They pay the taxes; is it not fair that they should have a vote ?" "You insult us," replied my informant, "if you imagine that our legislators could have committed so gross an act of injustice and intolerance." "What! then the blacks possess the right of voting in this county ?" "Without the smallest doubt." "How comes it, then, that at the polling-booth this morning I did not perceive a single negro in the whole meeting ?" "This is not the fault of the law: the negroes have an undisputed right of voting, but they voluntarily abstain from making their appearance." "A very pretty piece of modesty on their parts!" rejoined I.
"Why, the truth is, that they are not disinclined to vote, but they are afraid of being maltreated; in this country the law is sometimes unable to maintain its authority without the support of the majority.

But in this case the majority entertains very strong prejudices against the blacks, and the magistrates are unable to protect them in the exercise of their legal privileges." "What! then the majority claims the right not only of making the laws, but of breaking the laws it has made ?"] If, on the other hand, a legislative power could be so constituted as to represent the majority without necessarily being the slave of its passions; an executive, so as to retain a certain degree of uncontrolled authority; and a judiciary, so as to remain independent of the two other powers; a government would be formed which would still be democratic without incurring any risk of tyrannical abuse.
I do not say that tyrannical abuses frequently occur in America at the present day, but I maintain that no sure barrier is established against them, and that the causes which mitigate the government are to be found in the circumstances and the manners of the country more than in its laws.
Effects Of The Unlimited Power Of The Majority Upon The Arbitrary Authority Of The American Public Officers Liberty left by the American laws to public officers within a certain sphere--Their power.
A distinction must be drawn between tyranny and arbitrary power.
Tyranny may be exercised by means of the law, and in that case it is not arbitrary; arbitrary power may be exercised for the good of the community at large, in which case it is not tyrannical.

Tyranny usually employs arbitrary means, but, if necessary, it can rule without them.
In the United States the unbounded power of the majority, which is favorable to the legal despotism of the legislature, is likewise favorable to the arbitrary authority of the magistrate.

The majority has an entire control over the law when it is made and when it is executed; and as it possesses an equal authority over those who are in power and the community at large, it considers public officers as its passive agents, and readily confides the task of serving its designs to their vigilance.

The details of their office and the privileges which they are to enjoy are rarely defined beforehand; but the majority treats them as a master does his servants when they are always at work in his sight, and he has the power of directing or reprimanding them at every instant.
In general the American functionaries are far more independent than the French civil officers within the sphere which is prescribed to them.
Sometimes, even, they are allowed by the popular authority to exceed those bounds; and as they are protected by the opinion, and backed by the co-operation, of the majority, they venture upon such manifestations of their power as astonish a European.