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ALEXIS DE TOCQUEVILLE.
In Memoriam.

LIFE in this sublunary world

derives its chief value from its use alone; and contemplated in this aspect of the great English moralist, there are few men in any country whose career was more precious, and whose existence was more valuable, in a public sense, than that of Alexis de Tocqueville, who expired on the 16th of April last at Hyères, on the shores of the Mediterranean, in the fifty-fourth year of his age. He had been for a considerable while suffering from the progress of an insidious disease, but it was only within the last five or six months that his friends unwillingly and mournfully renounced all hope of his ultimate recovery.

M. de Tocqueville was the son of the Baron de Tocqueville, a member of the Council General of the Oise, and President of the Agricultural Society of Compiègne. His father, a man of literary tastes, had distinguished himself as a statistician, economist, and administrator during the Empire and the Restoration, and had published at Compiègne more than one work connected with the moral and social economy of the Department of the Oise, in which he resided. In the earlier days of the Empire, amidst the triumphs of Marengo and the coronation of Milan, young Alexis was born, and ere he could lisp the words Papa or Maman, the battle of Austerlitz was gained, and the Austrians and Russians pursued, l'épée dans les reins, by the victorious French. For a period of full seven years the astonishing military successes of the Emperor of the French continued, and when young De Tocqueville had reached the age of reason, though the military prospects of his country were not so bright as in 1805 (the year of his birth), yet still his country showed a bold front against coalesced Europe. In those days every young man in France was a soldier. No sooner did the boy of seven or eight escape from the hands of his bonne, than he was clad in the uniform of some military school or college, and drilled and disciplined as though

the main, the only business of life were to fight battles and maintain sieges. Seven or eight years of this hard and merciless system had, with all its compensations of glory, somewhat dissatisfied France; and when the Russian campaign was fairly entered on in 1812, fathers of families became more and more desponding, and less hopeful of the result. France had then to maintain an aggressive war not only in Russia and Germany, but in Spain and Portugal, at a season, too, when the national instincts of all these hostile nations seemed roused to frenzy against the aggressor. The evil days at length came, in 1814 and 1815, when the tide of invasion was to be turned back on France herself when she was to find piequets of Cossacks encamped in the Champs Elysées, and strange uniforms glittering in the streets of Paris.

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Alexis de Tocqueville was old enough to remember these events, which produced a deep impression on his young mind. His first serious studies were made under the Government of Louis XVIII., a restored king, himself a man of letters and a philosopher, and a liberal also, in a certain sense. member of a family who had served the Bourbons, the father of young De Tocqueville witnessed the extinction of the Empire without any very poignant regrets. Like all intelligent and moderate men in France, the Baron de Tocqueville had seen the resources and wealth of France wasted in a fruitless attempt at universal dominion, and he was rejoiced to find that at length there was the hope of his countrymen enjoying a moderate and well-balanced representative government. With the return of peace, liberal and serious studies were resumed by the youth of France. Classical, historical, and economical prelections resumed their place in the general system of a liberal education, and were conjointly cultivated with the exact sciences, the objects of a too exclusive devotion during the time of the

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first Napoleon. Under this better and more civil system, Alexis de Tocqueville was brought up. He was instructed in the literature of Greece and Rome, as well as in that of England; and history and political economy occupied a large share of his attention. In almost all the eighty-six departments of France there are a number of places connected with the magistracy which enjoy a high consideration. In the ancient monarchy of France, as well as under the restored Bourbons, the magistrature served to temper the severity of absolute power, and by its calmness and dignity formed a species of bulwark between the Crown and the people. The names of L'Hospital, of Molé, of Harlay, of D'Aguessau, of Seguier and Malesherbes (from whom on the mother's side De Tocqueville descended), are associated with this order, and linked with memories most honourable to France. The family of De Tocqueville had in past times illustrated the gown, and under these circumstances it was not astonishing that the father of Alexis de Tocqueville should educate him for the law. He received all the varied instruction which could be supplied by the best professors, and was admitted a member of the French bar

in 1825. In the following year of 1826 he was named Juge d'Instruction at Versailles. The functions of the Juge d'Instruction in France relate principally to crimes and punishments, to the collection and marshalling of proofs and evidence, and the arrest of those charged with illegal acts. For three years young De Tocqueville filled this onerous and unpleasant office, and in the year 1830 he was named Juge Suppléant, a position which he occupied for more than a year. While filling these employments the attention of M. de Tocqueville was considerably directed to the Penitentiary system. The Revolution of 1830 had now placed on the throne of France the head of the younger Bourbons, in the person of the Duke of Orleans, since Louis Philippe I. A more liberal system of government than prevailed in the reign of Charles X. was speedily inaugurated, and some of the most eminent and enlightened

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men in France became ministers of the new dynasty. The intelligence and intellect of the younger members of the French bar were speedily attracted to the new Government. Some of De Tocqueville's friends, such as De Broglie, Guizot, and Dupin, had accepted office, and these names, combined with those of Laffitte, Perier, and Baron Louis, conciliated, and in a great degree satisfied public opinion. Moderate and reasonable men saw that there was a hope of improvements, moral and political, and that the reign of brute force and military tyranny was at end. The King and his Ministers were desirous, as far as in them lay, to ameliorate the condition of the people, and above all of the lower classes. With this view, Alexis de Tocqueville, conjointly with Gustave de Beaumont, was despatched on a mission to America. He and his colleague were directed by the Ministry to inquire into the penitentiary system in the United States, with a view to its ultimate introduction into France. M. de Tocqueville remained a couple of years in America, visiting the different States, and assiduously inquiring into the institutions of the country. In the United States he laid the foundation of some valuable friendships. Circumstances brought the young Frenchman much into contact with Mr. Edward Livingstone, then Secretary of State, and subsequently American Minister at Paris. Mr. Livingstone had greatly distinguished himself as an advocate, and had been appointed Attorney-General of the State of New York so early as 1802. But his chief and brightest title to distinction was the having prepared the penal code of Louisiana, founded chiefly on the English and French. laws. This code, at once simple and apparently humane, abolished capital punishment, for which the penitentiary system was substituted. At the first blush De Tocqueville was charmed with a code which harmonized with his philanthropic views-a code already partially adopted by the Brazils, and wholly by the Republic of Guatemala. But there is reason to suppose that time and experience somewhat modified his views, and caused him to

look on the system with less admiration. To the last, however, he retained the highest opinion of Livingstone's merits as a great jurist, a walk in which he considered him second to none.

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In 1833, De Tocqueville returned to Europe, and presented with his colleague their joint report on the penitentiary system. At the close of the following year the first edition of his most valuable and profound work, De la Démocratie en Amérique, was given to the world. Not merely his own countrymen, but England and the civilized world, were satisfied with the depth and originality of this masterly production. The style was clear, the reasoning cogent, the illustrations striking; but chiefly remarkable was spirit of sagacity and forecast, indicating profound thought and deep reflection. So popular and readable was a work many of whose disquisitions would, from the nature of the subject, be considered dry, that at the beginning of 1836 the volumes had already gone through five editions, and a sixth was preparing for the press. Without doubt De la Démocratie en Amérique is the best and profoundest work that has appeared on America. The ideas are just, and well expressed, the speculations are equally bold and sagacious, and the insight into the character of the people and the institutions of the country almost marvellous. The volumes of which we speak have been compared to the Esprit des Loix of Montesquieu, a work which cost its author twenty years of labour and reflection. This is the highest compliment which could be conferred on M. de Tocqueville.

The literary societies of France were not slow to acknowledge the merits of so remarkable a production. The Academy of Moral and Political Sciences elected De Tocqueville in 1837 as member, in the place of the learned metaphysician and philosopher, La Romiguiere, a man whom he resembled in the clearness, correctness, and elegance of his style, as well as in the purity and independence of his character, moral and political. Nor was this the only public recognition of his merits. In 1839 the town of

Valogues, in the department of La Manche, sent this distinguished writer to the Chamber as its representative at a moment when the Eastern question became so menacing for Europe. M. de Tocqueville made his maiden speech in the Chamber on this question, and gave his vote for the credit destined to extend the French naval force in the Mediterranean. In respect to style and form the discourse was faultless. Patriotic in its sentiments and profound in some of its views, it was marred by a delivery too cold and calm to suit the popular taste. Graces of elocution and utterance were also wanting. Of a languid and phlegmatic temperament, M. de Tocqueville wanted the verve and also the volume and silvery sweetness of voice necessary for a tribune of the people. Byron truly says in Don Juan,

The devil hath not in all his quivers choice

An arrow for the heart like a sweet voice;

and the names of Berryer and Mauguin, of O'Connell and the late Sir William Follett, may be cited in confirmation of the truth of the remark. Graciousness, suavity, penetrativeness, subtlety, neatness, precision, and profundity, were the characteristics of M. de Tocqueville's style, and these finer qualities were not relished by the host of hearers in the ex-Chamber of Deputies any more than they would be relished in our own reformed House of Commons. It may not be out of place here to state that the French Cabinet did not, in 1839-40, act a straightforward part in this Eastern question. In seeking a European co-operation on the Turkish question against Russia, it flattered itself with the ultimate hope of finding a lever in London against a Russian occupation of Constantinople, and a lever at St. Petersburg against an English occupation of Alexandria. The super-refined cunning of Louis Philippe defeated his object, and laid his Cabinet open to the imputation of double dealing.

During the course of this session M.de Tocqueville presented a report on the subject of slavery in the colonies. This subject he had studied probably more profoundly than any

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other man in France. In the session of 1841 he spoke more than once or twice on the Eastern question, always putting forth ingenious views. He also addressed the Chamber on the question of deputies being at the same time public functionaries, and on the Prison question. In the session of 1842 he made an able speech on the droit de visite,' examining the question as an international lawyer and jurist. He also spoke on the Regency, and took the popular side on the questions of secret service money and the Police de roulage. In the three or four subsequent sessions he chiefly addressed himself to the great topics of prison discipline and popular education.

As a po

pular educator his theories were large, liberal, and eminently catholic, untinctured with those sectarian and ultramontane views which deformed the educational projects of more eloquent deputies.

The senatorial efforts of De Tocqueville in the five years between 1843 and 1848 were eminently distinguished by largeness of view and the sagacity and forecast which distinguish the statesman from the mere politician. There was nothing ad captandum in his mannernothing said with a view to flatter the prince or to delude the people. On the contrary all was simple and straightforward, almost stern indeed, so wholly was the honest publicist 'sans fard.' But in hearing the accents of that somewhat feeble and passionless voice you felt convinced you were listening to an honourable and honest man-a man of probity and patriotism, who had no private interests to serve. One could have wished his public manner had been a little more popular, and somewhat less didactic. But it is not for the sage and the philosopher to assume the disguises and to put on the wardrobe of smiles with which jury advocates and unprincipled demagogues gull and cajole their complaisant dupes.

In 1842 M. de Tocqueville succeeded the Count de Cessac-one of the most honourable and scientific soldiers of France, to whom the success of Valmy was due, and a man who more than once effectively filled the office of Minister of

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War-as a member of the French Academy.

But his position as one of the learned forty did not withdraw him from the Chamber of Deputies,' where he continued to sit as deputy for Valogues till the fatal days of 1848. The sordid and shameless trafficking in places and employment in 1846 and 1847, as evidenced by the affairs of Drouillard, Cubieres, Teste, Pellapra, and Petit, roused the moral sense of M. de Tocqueville. He denounced this corrupt truck and barter system in indignant terms, touching on the moral side of the question with the hand of a master. Public morals, said he, in a mournful tone, are depraved, and private morals are deteriorating to the lax level of public morals. The sense of conscience is becoming feebler. It is true the working classes are not troubled by political passions as they were formerly, but their politics have become socialist. They no longer seek to upset such a minister, to overthrow such and such a government, but they wish to uproot and overturn society itself. When such opinions become prevalent and sink into the minds of the people, they produce sooner or later one knows not the momentone knows not how-the most formidable revolutions. Subsequently, on the discussion on the affairs of Switzerland on the 4th of February, M. de Tocqueville said with truth and prophetically, that he scented the wind of revolution;' and in about three weeks afterwards Louis Philippe was a discrowned fugitive, and the Republic had been proclaimed.

In the National and Legislative Assemblies which succeeded to the monarchical government, M. de Tocqueville was returned for the department of La Manche. He uniformly voted with the Moderate party, repudiating alike the views of ultra democrats and reactionists. He vigorously opposed the doctrines of the Socialists and Louis Blanc's theories as to the organization of labour. He also strenuously opposed the decree of banishment directed against the family of Louis Philippe. The high and spotless character of M. de Tocqueville-his

honourable probity and conciliatory character-marked him out as one fit to be appointed to the Congress to be assembled at Brussels for the settlement of the Italian question. General Cavaignac, the head of the Executive power, and a man altogether of his own pure stamp, proposed this honourable mission to him. Subsequently, on the 3rd June, 1849, he was appointed Minister for Foreign Affairs; and it was while he filled this high office that the expedition to Rome was undertaken by France. The measure was a fatal mistake, which has led to serious complications. But that it was conscientiously advocated and defended by De Tocqueville on grounds of State policy-we conceive mistaken grounds-there cannot be a doubt. The honourable man who is now no more was a gentleman possessing a conscience and strong convictions, and was the last person on earth who would advocate a system of policy from unworthy motives. Indeed, he proved his purity and independence on the 31st October, 1849, by resigning his portfolio in consequence of the President's message of that date. That message interrupted the harmony which existed between the Moderate majority of the Legislature (a majority represented in the Ministry by Dufaure, De Tocqueville, and Lanjuinais); and the consequence was that these gentlemen retired, and were replaced by such devoted instruments as the D'Hautpouls, the Foulds, and the Lahittes.

As a private member of the Legislative Chamber, M. de Tocqueville continued to oppose the personal system of the Elysée. To the last he remained a faithful defender of Parliamentary government, and on the 2nd December, 1851, was one of those who protested at the Mayoralty of the tenth arrondissement against the perjured coup d'état. With the principal of his colleagues he was incarcerated till the crime had been safely consummated, and was then set at liberty. From the moment of his liberation he felt that under such a slavish and soulless system his proper place was private life. In the closet he might contend with, and, by argument and

reasoning, and the lessons of history, overthrow brute force; but he could not grapple with illegal tyranny in the highways and public streets. In the prostrate position of his country, De Tocqueville dedicated himself wholly to literature, and commenced in 1850 his work On the State of Society in France before the Revolution of 1789. This work, excellently translated by Mr. Henry Reeve, appeared in an English dress in 1856. In it the author proved to demonstration that the communities the least able permanently to escape from absolute government are precisely the communities in which aristocracy has ceased to exist. Despotism nowhere produces such pernicious effects as in those communities. Far more than any other form of government, despotism favours the growth of all the vices to which such societies are specially liable. deprives its subjects of every com mon passion, except the desire to be rich at any cost. Instead of men being engrossed by public affairs, they are under such a system engaged in the passion of lucre, in the worship of money, in the petty squabble of sordid interests. They do not feel that they have a country to die for, or to save. Great citizens are under such a government unknown, and under such a régime there cannot long continue a great people. The people must soon dwindle down and sink to the level of the brutal despotism to which they unresistingly submit.

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De Tocqueville was a man of genius and independence, who had immortal longings in him, and who had the happiness during his whole life to exercise his faculties in the pursuit of noble ends. This long contributed to the tranquillity and elasticity of his mind, for he was hopeful that better days would dawn on his country. But as year after year passed on, consolidating a kind of political materialism, upheld by mute and enslaved assemblies, he became more and more disgusted with a system which repelled everything like genius, talent, and independence a system which ostracised the Guizots, the Villemains, the Cousins, the Montalemberts

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