(E) Page 64 - Alexis de Tocqueville, Democracy in America: Historical-Critical Edition, vol. 2 [1835]
Edition used:
Democracy in America: Historical-Critical Edition of De la démocratie en Amérique, ed. Eduardo Nolla, translated from the French by James T. Schleifer. A Bilingual French-English editions, (Indianapolis: Liberty Fund, 2010). Vol. 2.
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This bilingual edition of Tocqueville’s work contains a new English translation of the French critical edition published in 1990. The copyright to the French version is held by J. Vrin and it is not available online. The copyright to the English translation, the translator’s note, and index is held by Liberty Fund.
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(E) Page 64
Although the Puritan rigor that prevailed at the birth of the English colonies of America has already become much weaker, you still find extraordinary traces of it in the habits and in the laws.
On 11 March 1797, a new law increased the level of fines, half of which was to belong to the one who brought proceedings against the offender. Same collection, vol. I, p. 535.
On 16 February, 1816, a new law confirmed these same measures. Same collection, vol. II, p. 405.
Analogous provisions exist in the laws of the state of New York, revised in 1827 and 1828. (See Revised Statutes, 1st part, ch. XX, p. 675). It is said there that on Sunday no one will be able to hunt, fish, gamble or frequent establishments where drink is served. No one will be able to travel, if it is not out of necessity.
This is not the only trace left in the laws by the religious spirit and the austere mores of the first emigrants.
You read in the revised statutes of the state of New York, vol. I, p. 662 [-663 (ed.)], the following article:
Every person who shall win or lose at play, or by betting at any time, the sum or value of twenty-five dollars or upwards, within the space of twenty-four hours, shall be deemed guilty of a misdemeanor, and on conviction shall be fined not less than five times the value or sum so lost or won; which [. . . (ed.) . . .] shall be paid to the overseers of the poor of the town. [. . . (ed.) . . .]
Every person who shall [. . . (ed.) . . .] lose at any time or sitting the sum or value of twenty-five dollars or upwards[. . . (Ed) . . .] may [. . . (ed.) . . .] sue for and recover the money. [. . . (ed.) . . .] The overseers of the poor of the town where the offense was committed may sue for and recover the sum or value so lost and paid, together with treble the said sum or value, from the winner thereof for the benefit of the poor.
There is notably a large American city in which, beginning Saturday evening, social movement is as if suspended. You cross it at the hour that seems to invite those of mature years to business and youth to pleasure, and you find yourself in a profound solitude. Not only is no one working, but also no one appears to be alive. You hear neither the movement of industry nor the accents of joy, nor even the confused murmurings that arise constantly within a large city. Chains are hung in the vicinity of the churches; the half-closed shutters of the houses only reluctantly allow a ray of sunlight to penetrate the dwelling of the citizens. Scarcely here and there do you see an isolated man who is passing noiselessly through deserted crossroads and along abandoned streets.
The next morning at the beginning of day, the rattle of carriages, the noise of hammers, the cries of the population begin again to make themselves heard; the city awakens; a restless crowd rushes toward the centers of commerce and industry; everyone stirs, everyone becomes agitated, everyone hurries around you. A sort of lethargic drowsiness is followed by a feverish activity; you would say that each person has only a single day at his disposal in order to gain wealth and to enjoy it.
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