The gentleman is marked, first of all, by his character; everything

which is low, unworthy, malicious, or even petty is fundamentally

disagreeable to him. The true American is not to be judged by certain

scandal-mongering papers, nor by city politics. As known in private

life, he is admirable in all his social attitudes. He has a real

distaste, often in part æsthetic, for what is vulgar or impure; and this

is true in wider as in more exclusive circles. In business he may look

sharply to his own advantage; but even there he is not stingy or

trivial, and he will seldom make use of a petty advantage, of doubtful

actions, or dishonourable flattery and obsequiousness in order to gain

his end, nor be brutal toward a weak competitor. That is opposed to the

American national character. It is less opposed, however, to the

assimilated immigrant population, especially the Irish.

The relation of one man to his neighbour is correspondingly upright. The

spirit of self-assertion educates to politeness, helpfulness,

good-nature, and magnanimity. European books on America are fond of

saying that the fundamental principle of American life is, “Help

yourself.” If that is understood to mean that the individual person is

not expected to keep quiet and wait for some higher power to help him,

and is expected, instead of waiting for the government, to go ahead and

accomplish things for himself, it is true. We have already everywhere

discovered the principle of individual and private initiative to be the

great strength of the American state; the community is to act only when

the strength of the individual is not sufficient. And the American

believes in self-help in still another sense. He teaches his children to

think early of economic independence; the sons even of the wealthy man

are to begin with a small income and work up for themselves. Here the

traditions of the pioneers are in a way perpetuated, for they had to

conquer the soil by their own hard work. This training in self-help has

contributed very much to make the American strong, and will doubtless

continue to be regarded as the proper plan of education, however much

the increasing prosperity may tend in the opposite direction.

On the other hand, the motto “Help yourself” is thoroughly misleading,

if it is taken to mean that every one must help himself because his

neighbour will not help him. A readiness to help in every way is one of

the most marked traits of the American, from the superficial courtesy to

the noblest self-sacrifice. The American’s unlimited hospitality is well

known. Where it is a question of mutual social intercourse, hospitality

is no special virtue, and the lavish extravagance of present-day

hospitality is rather a mistake. But it is different when the guest is a

stranger, who has brought, perhaps, merely a short note of introduction.

The heartiness with which such an one is promptly taken into the house

and provided with every sort of convenience, arises from a much deeper

impulse than mere delight in well-to-do sociability. In the large

cities, the American affords his guests such lodging and entertainment

as a European is accustomed to bestow only in the country.

More or less remotely, all hospitality involves an idea of exchange; the

entirely one-sided devotion begins first in philanthropy. When men feel

themselves essentially equal, they may welcome external dissimilarities

which incite them to redoubled efforts; but they will not like to see

this unlikeness go beyond a certain point. Differences of power,

education, and wealth are necessary to keep the social machinery moving;

but there is a certain lower boundary where helplessness, illiteracy,

and poverty do really threaten the true personality. And then the whole

significance of social community is lost. One’s neighbour must not be

debased nor deprived by outward circumstances of his inner self; he must

have at once the means of working for culture and striving for power and

possessions. Otherwise, an inner unlikeness would arise which would have

to be recognized, and which would then contradict the presuppositions of

democratic society. The feeling of justice is aroused at the sight of

helplessness, the desire for reform at the sight of illiteracy; and

poverty inspires eager assistance.

In its outward effects social helpfulness amounts to the same as

religious benevolence, although they are at bottom far removed, and

their difference may be recognized, however much they work into one

another. In the world of self-perfection there is pity for the needy,

and benevolence is offered as a religious sacrifice. In the world of

self-assertion, the consciousness of right is uppermost, which will not

suffer the debasing influence of poverty; and here benevolence is felt

as a social duty by the performance of which social equality is

preserved. It is a natural consequence of pity and sacrifice to

encourage beggary and unsystematic alms-giving; and the fact that in

America everything is directed against beggary and against letting

anybody feel that he is receiving alms, speaks for the predominance of

the social over the religious motive in America. The one who receives

alms lowers himself, while the true social purpose is not in the

charitable intent to help up the fallen, but to protect the social

organism from the pathological symptom of such debasement; the belief in

equality and the right of self-assertion must not be taken from any

individual in America. The other extreme, state aid, legal enactments,

or illness and accident insurance, or insurance against old age or lack

of employment, would be politically impossible. They would be an attempt

on the individual’s right of self-determination, which would be opposed

for the sake of principle. The American social system demands, rather,

development along a line somewhere between individual alms-giving and

government insurance. It is a question of creating permanent social

organizations to do away with poverty, illness, depravity, crime, and

distress in a systematic, intelligent fashion.

The connection with the state would thus be preserved, since the state

poor-laws supervise and regulate such organizations; on the other hand,

the connection with individuals would be preserved, since they derive

most of their means from private gifts and enlist a great deal of

personal service, particularly that of women. Besides these private and

semi-public organizations, there is the co-operation of certain state

institutions on the one hand, and on the other of quiet individual

benevolence, for which any amount of organization always leaves plenty

of scope. Care of the poor and of children, social settlements and

educational funds, whatever the forms of helpfulness, the same spirit of

almost exaggerated benevolence inspires the gift of unlimited money,

advice, time, and strength. Philanthropy could be improved in its

outward technique in many states. Too often politics have a disturbing

influence; inexperience and religious narrowness are in evidence;

efforts are sometimes directed partly against one another; and many

conditions of distress arising from the mixed population of the great

thinly settled tracts of land, present problems which are still

unsolved. But this has nothing to do with the recognition of the

benevolent traits of American character.

The readiness of the American to give to good purposes is the more

impressive the closer one looks. From a distance, one sees gifts of

millions of dollars which less impress one; everybody knows that men

like Carnegie, Rockefeller, and Vanderbilt make no sacrifices in

contributing sums even in seven figures. But the person who is nearer

the scene observes that there is also the widow’s mite, and that the

well-to-do middle class often gives away a proportion of its income that

seems almost too large, according to European ideas. And this giving is

never a thoughtless throwing away; the giver always investigates. Almost

everybody has a special interest, where he fulfils his benevolent duties

thoughtfully and intelligently, Vanity hardly figures at all; the

largest gifts are often anonymous and unheard of by the newspapers.

Those who are often in the position of appealing to American public

spirit for good purposes, soon lose the feeling that they are reminding

the public of a duty or asking for an offering. The American gives in a

way which suggests that he is delighted to be called on for so worthy a

cause; he often adds a word of thanks to a contribution which is larger

than was expected, for having his attention called to the cause in hand.

And his benevolence is not all a matter of the check-book. Whether the

wind has blown some one’s hat off in the street, or some greater

mischance has brought unhappiness, the American feels that he lives in

the midst of a kindly disposed community. A feeling of comradeship is

always more or less in evidence. In any case of sudden accident or

misfortune, the way in which the American unselfishly lends a hand, or

the crowd instinctively organizes itself to give aid, always astonishes

a newcomer.

This fundamental motive shows itself in many ways; magnanimity is one of

the most characteristic variations. The American takes no advantage of

the weakness or misfortune of another; he likes competition, but that

presupposes that the competitors have equal advantages. An opponent’s

disadvantage takes away the pleasure of victory. During the Spanish War,

the ovations accorded to the Spanish “heroes” were often decidedly

beyond the limits of good taste; and even during the Civil War, when the

embitterment was extreme, people outdid themselves in their kind

treatment of the prisoners. And leading men of the North have lately

proposed, in spirited public addresses, to erect a national monument to

General Lee, the great leader of the Southern States. As in war so it is

in peace. The presidential candidates of the two parties arranged some

years ago to speak in the same places during the same week; but one of

them was detained by illness in his family, and the other cancelled his

speeches in order not to profit by the misfortune of his opponent. In

the case of a difference of opinion which is settled by vote, say in a

small club or committee meeting, the cheerful submission of the minority

is generally surpassed by the magnanimity of the majority.

This same magnanimity is shown in helping the weak; there are no

better-natured, more considerate, and patient people than the American,

so long as the social side of life is in question. Their temperamental

coolness and humour stand them in good stead. At bottom it is the

feeling that they are all equal, and that if one has made a miss-step

to-day and needs help, one needed it one’s self yesterday, and may need

it again to-morrow. The accident that one is doing one’s duty at the

moment while another is careless, indiscreet, or foolish is not to be

magnified nor taken to mean that one’s self is a better sort of a man.

Such kindliness greatly makes for general informality.

Among the current complaints of Europeans is, that the American life

lacks just this serene cordiality, the German Gemütlichkeit. It is true,

indeed, that the rhythm of American life is quicker and more energetic;

so that the stranger, until he has become accustomed to the more

strenuous pace, remains at first oppressed by a disagreeable sense of

haste; just as the American who visits Germany has at first a

disagreeable feeling of hide-bound pedantry and careless indifference.

Such a first impression is superficial. As soon as the American is

adapted to the adagio of German life, he feels that the slowness is not

carelessness; and the German, when he has learned the smarter marching

time of American life, knows in the same way that the quick, strong

accent by no means excludes serenity and comfort. It is true that in the

two countries these feelings are differently distributed. The German

Christmas-tide is certainly more fervent and serene than the American,

but it is a question whether German popular life has any holiday more

warmly solemnized than the Thanksgiving Day of New England. The American

nature favours a purely social comfort which has less to do with

sentiment and feeling than with the sense of affiliation.

German informality develops itself always among social equals, because

in Germany social differences seem to extend to the deepest traits of

personality; but social distinctions do not stand in the way of the

sympathetic intercourse of Americans, because they hardly ever forget

that such differences are external. In this sense the South German

enjoys more Gemütlichkeit than the North German, and the American more

than any European. The most indiscriminately chosen group can be brought

to a unity of feeling by the merest comical or pathetic accident, so

that all social distinctions fall away like dead leaves. In the most

dignified assembly, as at the busiest office, a single word or jest

creates unconsciously a sympathetic mood, in which the youngest

messenger and the most important director come at once into equality. A

feeling runs through the whole social life, as if one would like to say,

with a jovial wink, that no one believes really in all the social

distinctions, but is looking for what is good in the inner personality.

The most energetic expression of this inner striving for equality lies

in the feeling of justice. There is no province in which American and

German feelings are so different. This is especially true in the matter

of penal law. A crime is naturally a crime here as there, and the

differences in penalty are mainly due to different political, social,

and industrial institutions. The American is perhaps astonished at the

rigour of German law regarding the press or _lèse majesté_, and at the

mild punishment for duelling, or certain social delinquencies; while the

German is amazed at the severe American laws relating to temperance and

at the mild punishment for slander of officials, etc. But all this does

not show the least difference in the sense of justice, but only in the

institution. The real difference is deeper. The German, we might say,

lays the chief emphasis in seeing to it that on no account a criminal

shall evade the law, while the American will on no account let an

innocent man be punished. It is a matter of course that every social

community includes delinquents, and that for the protection of society a

penal code must do its best to suppress, to intimidate, or to improve

the lawless will. But in view of such necessary machinery, the American

feels that every effort should be made that his guiltless neighbour

shall not be molested, since the neighbour is one like himself. It is

better for a hundred guilty persons to escape the punishment they

deserve than for a single innocent person to be in the least aggrieved.

The real distinctions, therefore, do not lie in the penal code, but in

the way it is administered; to put it extremely, the German who is

accused is guilty until he proves his innocence, while the American is

innocent until he is proved guilty. A single example will make the

matter clear. Any one in the United States who has been charged with

murder or any other misdeed and on trial found not guilty, can never

again during his whole life be tried for the same crime; not even if

entirely new and convincing evidence comes up later, nor even if he

should himself confess the crime. The American jurist says that the

state has been given sufficient opportunity to prove the defendant’s

guilt. If the counsel of the state as plaintiff has not been able to

convince the jury, the accused man is legally innocent, and is protected

as a matter of principle from the dread of any renewal of the

accusation. In American legal opinion the German method of procedure

involves a certain arbitrariness, which according to the opinion of many

lawyers, is tolerated in Germany only because of the admirable quality

of the judges. American jurists say that about half of the testimony

admitted in the German court-room, and two-thirds admitted in the

French, are entirely incompatible with the legal supposition that every

man is innocent until proved guilty.

The different use of the oath is also characteristic of these two

countries. The sworn testimony on the basis of “information and belief”

is admitted without more ado, and so two contradictory pieces of

evidence under oath are not only admissible, but are very common; and

the German acceptance of the oath of one party and exclusion of that of

the other seems a downright impossibility from the point of view of

American law. In the same category is the requirement that the verdict

of the jury shall be unanimous. The twelve jurymen may not leave the

court except under surveillance until they have pronounced the verdict;

and thus it happens that they often have to sleep and eat for days in

the court house in order to be guarded from outside influences. If after

all they can come to no agreement, the case is dropped and the situation

remains exactly as it was before the trial; and the state attorney is

free to bring a new accusation. Only an unanimous “guilty” or “not

guilty” can be accepted. In this connection, too, is found the unusual

significance of the judicial injunctions, and especially of the writ of

habeas corpus, derived from Magna Charta, which says that no free man is

to be deprived of life, liberty, or property, except according to the

law of the land and by the verdict of his peers.

On looking over the judicial practice of the country as a whole, one

will feel, quite as in Germany, that this great machinery succeeds in

punishing crime and protecting society; but in America the instinctive

fear of the law is accompanied by a profounder feeling that any innocent

man is perfectly safe. Every trial shows, in a way, most clearly the

negative side of the process, that the rights of the defendant are to be

carefully protected. And if a newcomer in the country recalls certain

exaggerated reports in German newspapers of corruption in American

courts, he should bear in mind the words of Choate. Shortly before going

as ambassador to England, he made a speech before a society of jurists,

of which he was president, on the advantages and disadvantages of trial

by jury. As to the theoretical possibility of bribery in such cases, he

said that he could pass the matter over, since, during his experience of

forty years in law, he had not seen a single case in which even one

member of any jury had been accused of having been bribed. Unreliability

in the administration of justice would do away at once with the

fundamental principle of American social life. When men believe

sincerely in their equality, they naturally develop a strong sense of

justice, and regard the protection of the innocent man against every

sort of prejudice, hostility, dislike, or disregard as the very highest

function of the law.

We have depicted the brighter side of the American sense of equality,

and may now, with a few strokes, put in the shadows. No one has denied

that there are unfortunate features, although some assert that they must

be accepted or else more important advantages sacrificed. A stranger is

at once struck by the tendency to uniformity which arises from the

belief in general equality. The spirit of comradeship is unfavourable to

individual differentiation, no matter whether it is a question of a

man’s hat and necktie or his religion and his theory of the universe. He

is expected to demonstrate his uniformity by seeming no different from

every one else. In outward matters this monotony is considerably

favoured by industrial conditions, which produce staple articles in

great quantities and distribute them from one end of the country to

another. Exactly the same designs in fashion, arts and crafts, furniture

and machinery are put on exhibition at the same time in the show-windows

from New York to San Francisco. On the other hand, it is the economic

custom of the American to replace everything which he uses very

frequently. This is due to the cheapness of all manufactured articles

and the high price of the manual labour which is necessary to make

repairs. It is actually cheaper to buy new shoes and underclothing at

frequent intervals than to have the old ones mended, and this also

provides every man with the latest styles. If a new style of collar is

brought out to-day, there will, say among the thousands of Harvard

students, be hardly a hundred to-morrow wearing the old style. This

tendency is, of course, aided by the general prosperity, which enables

an unusually large proportion of persons to have considerably more than

they need, and to indulge, perhaps imitatively, in the fashionable

luxuries of the day.

As much as the general prosperity favours this rapid adoption of new

fashions, it is still clear that wealth might, in itself, also help its

possessors to distinguish themselves in outward ways; but this does not

happen in the United States by reason of these prevalent social ideals.

Now, the desire to do as others do affects even the inner life; one must

play the same game and must read the same novel, not because one thinks

it is better, but because others do it, and because one feels in inner

accord with the social community only by loving and hating the same

things as it. Those who do not like what others like, find themselves

extremists at once; they are instinctively held off by society as

bizarre or over-intense, and relegated to the social periphery. There

are too few intermediate stages between the many who follow one another

and the few who follow no one, and the finer shadings of personality are

too much lost in this way. Americans ape one another as the officers of

an army, and not merely in uniform, but in the adjustment of all their

habits and desires, until comradeship becomes sterile uniformity.

In many ways the American inventive talent tends to relieve the general

monotony. But this effort all the time to discover new solutions of this

or that social problem, new surprises, new entertainments, is itself

only a sort of game which is played at by all uniformly. The small city

imitates the large one, the rural population imitates the metropolitan;

no profession cares to keep its own social individuality; and the press

and politics of the entire country tend to obliterate all professional

and local differences in social life, and to make of the whole nation a

huge assembly of gentlemen and ladies who, whether high or low, desire

to be just gentlemen and ladies at large. It is still not difficult

to-day to distinguish a gentleman of Omaha from a New Yorker; but this

is in spite of the former, who, as a matter of principle, aims to

present the same appearance. East and West, and recently in both North

and South, one sees the same countenance, and it is seldom that one

hears something of an intelligent effort to kindle local sentiment in

contrast to national uniformity. There is an appeal to provincialism to

free itself from the system of empty mutual imitation, and yet everybody

must see that the profoundest instincts of this country are unfavourable

to the development of individual peculiarities.

The dangers of this uniformity are chiefly æsthetic, although it is not

to be forgotten that uniformity very easily grows into intellectual

mediocrity, and under some circumstances may bring about a certain

ethical listlessness. On the other hand, the unfavourable effects of

that good-nature which dominates American life are all of them ethical.

Their amiable good-nature is, in a certain sense, the great virtue of

the Americans; in another sense, their great failing. It is actually at

bottom his good-nature which permits him everywhere to overlook

carelessness and crookedness, and so opposes with a latent resistance

all efforts at reform. The individual, like the nation, has no gift for

being cross; men avoid for their own, but more especially for others’

sake, the disagreeable excitement. Since the country is prosperous and

the world wags pretty well, no one ought to grumble if he is now and

then imposed on, or if some one gets an advantage over him, or makes

misuse of power. Among comrades nobody ought to play the stern pontiff.

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