Imágenes de páginas
PDF
EPUB

proclaim our Eug in his own words: "The chain of inference, in this case, is close and strong to a most unusual degree."

The fact is, that when men, in treating of things which cannot be circumscribed by precise definitions, adopt this mode of reasoning, when once they begin to talk of power, happiness, misery, pain, pleasure, motives, objects of desire, as they talk of lines and numbers, there is no end to the contradictions and absurdities into which they fall. There is no proposition so monstrously untrue in morals or politics that we will not undertake to prove it, by something which shall sound like a logical demonstration, from admitted principles.

tent.

solicitous about the opinion of his neighbours as a rich man.

But we do not see that, by reasoning a priori on such subjects as these, it is possible to advance one single step. We know that every man has some desires which he can gratify only by hurting his neighbours, and some which he can gratify only by pleasing them. Mr. Mill has chosen only to look at one-half of human nature, and to reason on the motives which impel men to oppress and despoil others, as if they were the only motives by which men could possibly be influenced. We have already shown that, by taking the other half of the human character, and reasoning on it as if it were the whole, we can bring out a result diametrically opposite to that at which Mr. Mill has arrived. We can, by such a process, easily prove that any form of government is good, or that all government is superfluous.

"If any expedient presents itself to any of the supposed parties effectual to this end, and not opposed to any preferred object of pursuit, we may infer, with certainty, that it will be adopted. One effectual expedient is not more effectual than obvious. Any two of the parties, by combining may swallow up the third. That such combinations will take place, appears to be as certain as any thing which depends upon human will: because there are strong motives in favour of it, and none that can be conceived in opposition to it. The mixture of three of the kinds of government, it is thus evident, cannot possibly exist.

Mr. Mill argues, that if men are not inclined to plunder each other, government is unnecessary; and that, if they are so inclined, the powers of government, when intrusted to a small number of them, will necessarily be abused. Surely it is not by propounding di- We must now accompany Mr. Mill on the lemmas of this sort that we are likely to arrive next stage of his argument. Does any combiat sound conclusions in any moral science. nation of the three simple forms of government The whole question is a question of degree. afford the requisite securities against the abuse If all men preferred the moderate approbation of power? Mr. Mill complains that those who of their neighbours to any degree of wealth, or maintain the affirmative generally beg the grandeur, or sensual pleasure, government question, and proceeds to settle the point by would be unnecessary. If all men desired | proving, after his fashion, that no combination wealth so intensely as to be willing to brave of the three simple forms, or of any two of them, the hatred of their fellow-creatures for six- can possibly exist. pence, Mr. Mill's argument against monarchies "From the principles which we have already and aristocracies would be true to the full ex-laid down, it follows that, of the objects of huBut the fact is, that all men have some man desire, and speaking more definitely, of desires which impel them to injure their neigh- the means to the ends of human desire, namely, bours, and some desires which impel them to wealth and power, each party will endeavour to benefit their neighbours. Now, if there were obtain as much as possible. a community consisting of two classes of men, one of which should be principally influenced by the one set of motives, and the other by the other, government would clearly be necessary to restrain the class which was eager of plunder, and careless of reputation: and yet the powers of government might be safely intrusted to the class which was chiefly actuated by the love of approbation. Now, it might, with no small plausibility, be maintained, that, in many countries, there are two classes which, in some degree, answer to this description; that the poor compose the class which government is established to restrain: and the people of some property the class to which the powers of government may without danger be confided. It might be said, that a man who can barely earn a livelihood by severe labour, is under stronger temptations to pillage others than a man who enjoys many luxuries. It might be said, that a man who is lost in the crowd is less likely to have the fear of public opinion before his eyes, than a man whose station and mode of living rendered him conspicuous. We do not assert all this. We only say, that it was Mr. Mill's business to prove the contrary; and that, not having proved the contrary, he is not entitled to say, "that those principles which imply that government is at all necessary, imply that an aristocracy will make use of its power to defeat the end for which governments exist." This is not true, unless it be true that a rich man is as likely to covet the goods of his neighbours as a poor man; and that a poor man is as likely to be

a

... It may be proper to inquire, whether union may not be possible of two of them. "Let us first suppose, that monarchy is united with aristocracy. Their power is equal or not equal. If it is not equal, it follows, as a necessary consequence, from the principles which we have already established, that the stronger will take from the weaker till it engrosses the whole. The only question, therefore, is, What will happen when the power is equal?

"In the first place, 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 idea, therefore, is wholly chimerical and absurd.

...

"In this doctrine of the mixture of the simple forms of government is included the cele brated theory of the balance among the corr

ponent parts of a government. By this it is supposed that, when a government is composed of monarchy, aristocracy, and democracy, they balance one another, and by mutual checks produce good government. A few words will suffice to show that, if any theory deserves the epithet of wild, visionary, and chimerical,' it is that of the balance. If there are three powers, How is it possible to prevent two of them from combining to swallow up the third? "The analysis which we have already performed will enable us to trace rapidly the concatenation of causes and effects in this imagined case.

[ocr errors]

"We have already seen that the interest of the community, considered in the aggregate, or in the democratical point of view, is, that each individual should receive protection; and that the powers which are constituted for that purpose should be employed exclusively for that purpose. .. We have also seen that the interest of the king and of the governing aris tocracy is directly the reverse. It is to have unlimited power over the rest of the community, and to use it for their own advantage. In the supposed case of the balance of the monarchical, aristocratical, and democratical powers, it cannot be for the interest either of the monarchy or the aristocracy to combine with the democracy; because it is the interest of the democracy, or community at large, that neither the king nor the aristocracy should have one particle of power, or one particle of the wealth of the community, for their own advantage

"The democracy or community have a ossible motives to endeavour to prevent the monarchy and aristocracy from exercising power, or obtaining the wealth of the community for their own advantage. The monarchy and aristocracy 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."

If any part of this passage be more eminently absurd than another, it is, we think, the argument by which Mr. Mill proves that there cannot be a union of monarchy and aristocracy. Their power, he says, must be equal or not equal. But of equality there is no criterion. Therefore the chances against its existence are as infinity to one. If the power be not equal, then it follows, from the principles of human nature, that the stronger will take from the weaker, till it has engrossed the whole.

tors, each of whom has a vote for a borcugh, possess, in that respect, equal power. If not. all Mr. Mill's political theories fall to the ground at once. For if it be impossible to ascertain whether two portions of power are equal, he never can show that, even under a system of universal suffrage, a minority might not carry every thing their own way, against the wishes and interests of the majority.

Where there are two portions of power differing in kind, there is, we admit, no criterion of equality. But then, in such a case, it is absurd to talk, as Mr. Mill does, about the stronger and the weaker. Popularly, indeed, and with reference to some particular objects, these words may very fairly be used. But to use them mathematically is altogether improper. If we are speaking of a boxing-match, we may say that some famous bruiser has greater bodily power than any man in England. If we are speaking of a pantomime, we may say the same of some very agile harlequin. But it would be talking nonsense to say, in general, that the power of the harlequin either exceeded that of the pugilist, or fell short of it.

If Mr. Mill's argument be good as between different branches of a legislature, it is equally good as between sovereign powers. Every government, it may be said, will, if it can, take the objects of its desires from every other. If the French government can subdue England, it will do so. If the English government can subdue France, it will do so. But the power of England and France is either equal or not equal The chance that it is not exactly equal is as infinity to one, and may safely be left out of the account; and then the stronger will fallit y take from the weaker, till the weaker is altoge ther enslaved.

Surely the answer to all this hubbub of un meaning words is the plainest possible. For some purposes France is stronger than England. For some purposes England is stronger than France. For some, neither has any power at all. France has the greater population, England the greater capital; France has the greater army, England the greater fleet. For an expedition to Rio Janeiro or the Philippines, England has the greater power. For a war on the Po or on the Danube, France has the greater power. But neither has power sufficient to keep the other in quiet subjection for a month. Invasion would be very perilous; the idea of complete conquest on either side utterly ridiculous. This is the manly and sensible way of discussing such questions. The ergo, or rather the argal, of Mr. Mill, cannot impose on a child. Yet we ought scarcely to say this; for we remember to have heard a child ask whether Bonaparte was stronger than an elephant?

Now, if there be no criterion of equality between two portions of power, there can be no common measure of portions of power. Therefore it is utterly impossible to compare them Mr. Mill reminds us of those philosophers together. But where two portions of power of the sixteenth century, who, having satisfied are of the same kind, there is no difficulty in themselves a priori that the rapidity with which ascertaining, sufficiently for all practical pur- bodies descended to the earth varied exactly as poses, whether they are equal or unequal. It their weights, refused to believe the contrary is easy to judge whether two men run equally on the evidence of their own eyes and ears fast, or cau lift equal weights. Two arbitrators, The British constitution, according to Mr. whose joint decision is to be final, and neither Mill's classification, is a mixture of monarchy of whom can do any thing without the assent and aristocracy; one house of Parliamen of the other, possess equal power. Two elec- being composed of hereditary nobles, and the

ample, may, by physical force, subjugate ther
both: nor is there any form of government
Mr. Mill's Utopian democracy not excepted
secure from such an occurrence.
We are
speaking of the powers with which the consti
tution invests the two branches of the legisla
ture; and we ask Mr. Mill how, on his own
principles, he can maintain that one of them
will be able to encroach on the other, if the
consent of the other be necessary to such en-
croachment?

Mr. Mill tells us, that if a government be composed of the three simple forms, which he will not admit the British constitution to be, two of the component parts will inevitably join against the third. Now, if two of them combine and act as one, this case evidently resolves itself into the last; and all the observations which we have just made will fully apply to it. Mr. Mill says, that "any two of the parties, by combining, may swallow up the third;" and afterwards asks, "How is it possible to prevent two of them from combining to swallow up the third?" Surely Mr. Mill must be aware, that in politics two is not always the double of one. If the concurrence of all the three branches of the legislature be necessary to every law, each branch will possess consti tutional power sufficient to protect it against any thing but that physical force, from which no form of government is secure. * Mr. Mill reminds us of the Irishman, who could not be brought to understand how one juryman could possibly starve out eleven others.

other almost entirely chosen by a privileged class, who possess the elective franchise on account of their property, or their connection with certain corporations. Mr. Mill's argument proves that, from the time that these two powers were mingled in our government, that is, from the very first dawn of our history, one or the other must have been constantly encroaching. According to him, moreover, all the encroachments must have been on one side. For the first encroachment could only have been made by the stronger, and that first encroachment would have made the stronger stronger still. It is, therefore, matter of absolute demonstration, that either the Parliament was stronger than the crown in the reign of Henry VIII., or that the crown was stronger than the Parliament in 1641. 'Hippocrate dira ce que lui plaira," says the girl in Molière; "mais le cocher est mort." Mr. Mill may say what he pleases; but the English constitution is still alive. That, since the Revolution, the Parliament has possessed great power in the state, is what nobody will dispute. The king, on the other hand, can create new peers, and can dissolve Parliaments. William sustained severe mortifications from the House of Commons, and was, indeed, unjustifiably oppressed. Anne was desirous to change a ministry which had a majority in both houses. She watched her moment for a dissolution, created twelve tory peers, and succeeded. Thirty years later, the House of Commons drove Walpole from his seat. In 1784, George III. was able to keep Mr. Pitt in office, But is it certain that two of the branches of in the face of a majority of the House of Com- the legislature will combine against the third? mons. In 1804, the apprehension of a defeat "It appears to be as certain," says Mr. Mill, in Parliament, compelled the same king to part "as any thing which depends upon human from his most favoured minister. But in 1807, will; because there are strong motives in fahe was able to do exactly what Anne had done vour of it, and none that can be conceived in nearly a hundred years before. Now, had the opposition to it." He subsequently sets forth power of the king increased during the inter- what these motives are. The interest of the vening century, or had it remained stationary? | democracy is, that each individual should reIs it possible that the one lot among the infinite ceive protection. The interest of the king number should have fallen to us? If not, Mr. and the aristocracy is, to have all the power Mill has proved that one of the two parties must that they can obtain, and to use it for their own have been constantly taking from the other. ends. Therefore the king and the aristocracy Many of the ablest men in England think that have all possible motives for combining against the influence of the crown has, on the whole, the people. If our readers will look back to the increased since the reign of Anne. Others passage quoted above, they will see that we rethink that the Parliament has been growing in present Mr. Mill's argument quite fairly. strength. But of this there is no doubt, that both sides possessed great power then, and possess great power now. Surely, if there were the least truth in the argument of Mr. Mill, it could not possibly be a matter of doubt, at the end of a hundred and twenty years, whether the one side or the other had been the gainer.

But we ask pardon. We forgot that a fact, irreconcilable with Mr. Mill's theory, furnishes, in his opinion, the strongest reason for adhering to the theory. To take up the question in another manner, is it not plain that there may be two bodies, each possessing a perfect and entire power, which cannot be taken from it without its own concurrence? What is the meaning of the words stronger and weaker, when applied to such bodies as these? The one may, indeed, by physical force altogether estroy the other. But this is not the question. A third party, a general of their own. for ex

Now we should have thought that, without the help of either history or experience, Mr. Mill would have discovered, by the light of his own logic, the fallacy which lurks, and indeed scarcely lurks, under this pretended demonstration. The interest of the king may be opposed to that of the people. But is it identical with that of the aristocracy? In the very page which contains this argument, intended to prove that the king and the aristocracy will coalesce against the people, Mr. Mill attempts to show that there is so strong an opposition of interest between the king and the aristocracy, that if the powers of government are divided between them, the one will inevitably usurp the power of the other. If so, he is not entitled to conclude that they will combine to destroy the power of the people, merely because their interests may be at variance with those of the people. He is bound to show, not merely that

in all communities the interest of a king must be opposed to that of the people, but also that, in all communities, it must be more directly opposed to the interest of the people than to the interest of the aristocracy. But he has not shown this. Therefore he has not proved his proposition on his own principles. To quote history would be a mere waste of time. Every school-boy, whose studies have gone so far as the abridgments of Goldsmith, can mention instances in which sovereigns have allied themselves with the people against the aristocracy, and in which nobles have allied themselves with the people against the sovereign. In general, when there are three parties, every one of which has much to fear from the others, it is not found that two of them combine to plunder the third. If such a combination be formed, it scarcely ever effects its purpose. It soon becomes evident which member of the coalition is likely to be the greater gainer by the transaction. He becomes an object of jealousy to his ally, who, in all probability, changes sides, and compels him to restore what he has taken. Everybody knows how Henry VIII. trimmed between Francis and the Emperor Charles. But it is idle to cite examples of the operation of a principle which is illustrated in almost every page of history, ancient or modern, and to which almost every state in Europe has, at one time or another, been indebted for its independence.

[ocr errors]

Mr. Mill has now, as he conceives, demonstrated that the simple forms of government are bad, and that the mixed forms cannot possibly exist. There is still, however, it seems, a hope for mankind.

"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. For as there is no individual or combination of individuals, except the community itself, who would not have an interest in bad government, if intrusted with its powers, and as the community itself is incapable of exercising those powers, and must intrust them to certain individuals, the conclusion is obvious: the community itself must check those individuals, else they will follow their interest, and produce bad government. But how is it the community can check? The community can act only when assembled; and when assembled, it is incapable of acting. The community, however, can choose representatives."

The next question is-How must the representative body be constituted? Mr. Mill lays down two principles, about which, he says, "it is unlikely that there will be any dispute."

[ocr errors][merged small]

derstands the words, "interest of the com. munity."

It does not appear very easy, on Mr. Mill's principles, to find out any mode of making the interest of the representative body identical with that of the constituent body. The plan proposed by Mr. Mill is simply that of very frequent election. "As it appears," says he, "that limiting the duration of their power is a security against the sinister interest of the people's representatives, so it appears that it is the only security of which the nature of the case admits." But all the arguments by which Mr. Mill has proved monarchy and aristocracy to be pernicious, will, as it appears to us, equally prove this security to be no security at all. Is it not clear that the representatives, as soon as they are elected, are an aristocracy with an interest opposed to the interest of the community? Why should they not pass a law for extending the term of their power from one year to ten years, or declare themselves sena. tors for life? If the whole legislative power is given to them, they will be constitutionally competent to do this. If part of the legislative power is withheld from them, to whom is that part given? Is the people to retain it, and to express its assent or dissent in primary assemblies? Mr. Mill himself tells us that the community can only act when assembled, and that, when assembled, it is incapable of acting. Or is it to be provided, as in some of the American republics, that no change in the fundamental laws shall be made without the consent of a convention, specially elected for the purpose? Still the difficulty recurs: Why may not the members of the convention betray their trust, as well as the members of the ordinary legislature? When private men, they may have been zealous for the interests of the community. When candidates, they may have pledged themselves to the cause of the constitution. But as soon as they are a convention, as soon as they are separated from the people, as soon as the supreme power is put into their hands, commences that interest, opposite to the interest of the community, which must, according to Mr. Mill, produce measures opposite to the interests of the community. We must find some other means, therefore, of checking this check upon a check; some other prop to carry the tortoise, that carries the elephant, that car ries the world.

We know well that there is no real danger in such a case. But there is no danger, only because there is no truth in Mr. Mill's principles. If men were what he represents them to be, the letter of the very constitution which he recommends would afford no safeguard against bad government. The real security is this, that legislators will be deterred by the fear of resistance and of infamy from acting in the manner which we have described. But restraints, exactly the same in kind, and differing only in degree, exist in all forms of government. That broad line of distinction which Mr. Mill tries to point out between monarchies and aristocracies on the one side, and democracies on the other, has in fact no existence. In no form of government is there an absolute identity of interest between the

We have seen how Mr. Mill proposes to render the interest of the representative body identical with that of the constituent body. The next question is, in what manner the interest of the constituent body is to be rendered identical with that of the community. Mr. Mill shows that a minority of the community, consisting even of many thousands, would be a bad constituent body, and, indeed, merely a numerous aristocracy.

people and their rulers. In every form of go- | terest of a Chinese the same with that of the vernment the rulers stand in some awe of the woman whom he harnesses to his plough! people. The fear of resistance and the sense Is the interest of an Italian the same with that of shame operate, in a certain degree, on the of the daughter whom he devotes to God? most absolute kings and the most illiberal oli- The interest of a respectable Englishman may garchies. And nothing but the fear of resist- be said, without any impropriety, to be identi ance and the sense of shame preserves the cal with that of his wife. But why is it so? freedom of the most democratic communities Because human nature is not what Mr. Mil from the encroachments of their annual and conceives it to be; because civilized men, biennial delegates. pursuing their own happiness in a social state, are not Yahoos fighting for carrion; because there is a pleasure in being loved and esteemed, as well as in being feared and ser vilely obeyed. Why does not a gentleman restrict his wife to the bare maintenance which the law would compel him to allow her, that he may have more to spend on his personal pleasures? Because, if he loves her, he has pleasure in seeing her pleased; and because, even if he dislikes her, he is unwilling that the whole neighbourhood should cry shame on his meanness and ill-nature. Why does not the legislature, altogether composed of males, pass a law to deprive women of all civil privileges whatever, and reduce them to the state of slaves? By passing such a law, they would gratify what Mr. Mill tells us is an inseparable part of human nature, the desire to possess unlimited power of inflicting pain upon others. That they do not pass such a law, though they have the power to pass it, and that no man in England wishes to see such a law passed, proves that the desire to possess unlimited power of inflicting pain is not inseparable from human nature.

"The benefits of the representative system," says he, "are lost in all cases in which the interests of the choosing body are not the same with those of the community. It is very evident that, if the community itself were the choosing body, the interest of the community and that of the choosing body would be the same."

On these grounds Mr. Mill recommends that all males of mature age, rich and poor, educated and ignorant, shall have votes. But why not the women too? This question has often been asked in parliamentary debate, and has never, to our knowledge, received a plausible answer. Mr. Mill escapes from it as fast as he can. But we shall take the liberty to dwell a little on the words of the oracle. "One thing," says he, "is pretty clear, that all those individuals whose interests are involved in those of other individuals may be struck off without inconvenience.

this light women may be regarded, the interest | of almost all of whom is involved either in that of their fathers, or in that of their husbands."

If there be in this country an identity of interest between the two sexes, it cannot possi bly arise from any thing but the pleasure of being loved, and of communicating happiness. For that it does not spring from the mere inInstinct of sex, the treatment which women experience over the greater part of the world abundantly proves. And if it be said that our laws of marriage have produced it, this only removes the argument a step further; for those laws have been made by males. Now, if the kind feelings of one-half of the species be a sufficient security for the happiness of the other, why may not the kind feelings of a monarch or an aristocracy be sufficient at least to prevent them from grinding the people to the very utmost of their power?

If we were to content ourselves with saying, in answer to all the arguments in Mr. Mill's Essay, that the interest of a king is involved in that of the community, we should be accused, and justly, of talking nonsense. Yet such an assertion would not, as far as we can perceive, be more unreasonable than that which Mr. Mill has here ventured to make. . Without adducing one fact, without taking the trouble to perplex the question by one sophism, he placidly dogmatizes away the interests of one-half of the human race. If there be a word of truth in history, women have always been, and still are, over the greater part of the globe, humble companions, playthings, captives, menials, beasts of burden. Except in a few happy and highly civilized communities, they are strictly in a state of personal slavery. Even in those countries where they are best treated, the laws are generally unfavourable to them, with respect to almost all the points in which they are most deeply interested.

Mr. Mill is not legislating for England or the United States; but for mankind. Is then the interest of a Turk the same with that of he girls who compose his haram? Is the in

If Mr. Mill will examine why it is that women are better treated in England than in Persia, he may perhaps find out, in the course of his inquiries, why it is that the Danes are better governed than the subjects of Caligula.

We now come to the most important practical question in the whole Essay. Is it desirable that all males arrived at years of discretion should vote for representatives, or should a pecuniary qualification be required? Mr. Mill's opinion is, that the lower the qualification the better; and that the best system is that in which there is none at all.

"The qualification," says he, "must either be such as to embrace the majority of the population, or something less than the ma jority. Suppose, in the first place, that it embraces the majority, the question is, whether the majority would have an interest in op

« AnteriorContinuar »