one hundred men can be

found in congress, who would, on an emergency, make much better

extemporaneous speeches, than one hundred of the best speakers in the

House of Commons. As between the House of Lords and the Senate, when

the relative numbers are considered, there is no comparison.

There is, however; another[however, another] side to this question, that must not be

overlooked. A large proportion of the English Commons, are laymen,

whereas a majority of Congress, perhaps, belong to a profession in

which the art of debating, or something very near it, is cultivated

as the means of subsistence. They lay great stress here on these

distinctions, as an anecdote that I will relate may give you to

understand.

The tories have recently made a great acquisition to their ranks, by

the entrance of a Mr. Sadler into parliament. He has just delivered

a speech that has made some noise, and which, if not literally so,

is deemed to be maiden, in reference to its importance. Walking up

St. James’s street the day after Mr. Sadler spoke, I met Lord ——, a

whig member of the House of Commons. He asked me if I had been in

the house the previous night, and then alluded to the effort of Mr.

Sadler. “The tories are making a great noise about him,” said Lord

——, “but we have found out that he is a _lawyer_! Every one thought,

at first, he was a _country gentleman_, but, lo and behold! he turns

out to be a lawyer!” It was not so easy, at first, to understand

the connexion between the merits or demerits of Mr. Sadler’s speech

and his profession, but a little further conversation gave me the

clue. In a social organization as factitious as this, things get to

be estimated by their relations to the different phases of society.

Success is _quoad hoc_. If a duke were to exhibit a picture, though

no great things of itself, thousands would rush to see it, as a

good thing for a duke. This spirit is particularly observable in

literature; a book written by a lord selling almost as a matter

of course, for his inferiors love to live, even in the equivocal

familiarity of thinking, in communion with a nobleman. Byron owes no

small portion of his popularity to his rank, for the better portions

of his works are by no means suited to the common English tastes.

While one smiles at these distinctions, it must not be forgotten

that they come fairly into the account in comparing the oratory

of parliament and congress. If we urge on one side that the same

conventional deportment and purity of pronunciation are not to be

expected in an American as in an English legislature, because one

represents an entire community and the other an _élite_, we cannot

refuse the plea that their system excludes a set of men trained

to public speaking, while ours freely admits them. In brief, the

question properly divides itself between the fact and its reasons.

The fact, I believe, to be as already stated, and I think that some

of the strongest qualifying circumstances on both sides, have here

been enumerated.

You will be curious to know what may be the effect of the cheering

and coughing system; or, perhaps it were better now to term it the

_bah-ing_ system. There can be no doubt that such practices open the

door to abuses of a more serious character than those which arise

from the liberty of talking by the day. One puts it in the power

of a majority to stifle reason and suppress facts, while the other

merely exhausts patience and consumes time. Now time is of much less

importance to congress than to parliament, since the powers of the

former extend only to certain great interests, while the latter, as

I have just shown you, legislates even about the servants of the

country.

It would be a great saving of time, and a great furtherance of

justice, if there were established a tribunal at Washington, to sit

constantly, whose sole business it should be to decide on private

claims against the government. An appeal might lie to Congress,

on the part of a public advocate appointed to protect the public

interests, or it might even be expedient to sanction all the

decisions by enactments, but, in nineteen cases in twenty, I think,

the two houses would take the reports of the tribunal as conclusive.

The auditors, it is true, form some such judicial officers now, but

the tribunal I mean would take cognizance of all the claims that at

present go before Congress, and might be contested, if improper, by

a law officer. We shall have such a court, in time, but not till we

think less as Englishmen and more as Americans.

We are too apt to consider parliament and congress as bodies of

similar powers, and, consequently, as recognising the same general

legislative maxims. This error has led to some of the most serious

evils to which our experience has given birth, and which, by

insensible means, unless corrected in time, will sooner or later lead

to a perversion of the governing principles of our own government.

Whatever may have been the ancient dogmas of the British

constitution, parliament is now absolute. It is true that the

executive, in theory, forms an integral part of parliament, but by

gradual and constant encroachments on the authority of the crown,

the ministers have become the creatures of parliament whenever the

latter sees fit to assert its authority, although a majority of the

latter is apt to be the creatures of ministers, in another and a

more limited sense. The members are bought, it will be remembered;

however, because they possess the power, and he who traffics away

his authority, in this mode, does not part with it entirely, but is

merely turning it to his personal account. The only power in England

that can resist parliament, is the body of the nation. As this is an

extra-legal force, forming no part of the system, it is to be found

everywhere, and is only more available in England than in Turkey,

because the nation is more enlightened. It is in truth the only

elementary check which exists on the action of the omnipotence of

parliament, all the others extending no further than they can go by

intrigue and management. This practical feature in her government,

gives England some sort of claim to be considered a republic.

Congress is composed of _attorneys in fact_, not only are its powers

expressly limited, but such is the nature of the trusts, that any

attempt to exceed them is a direct assault on the omnipotence of the

constituency. With us the executive is as much representative as the

legislature, the trustee of the power being a direct emanation of the

popular will. To attempt to control him, then, in the exercise of his

constitutional authority, is for an attorney named for one specific

trust to attempt to discharge the duties committed to another, named

for quite a different, and for an equally specific trust.

These are the general features of difference, which of themselves

are sufficient to give birth to very different legislative maxims,

and which _would_ give birth to them, were not traditions, more

efficacious, in such matters, than principles. But there are many

minor points that frequently agitate us, and which are commonly

settled on English principles, that are closely connected with a due

consideration of the discrepancies between the two polities. I will

illustrate my meaning, by an example.

The right of petition is justly esteemed an important English right,

whereas with us, it may be made the instrument of doing infinite

harm, while I question if a single case of its exclusive and

particular usefulness, could be cited.

In England, the right of petition is the only regular mode by which

the body of the nation can at all enter into the councils of the

nation. Apart from the fact that the constituencies are arbitrarily

wielded as mere political machinery, a vast majority of the English

have not even this indirect, and inefficient control over the

choice of their legislators. One body is hereditary, and the other

is chosen by a striking minority, even in theory; and, in fact, by

the influence of the aristocracy. Under such a system the right of

petition is doubly useful, for while it serves as a lever for the

mass, it also serves as a beacon to their rulers. A moderate and

timely application of this force may prevent an exercise of it that

would overturn the state.

The right to petition Congress existed entirely as a traditionary

right, until the constitution was amended. Certainly any man, or

any set of men could petition, as much as they pleased, but the

question now in consideration is whether there exists any governing

and important principle that would render it incumbent on Congress to

receive and consider their requests, had not Mr. Jefferson introduced

his amendment. As the people are directly, fully and always recently,

represented in Congress, there exists no plea on the score of the

necessity of adopting this mode of being heard, as in England. Under

such a system there is no danger of laws being passed, as in England,

to prevent county meetings being called without the sanction of an

officer of the government; and the people, if they wish it, have

always the expedient of assembling when, where and how they please,

to make their sentiments known. Congress has no power to pass any

such a law at all. Parliament may curb the press, but Congress is

absolutely impotent on this point. It was impotent, before the

amendment existed, for all these provisions were supererogatory. The

tendency of a government like ours, is to the doctrines of pledges

and instruction, (neither of which is tenable as a whole, though

true in part) and it would seem that they who claim a right to

_instruct_ can have little need to _petition_. But the objects of a

petition can be better obtained by another mode of proceeding. If

the people assemble in primary meetings, and put the subject of the

petition into the form of a printed memorial, and cause their names

to be published, such a document would be more likely to effect its

object, because it would be more authentic than the old method. It

would be in the way of being read, so as to be understood, a fate

which befalls few petitions, and names could not be surreptitiously

annexed without exposure, as is constantly practised with petitions.

All this will probably appear very much like heterodoxy, and yet I

think it all quite true. The subject might easily be extended to many

other practices. You may feel disposed to ask, why Mr. Jefferson,

a lover of independence, so far overlooked these distinctions as

to obtain an insertion of a clause in the constitution, by way of

amendment, securing the right of petition to the people? No man

is omniscient; and Mr. Jefferson, having been educated under the

monarchy, deferred more to its maxims, than would have been the case,

had he lived later. But General Lafayette has explained to me the

reason why several of the supererogatory clauses were introduced, in

1801. Mr. Jefferson was in Europe when the constitution was formed.

This instrument was a subject of great interest to the liberals

of this part of the world, who know little of the substratum of

freedom which exists with us, in the state governments. It was an

awkward thing to explain that Congress possessed no powers that were

not expressly ceded, when he was asked where were our guarantees

for liberty of conscience, and of the press, and for this right

of petition, which, in Europe, where the people cannot assemble

without permission half the time, and are not directly represented,

is justly deemed a right of the last importance. Under the feeling

created by the constant inquiries that he heard on these points, Mr.

Jefferson got the amendments, mentioned, introduced. At least, such

is the history of the transaction that I have received from General

Lafayette.

In ninety-nine cases in a hundred, petitions lead to no greater

injury, with us, than to a waste of time. Indeed, they are getting

to be rather unusual, the public feeling them to be unnecessary. It

resorts to a higher power, being the master. But petitions may work

peculiar evil, under a system like ours. If recognised as a right,

it is a mode of entering Congress with vexed questions, over which

Congress may have but a doubtful, or no proper control, and disturb,

uselessly, the harmony of its councils. A single member may do this,

also, it is true, but with less influence, and consequently with

less injury. Petitions are a sort of semi-official consultation,

and, besides letting the wishes of the whole, or of a part of the

people be known, which can be, at least, as well effected by other

means, they insidiously work their way into the debates, and enlist

the passions, prematurely, on subjects that may require great

forbearance to be disposed of wisely and with safety. It should

always be remembered, among other things, that instead of dealing

with citizens, our government is often called on to deal with states.

There is so strong a bias in men of reading to take warning from

history, under the just persuasion, that human nature continues

inherently the same, throughout all time, that they too frequently

neglect to ascertain whether the facts are identical, in preaching

their favourite doctrine, that “like causes produce like effects.”

Of course I now speak of petitions for political and general objects,

and not of those introduced to obtain private favours. The word

itself is unsuited to our form of government, and even in private

cases, would be worthily displaced, by substituting “Memorial.”

LETTER XI.

TO JAMES E. DE KAY, ESQ.

I was passing through Pall Mall, shortly after the town became so

crowded, when I saw a mermaid combing her hair before a small mirror,

as the crest on a chariot that stood at a door, and I at once thought

I recognised the arms of Sir Walter Scott. On examining nearer, I

found the bloody hand, which left no doubt that the literary baronet

was in town.

Among the persons whom a mistaken opinion that I was the son of ——

——, had brought to my door, was Sir G—— P——, a member of parliament,

and a strong whig. This gentleman had the good nature not to drop me,

when he found his error, but he proffered many civilities, which were

commenced by an invitation to dinner.

I do not remember to have seen a house with exactly the same

_entourage_, as that of Sir G—— P——’s. I had the street and number of

course, but when I got near the place, I found nothing but shops,

or dwellings of an appearance that did not indicate the residence of

an affluent baronet. At the precise number, however, I found such a

door as one might have expected to meet; and nothing but a door. It

had pilasters, fan lights, a neat entrance, and a massive knocker,

with two powdered and liveried footmen in waiting. Of course I gave

the magical raps, the “open sesame” of London, and was forthwith

admitted. “Pray, sir, does Sir G—— P——, live here?” The answer was

satisfactory, though _how_ he lived was to me still a matter of

wonder. An inner door was opened, and a long and wide passage lay

before me. At the end of this, we found the apartments of the family,

which appeared to be ample, and suited to the condition of my host.

As it was half-past seven, I had no opportunity of ascertaining how

the light was obtained, or what sort of objects one looked out upon

by day-light, though in a subsequent morning visit, I thought, in

this particular, London was a little outdone even in obscurity.

We had at dinner, on this occasion, Sir James M‘Intosh, Mr. Spring

Rice, Mr. Rogers, Mr. Dumont, a Swiss, known for his remarks on

Mirabeau, and other works, and two or three ladies, besides a few

gentlemen, connections of the family. I have little to tell you of

the entertainment, except that Sir James M‘Intosh conversed a great

deal, and as usual, exceedingly well. The English do not strike

me as being good talkers; even when they have more in them than

the French, they appear to have less at command. Still, I think it

possible to find, not a pleasanter perhaps, but a more masculine

circle in this capital than in that of France. If it were possible

to keep our sets distinct, we would not be very far behind them

either, for, as people, we are better talkers than the English, and

our practical habits give us generally truer notions of more things

than they are apt to possess; but, keeping sets distinct, in a town

like New York, for instance, is much like stopping the flock, when a

single sheep has escaped.

Sir James M‘Intosh, to-day, was severe on some of the provisions

of the common law, and frankly admitted that the English system

cherished many gross absurdities merely on account of their

antiquity. He alluded to the law of the half-blood, which he

pronounced to be an atrocity. I ventured to say, that I thought there

was one thing connected with the subject that was worse than the law

itself, which was Sir William Blackstone’s reason for it. At this he

laughed, and made several pithy and sound remarks on the aptitude

of men to take any absurdity on the credit of great names, and the

disposition to find good reasons for practices, however irrational or

unjust, that had got to form a part of our habits. I wished heartily

that some of our “reading classes” had been present, that they might

have heard the manner in which one who has been “brought up at the

feet of Gamaliel,” venerates their idols. Were I to seek those who

entertain false and exaggerated notions of the merits of the “Three

Estates,” I should not look for them here, among men of reflection

and education, but among the book-worms of America, or in that

portion of our people, among whom the traditions of their emigrant

fathers are still rife; and I would thus seek them, on the principle,

that one who wished to see a fashion caricatured, would not look

for an example in the streets of a great capital, but in those of a

remote provincial town.

The fact is, the _seemliness_ of England, its studied and calculated

decencies, often deceive near observers, and it is no wonder that

ardent admirers, at a distance, should be misled by so specious an

outside. I remember just before leaving home to have had a discussion

with an intimate friend, on the subject of close corporations. My

friend, is as honest a fellow as breathes, and what is more one who

loves his native land; not its cats and dogs, because they are _his_

cats and dogs, or, in other words, he is not a Broad-way-patriot,

but is a man who has a natural sentiment in favour of the land of

his fathers, takes an honest pride in its history, looks forward to

the future with hope, and has a manly appreciation of the leading

and distinctive features of its institutions. But, with all these,

and many other excellencies, he has rather a bookish predilection in

favour of things that have been prettily and coquettishly set forth

in English literature. Among other crotchets of this nature, he had

taken it into his head that, while it might be well enough to form a

broad base for society in the main, close corporations were very good

things, as wheels within a wheel. I remember that he particularly

instanced the New York Hospital, in proof of the justice of his

notions.

I believe the New York Hospital is almost the only institution we

have, that possesses this privilege. Now it is a distinction to

belong to any thing exclusive, and this circumstance, alone, has

induced a class of men to accept the trust, who would not dream

of it, were similar things common. This is one cause why the

privilege is not abused. Another reason is, that the community

gets a tone, either for good or for evil, by its prevalent habits,

and the effects which flow from open corporations, and which must

influence a solitary close corporation that happens to exist in

their neighbourhood, would be superseded by the effects of close

corporations were there more of the latter than of the former.

As Rome was not built in a day, neither is one isolated fact to

establish a theory.

I mention these things because the abuses of the English

close-corporation-system was the subject of conversation, to-day, and

I found the sentiment very generally against them. Some reform is

declared to be indispensable, in order to get rid of the corruption

that has grown up under the practice.

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