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UTILITARIAN THEORY OF GOVERNMENT.
(OCTOBER 1829.)

Westminster Review, (XXII. Art. 16,) on the Strictures of the Edinburgh Review (XCVIII. Art. 1) on the Utilitarian Theory of Government, and the "Greatest Happiness Principle."

We have long been of opinion that the Utilitarians have owed all their influence to a mere delusion-that, while professing to have submitted their minds to an intellectual discipline of peculiar severity, to have discarded all sentimentality, and to have acquired consummate skill in the art of reasoning, they are decidedly inferior to the mass of educated men in the very qualities in which they conceive themselves to excel. They have undoubtedly freed themselves from the dominion of some absurd notions. But their struggle for intellectual emancipation has ended, as injudicious and violent struggles for political emancipation too often end, in a mere change of tyrants. Indeed, we are not sure that we do not prefer the venerable nonsense which holds prescriptive sway over the ultra-Tory to the upstart dynasty of prejudices and sophisms by which the revolutionists of the moral world have suffered themselves to be enslaved.

The Utilitarians have sometimes been abused as intolerant, arrogant, irreligious, as enemies of literature, of the fine arts, and of the domestic charities. They have been reviled for some things of which they were guilty, and for some of which they were innocent. But scarcely anybody seems to have perceived that almost all their peculiar faults arise from the utter want both of comprehensiveness and of precision in their mode of reasoning. We have, for some time past, been convinced that this was really the case; and that, whenever their philosophy should be boldly and unsparingly scrutinised, the world would see that it had been under a mistake respecting them.

We have made the experiment; and it has succeeded far beyond our most sanguine expectations. A chosen champion

of the School has come forth against us. A specimen of his logical abilities now lies before us; and we pledge ourselves to show that no prebendary at an anti-Catholic meeting, no true-blue baronet after the third bottle at a Pitt Club, ever displayed such utter incapacity of comprehending or answering an argument as appears in the speculations of this Utilitarian apostle; that he does not understand our meaning, or Mr. Mill's meaning, or Mr. Bentham's meaning, or his own meaning; and that the various parts of his system-if the name of system can be so misapplied-directly contradict each other. Having shown this, we intend to leave him in undisputed possession of whatever advantage he may derive from the last word. We propose only to convince the public that there is nothing in the far-famed logic of the Utilitarians of which any plain man has reason to be afraid; that this logic will impose on no man who dares to look it in the face.

The Westminster Reviewer begins by charging us with having misrepresented an important part of Mr. Mill's argument.

"The first extract given by the Edinburgh Reviewers from the essay was an insulated passage, purposely despoiled of what had preceded and what followed. The author had been observing, that 'some profound and benevolent investigators of human affairs had adopted the conclusion that, of all the possible forms of government, absolute monarchy is the best.' This is what the reviewers have omitted at the beginning. He then adds, as in the extract, that 'Experience, if we look only at the outside of the facts, appears to be divided on this subject;' there are Caligulas in one place, and kings of Denmark in another. As the surface of history affords, therefore, no certain principle of decision, we must go beyond the surface, and penetrate to the springs within.' This is what the reviewers have omitted at the end."

It is perfectly true that our quotation from Mr. Mill's essay was, like most other quotations, preceded and followed by something which we did not quote. But, if the Westminster Reviewer means to say that either what preceded or what followed would, if quoted, have shown that we put a wrong interpretation on the passage which was extracted, he does not understand Mr. Mill rightly.

Mr. Mill undoubtedly says that, "as the surface of history affords no certain principle of decision, we must go beyond the surface, and penetrate to the springs within." But these expressions will admit of several interpretations. In what sense, then, does Mr. Mill use them? If he means that we

ought to inspect the facts with close attention, he means what is rational. But, if he means that we ought to leave the facts, with all their apparent inconsistencies, unexplained, -to lay down a general principle of the widest extent, and to deduce doctrines from that principle by syllogistic argument, without pausing to consider whether those doctrines be or be not consistent with the facts,-then he means what is irrational; and this is clearly what he does mean: for he immediately begins, without offering the least explanation of the contradictory appearances which he has himself described, to go beyond the surface in the following manner :—“ That one human being will desire to render the person and property of another subservient to his pleasures, notwithstanding the pain or loss of pleasure which it may occasion to that other individual, is the foundation of government. The desire of the object implies the desire of the power necessary to accomplish the object." And thus he proceed to deduce consequences directly inconsistent with what he has himself stated respecting the situation of the Danish people.

If we assume that the object of government is the preservation of the persons and property of men, then we must hold that, wherever that object is attained, there the principle of good government exists. If that object be attained both in Denmark and in the United States of America, then that which makes government good must exist, under whatever disguise of title or name, both in Denmark and in the United States. If men lived in fear for their lives and their possessions under Nero and under the National Convention, it follows that the causes from which misgovernment proceeds existed both in the despotism of Rome and in the democracy of France. What, then, is that which, being found in Denmark and in the United States, and not being found in the Roman Empire or under the administration of Robespierre, renders governments, widely differing in their external form, practically good? Be it what it may, it certainly is not that which Mr. Mill proves à priori that it must be, a democratic representative assembly. For the Danes have no such assembly.

The latent principle of good government ought to be tracked, as it appears to us, in the same manner in which Lord Bacon proposed to track the principle of heat. Make as large a list as possible, said that great man, of those bodies in which, however widely they differ from each other in appearance, we perceive heat; and as large a list as possible of those which, while they bear a general resemblance to hot

bodies, are nevertheless not hot. Observe the different degrees of heat in different hot bodies; and then, if there be something which is found in all hot bodies, and of which the increase or diminution is always accompanied by an increase or diminution of heat, we may hope that we have really discovered the object of our search. In the same manner we ought to examine the constitution of all those communities in which, under whatever form, the blessings of good government are enjoyed; and to discover, if possible, in what they resemble each other, and in what they all differ from those societies in which the object of government is not attained. By proceeding thus we shall arrive, not indeed at a perfect theory of government, but at a theory which will be of great practical use, and which the experience of every successive generation will probably bring nearer and nearer to perfection.

The inconsistencies into which Mr. Mill has been betrayed by taking a different course ought to serve as a warning to all speculators. Because Denmark is well governed by a monarch who, in appearance at least, is absolute, Mr. Mill thinks that the only mode of arriving at the true principles of government is to deduce them à priori from the laws of human nature. And what conclusion does he bring out by this deduction? We will give it in his own words: "In the grand discovery of modern times, the system of representation, the solution of all the difficulties, both speculative and practical, will perhaps be found. If it cannot, we seem to be forced upon the extraordinary conclusion that good government is impossible." That the Danes are well governed without a representation is a reason for deducing the theory of government from a general principle from which it necessarily follows that good government is impossible without a representation! We have done our best to put this question plainly; and we think that, if the Westminster Reviewer will read over what we have written twice or thrice with patience and attention, some glimpse of our meaning will break in even on his mind.

Some objections follow, so frivolous and unfair, that we are almost ashamed to notice them.

"When it was said that there was in Denmark a balanced contest between the king and the nobility, what was said was, that there was a balanced contest, but it did not last. It was balanced till something put an end to the balance; and so is everything else. That such a balance will not last, is precisely what Mr. Mill had demonstrated."

Mr. Mill, we positively affirm, pretends to demonstrate, not

merely that a balanced contest between the king and the aristocracy will not last, but that the chances are as infinity to one against the existence of such a balanced contest. This is a mere question of fact. We quote the words of the essay, and defy the Westminster Reviewer to impeach our accuracy:

"It seems impossible that such equality should ever exist. How is it to be established? Or by what criterion is it to be ascertained? If there is no such criterion, it must, in all cases, be the result of chance. If so, the chances against it are as infinity to one."

The Reviewer has confounded the division of power with the balance or equal division of power. Mr. Mill says that the division of power can never exist long, because it is next to impossible that the equal division of power should ever exist at all.

"When Mr. Mill asserted that it cannot be for the interest of either the monarchy or the aristocracy to combine with the democracy, it is plain he did not assert that if the monarchy and aristocracy were in doubtful contest with each other, they would not, either of them, accept of the assistance of the democracy. He spoke of their taking the side of the democracy; not of their allowing the democracy to take side with themselves."

If Mr. Mill meant any thing, he must have meant this— that the monarchy and the aristocracy will never forget their enmity to the democracy in their enmity to each other.

"The monarchy and aristocracy," says he, "have all possible motives for endeavouring to obtain unlimited power over the persons and property of the community. The consequence is inevitable. They have all possible motives for combining to obtain that power, and unless the people have power enough to be a match for both they have no protection. The balance, therefore, is a thing the existence of which upon the best possible evidence is to be regarded as impossible."

If Mr. Mill meant only what the Westminster Reviewer conceives him to have meant, his argument would leave the. popular theory of the balance quite untouched. For it is the very theory of the balance that the help of the people will be solicited by the nobles when hard pressed by the king, and by the king when hard pressed by the nobles; and that, as the price of giving alternate support to the crown and the aristocracy, they will obtain something for themselves as the Reviewer admits that they have done in Denmark. If Mr. Mill admits this, he admits the only theory of the balance of

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