2014년 12월 28일 일요일

The English Constitution 10

The English Constitution 10

Again, too, on the selfishness of Parliament an extrinsic check is
clearly more efficient than an intrinsic. A Premier who is made by
Parliament may share the bad impulses of those who chose him; or, at
any rate, he may have made "capital" out of them--he may have seemed to
share them. The self-interests, the jobbing propensities of the
assembly are sure indeed to be of very secondary interest to him. What
he will care most for is the permanence, is the interest--whether
corrupt or uncorrupt--of his own Ministry. He will be disinclined to
anything coarsely unpopular. In the order of nature, a new assembly
must come before long, and he will be indisposed to shock the feelings
of the electors from whom that assembly must emanate. But though the
interest of the Minister is inconsistent with appalling jobbery, he
will be inclined to mitigated jobbery. He will temporise; he will try
to give a seemly dress to unseemly matters: to do as much harm as will
content the assembly, and yet not so much harm as will offend the
nation. He will not shrink from becoming a particeps criminis; he will
but endeavour to dilute the crime. The intervention of an extrinsic,
impartial, and capable authority--if such can be found--will
undoubtedly restrain the covetousness as well as the factiousness of a
choosing assembly.

But can such a head be found? In one case I think it has been found.
Our colonial governors are precisely Dei ex machina. They are always
intelligent, for they have to live by a different trade; they are
nearly sure to be impartial, for they come from the ends of the earth;
they are sure not to participate in the selfish desires of any colonial
class or body, for long before those desires can have attained fruition
they will have passed to the other side of the world, be busy with
other faces and other minds, be almost out of hearing what happens in a
region they have half forgotten. A colonial governor is a
super-Parliamentary authority, animated by a wisdom which is probably
in quantity considerable, and is different from that of the local
Parliament, even if not above it. But even in this case the advantage
of this extrinsic authority is purchased at a heavy price--a price
which must not be made light of, because it is often worth paying. A
colonial governor is a ruler who has no permanent interest in the
colony he governs; who perhaps had to look for it in the map when he
was sent thither; who takes years before he really understands its
parties and its controversies; who, though without prejudice himself,
is apt to be a slave to the prejudices of local people near him; who
inevitably, and almost laudably, governs not in the interest of the
colony, which he may mistake, but in his own interest, which he sees
and is sure of. The first desire of a colonial governor is not to get
into a "scrape," not to do anything which may give trouble to his
superiors--the Colonial Office--at home, which may cause an untimely
and dubious recall, which may hurt his after career. He is sure to
leave upon the colony the feeling that they have a ruler who only half
knows them, and does not so much as half care for them. We hardly
appreciate this common feeling in our colonies, because WE appoint
THEIR sovereign; but we should understand it in an instant if, by a
political metamorphosis, the choice were turned the other way--if THEY
appointed OUR sovereign. We should then say at once, "How is it
possible a man from New Zealand can understand England? how is it
possible, that a man longing to get back to the antipodes can care for
England? how can we trust one who lives by the fluctuating favour of a
distant authority? how can we heartily obey one who is but a foreigner
with the accident of an identical language?"

I dwell on the evils which impair the advantage of colonial
governorship because that is the most favoured case of
super-Parliamentary royalty, and because from looking at it we can
bring freshly home to our minds what the real difficulties of that
institution are. We are so familiar with it that we do not understand
it. We are like people who have known a man all their lives, and yet
are quite surprised when he displays some obvious characteristic which
casual observers have detected at a glance. I have known a man who did
not know what colour his sister's eyes were, though he had seen her
every day for twenty years; or rather, he did not know because he had
so seen her: so true is the philosophical maxim that we neglect the
constant element in our thoughts, though it is probably the most
important, and attend almost only to the varying elements--the
differentiating elements (as men now speak)--though they are apt to be
less potent. But when we perceive by the roundabout example of a
colonial governor how difficult the task of a constitutional king is in
the exercise of the function of dissolving Parliament, we at once see
how unlikely it is that an hereditary monarch will be possessed of the
requisite faculties.

An hereditary king is but an ordinary person, upon an average, at best;
he is nearly sure to be badly educated for business; he is very little
likely to have a taste for business; he is solicited from youth by
every temptation to pleasure; he probably passed the whole of his youth
in the vicious situation of the heir-apparent, who can do nothing
because he has no appointed work, and who will be considered almost to
outstep his function if he undertake optional work. For the most part,
a constitutional king is a DAMAGED common man; not forced to business
by necessity as a despot often is, but yet spoiled for business by most
of the temptations which spoil a despot. History, too, seems to show
that hereditary royal families gather from the repeated influence of
their corrupting situation some dark taint in the blood, some
transmitted and growing poison which hurts their judgments, darkens all
their sorrow, and is a cloud on half their pleasure. It has been said,
not truly, but with a possible approximation to truth, "That in 1802
every hereditary monarch was insane". Is it likely that this sort of
monarchs will be able to catch the exact moment when, in opposition to
the wishes of a triumphant Ministry, they ought to dissolve Parliament?
To do so with efficiency they must be able to perceive that the
Parliament is wrong, and that the nation knows it is wrong. Now to know
that Parliament is wrong, a man must be, if not a great statesman, yet
a considerable statesman--a statesman of some sort. He must have great
natural vigour, for no less will comprehend the hard principles of
national policy. He must have incessant industry, for no less will keep
him abreast with the involved detail to which those principles relate,
and the miscellaneous occasions to which they must be applied. A man
made common by nature, and made worse by life, is not likely to have
either; he is nearly sure not to be BOTH clever and industrious. And a
monarch in the recesses of a palace, listening to a charmed flattery
unbiassed by the miscellaneous world, who has always been hedged in by
rank, is likely to be but a poor judge of public opinion. He may have
an inborn tact for finding it out; but his life will never teach it
him, and will probably enfeeble it in him.

But there is a still worse case, a case which the life of George
III.--which is a sort of museum of the defects of a constitutional
king--suggests at once. The Parliament may be wiser than the people,
and yet the king may be of the same mind with the people. During the
last years of the American war, the Premier, Lord North, upon whom the
first responsibility rested, was averse to continuing it, and knew it
could not succeed. Parliament was much of the same mind; if Lord North
had been able to come down to Parliament with a peace in his hand,
Parliament would probably have rejoiced, and the nation under the
guidance of Parliament, though saddened by its losses, probably would
have been satisfied. The opinion of that day was more like the American
opinion of the present day than like our present opinion. It was much
slower in its formation than our opinion now, and obeyed much more
easily sudden impulses from the central administration. If Lord North
had been able to throw the undivided energy and the undistracted
authority of the executive Government into the excellent work of making
a peace and carrying a peace, years of bloodshed might have been
spared, and an entail of enmity cut off that has not yet run out. But
there was a power behind the Prime Minister; George III. was madly
eager to continue the war, and the nation--not seeing how hopeless the
strife was, not comprehending the lasting antipathy which their
obstinacy was creating--ignorant, dull and helpless--was ready to go on
too. Even if Lord North had wished to make peace, and had persuaded
Parliament accordingly, all his work would have been useless; a
superior power could and would have appealed from a wise and pacific
Parliament to a sullen and warlike nation. The check which our
Constitution finds for the special vices of our Parliament was misused
to curb its wisdom.

The more we study the nature of Cabinet government, the more we shall
shrink from exposing at a vital instant its delicate machinery to a
blow from a casual, incompetent, and perhaps semi-insane outsider. The
preponderant probability is that on a great occasion the Premier and
Parliament will really be wiser than the king. The Premier is sure to
be able, and is sure to be most anxious to decide well; if he fail to
decide, he loses his place, though through all blunders the king keeps
his; the judgment of the man naturally very discerning is sharpened by
a heavy penalty, from which the judgment of the man by nature much less
intelligent is exempt. Parliament, too, is for the most part a sound,
careful and practical body of men. Principle shows that the power of
dismissing a Government with which Parliament is satisfied, and of
dissolving that Parliament upon an appeal to the people, is not a power
which a common hereditary monarch will in the long run be able
beneficially to exercise.

Accordingly this power has almost, if not quite, dropped out of the
reality of our Constitution. Nothing, perhaps, would more surprise the
English people than if the Queen by a coup d'etat and on a sudden
destroyed a Ministry firm in the allegiance and secure of a majority in
Parliament. That power, indisputably, in theory, belongs to her; but it
has passed so far away from the minds of men that it would terrify
them, if she used it, like a volcanic eruption from Primrose Hill. The
last analogy to it is not one to be coveted as a precedent. In 1835
William IV. dismissed an administration which, though disorganised by
the loss of its leader in the Commons, was an existing Government, had
a Premier in the Lords ready to go on, and a leader in the Commons
willing to begin. The king fancied that public opinion was leaving the
Whigs and going over to the Tories, and he thought he should accelerate
the transition by ejecting the former. But the event showed that he
misjudged. His PERCEPTION indeed was right; the English people were
wavering in their allegiance to the Whigs, who had no leader that
touched the popular heart, none in whom Liberalism could personify
itself and become a passion--who besides were a body long used to
opposition, and therefore making blunders in office--who were borne to
power by a popular impulse which they only half comprehended, and
perhaps less than half shared. But the king's POLICY was wrong; he
impeded the reaction instead of aiding it. He forced on a premature
Tory Government, which was as unsuccessful as all wise people perceived
that it must be. The popular distaste to the Whigs was as yet but
incipient, inefficient; and the intervention of the Crown was
advantageous to them, because it looked inconsistent with the liberties
of the people. And in so far as William IV. was right in detecting an
incipient change of opinion, he did but detect an erroneous change.
What was desirable was the prolongation of Liberal rule. The commencing
dissatisfaction did but relate to the personal demerits of the Whig
leaders, and other temporary adjuncts of free principles, and not to
those principles intrinsically. So that the last precedent for a royal
onslaught on a Ministry ended thus:--in opposing the right principles,
in aiding the wrong principles, in hurting the party it was meant to
help. After such a warning, it is likely that our monarchs will pursue
the policy which a long course of quiet precedent at present
directs--they will leave a Ministry trusted by Parliament to the
judgment of Parliament.

Indeed, the dangers arising from a party spirit in Parliament exceeding
that of the nation, and of a selfishness in Parliament contradicting
the true interest of the nation, are not great dangers in a country
where the mind of the nation is steadily political, and where its
control over its representatives is constant. A steady opposition to a
formed public opinion is hardly possible in our House of Commons, so
incessant is the national attention to politics, and so keen the fear
in the mind of each member that he may lose his valued seat. These
dangers belong to early and scattered communities, where there are no
interesting political questions, where the distances are great, where
no vigilant opinion passes judgment on Parliamentary excesses, where
few care to have seats in the chamber, and where many of those few are
from their characters and their antecedents better not there than
there. The one great vice of Parliamentary government in an adult
political nation, is the caprice of Parliament in the choice of a
Ministry. A nation can hardly control it here; and it is not good that,
except within wide limits, it should control it. The Parliamentary
judgment of the merits or demerits of an administration very generally
depends on matters which the Parliament, being close at hand,
distinctly sees, and which the distant nation does not see. But where
personality enters, capriciousness begins. It is easy to imagine a
House of Commons which is discontented with all statesmen, which is
contented with none, which is made up of little parties, which votes in
small knots, which will adhere steadily to no leader, which gives every
leader a chance and a hope. Such Parliaments require the imminent check
of possible dissolution; but that check is (as has been shown) better
in the Premier than in the sovereign; and by the late practice of our
constitution, its use is yearly ebbing from the sovereign, and yearly
centring in the Premier. The Queen can hardly now refuse a defeated
Minister the chance of a dissolution, any more than she can dissolve in
the time of an undefeated one, and without his consent.

We shall find the case much the same with the safety-valve, as I have
called it, of our Constitution. A good, capable, hereditary monarch
would exercise it better than a Premier, but a Premier could manage it
well enough; and a monarch capable of doing better will be born only
once in a century, whereas monarchs likely to do worse will be born
every day.

There are two modes in which the power of our executive to create
Peers--to nominate, that is, additional members of our upper and
revising chamber--now acts: one constant, habitual, though not
adequately noticed by the popular mind as it goes on; and the other
possible and terrific, scarcely ever really exercised, but always by
its reserved magic maintaining a great and a restraining influence. The
Crown creates peers, a few year by year, and thus modifies continually
the characteristic feeling of the House of Lords. I have heard people
say, who ought to know, that the ENGLISH peerage (the only one upon
which unhappily the power of new creation now acts) is now more Whig
than Tory. Thirty years ago the majority was indisputably the other
way. Owing to very curious circumstances English parties have not
alternated in power, as a good deal of speculation predicts they would,
and a good deal of current language assumes they have. The Whig party
were in office some seventy years (with very small breaks) from the
death of Queen Anne to the coalition between Lord North and Mr. Fox;
then the Tories (with only such breaks), were in power for nearly fifty
years, till 1832; and since, the Whig party has always, with very
trifling intervals, been predominant. Consequently, each
continuously-governing party has had the means of modifying the Upper
House to suit its views. The profuse Tory creations of half a century
had made the House of Lords bigotedly Tory before the first Reform Act,
but it is wonderfully mitigated now. The Irish Peers and Scotch
Peers--being nominated by an almost unaltered constituency, and
representing the feelings of the majority of that constituency only (no
minority having any voice)--present an unchangeable Tory element. But
the element in which change is permitted has been changed. Whether the
English Peerage be or be not predominantly now Tory, it is certainly
not Tory after the fashion of the Toryism of 1832. The Whig additions
have indeed sprung from a class commonly rather adjoining upon Toryism,
than much inclining to Radicalism. It is not from men of large wealth
that a very great impetus to organic change should be expected. The
additions to the Peers have matched nicely enough with the old Peers,
and therefore they have effected more easily a greater and more
permeating modification. The addition of a contrasting mass would have
excited the old leaven, but the delicate infusion of ingredients
similar in genus, though different in species, has modified the new
compound without irritating the old original.

This ordinary and common use of the peer-creating power is always in
the hands of the Premier, and depends for its characteristic use on
being there. He, as the head of the predominant party, is the proper
person to modify gradually the permanent chamber which, perhaps, was at
starting hostile to him; and, at any rate, can be best harmonised with
the public opinion he represents by the additions he makes. Hardly any
contrived constitution possesses a machinery for modifying its
secondary house so delicate, so flexible, and so constant. If the power
of creating life peers had been added, the mitigating influence of the
responsible executive upon the House of Lords would have been as good
as such a thing can be.

The catastrophic creation of peers for the purpose of swamping the
Upper House is utterly different. If an able and impartial exterior
king is at hand, this power is best in that king. It is a power only to
be used on great occasions, when the object is immense, and the party
strife unmitigated. This is the conclusive, the swaying power of the
moment, and of course, therefore, it had better be in the hands of a
power both capable and impartial, than of a Premier who must in some
degree be a partisan. The value of a discreet, calm, wise monarch, if
such should happen to be reigning at the acute crisis of a nation's
destiny, is priceless. He may prevent years of tumult, save bloodshed
and civil war, lay up a store of grateful fame to himself, prevent the
accumulated intestine hatred of each party to its opposite. But the
question comes back, Will there be such a monarch just then? What is
the chance of having him just then? What will be the use of the monarch
whom the accidents of inheritance, such as we know them to be, must
upon an average bring us just then?

The answer to these questions is not satisfactory, if we take it from
the little experience we have had in this rare matter. There have been
but two cases at all approaching to a catastrophic creation of
peers--to a creation which would suddenly change the majority of the
Lords--in English history. One was in Queen Anne's time. The majority
of peers in Queen Anne's time were Whig, and by profuse and quick
creations Harley's Ministry changed it to a Tory majority. So great was
the popular effect, that in the next reign one of the most contested
Ministerial proposals was a proposal to take the power of indefinite
peer creation from the Crown, and to make the number of Lords fixed, as
that of the Commons is fixed. But the sovereign had little to do with
the matter. Queen Anne was one of the smallest people ever set in a
great place. Swift bitterly and justly said "she had not a store of
amity by her for more than one friend at a time," and just then her
affection was concentrated on a waiting-maid. Her waiting-maid told her
to make peers, and she made them. But of large thought and
comprehensive statesmanship she was as destitute as Mrs. Masham. She
supported a bad Ministry by the most extreme of measures, and she did
it on caprice. The case of William IV. is still more instructive. He
was a very conscientious king, but at the same time an exceedingly weak
king. His correspondence with Lord Grey on this subject fills more than
half a large volume, or rather his secretary's correspondence, for he
kept a very clever man to write what he thought, or at least what those
about him thought. It is a strange instance of high-placed weakness and
conscientious vacillation. After endless letters the king consents to
make a REASONABLE number of peers if required to pass the second
reading of the Reform Bill, but owing to desertion of the "Waverers"
from the Tories, the second reading is carried without it by nine, and
then the king refuses to make peers, or at least enough peers when a
vital amendment is carried by Lord Lyndhurst, which would have
destroyed, and was meant to destroy the Bill. In consequence, there was
a tremendous crisis and nearly a revolution. A more striking example of
well-meaning imbecility is scarcely to be found in history. No one who
reads it carefully will doubt that the discretionary power of making
peers would have been far better in Lord Grey's hands than in the
king's. It was the uncertainty whether the king would exercise it, and
how far he would exercise it, that mainly animated the opposition. In
fact, you may place power in weak hands at a revolution, but you cannot
keep it in weak hands. It runs out of them into strong ones. An
ordinary hereditary sovereign--a William IV., or a George IV.--is unfit
to exercise the peer-creating power when most wanted. A half-insane
king, like George III., would be worse. He might use it by
unaccountable impulse when not required, and refuse to use it out of
sullen madness when required.

The existence of a fancied check on the Premier is in truth an evil,
because it prevents the enforcement of a real check. It would be easy
to provide by law that an extraordinary number of peers--say more than
ten annually--should not be created except on a vote of some large
majority, suppose three-fourths of the Lower House. This would ensure
that the Premier should not use the reserve force of the constitution
as if it were an ordinary force; that he should not use it except when
the whole nation fixedly wished it; that it should be kept for a
revolution, not expended on administration; and it would ensure that he
should then have it to use. Queen Anne's case and William IV.'s case
prove that neither object is certainly attained by entrusting this
critical and extreme force to the chance idiosyncrasies and habitual
mediocrity of an hereditary sovereign.

It may be asked why I argue at such length a question in appearance so
removed from practice, and in one point of view so irrelevant to my
subject. No one proposes to remove Queen Victoria; if any one is in a
safe place on earth, she is in a safe place. In these very essays it
has been shown that the mass of our people would obey no one else, that
the reverence she excites is the potential energy--as science now
speaks--out of which all minor forces are made, and from which lesser
functions take their efficiency. But looking not to the present hour,
and this single country, but to the world at large and coming times, no
question can be more practical.

What grows upon the world is a certain matter-of-factness. The test of
each century, more than of the century before, is the test of results.
New countries are arising all over the world where there are no fixed
sources of reverence; which have to make them; which have to create
institutions which must generate loyalty by conspicuous utility. This
matter-of-factness is the growth even in Europe of the two greatest and
newest intellectual agencies of our time. One of these is business. We
see so much of the material fruits of commerce that we forget its
mental fruits. It begets a mind desirous of things, careless of ideas,
not acquainted with the niceties of words. In all labour there should
be profit, is its motto. It is not only true that we have "left swords
for ledgers," but war itself is made as much by the ledger as by the
sword. The soldier--that is, the great soldier--of to-day is not a
romantic animal, dashing at forlorn hopes, animated by frantic
sentiment, full of fancies as to a lady-love or a sovereign; but a
quiet, grave man, busied in charts, exact in sums, master of the art of
tactics, occupied in trivial detail; thinking, as the Duke of
Wellington was said to do, MOST of the shoes of his soldiers; despising
all manner of eclat and eloquence; perhaps, like Count Moltke, "silent
in seven languages". We have reached a "climate" of opinion where
figures rule, where our very supporter of Divine right, as we deemed
him, our Count Bismarck, amputates kings right and left, applies the
test of results to each, and lets none live who are not to do
something. There has in truth been a great change during the last five
hundred years in the predominant occupations of the ruling part of
mankind; formerly they passed their time either in exciting action or
inanimate repose. A feudal baron had nothing between war and the
chase--keenly animating things both--and what was called "inglorious
ease". Modern life is scanty in excitements, but incessant in quiet
action. Its perpetual commerce is creating a "stock-taking" habit--the
habit of asking each man, thing, and institution, "Well, what have you
done since I saw you last?"

Our physical science, which is becoming the dominant culture of
thousands, and which is beginning to permeate our common literature to
an extent which few watch enough, quite tends the same way. The two
peculiarities are its homeliness and its inquisitiveness; its value for
the most "stupid" facts, as one used to call them, and its incessant
wish for verification--to be sure, by tiresome seeing and hearing, that
they are facts. The old excitement of thought has half died out, or
rather it is diffused in quiet pleasure over a life instead of being
concentrated in intense and eager spasms. An old philosopher--a
Descartes, suppose--fancied that out of primitive truths, which he
could by ardent excogitation know, he might by pure deduction evolve
the entire universe. Intense self-examination, and intense reason
would, he thought, make out everything. The soul "itself by itself,"
could tell all it wanted if it would be true to its sublimer isolation.
The greatest enjoyment possible to man was that which this philosophy
promises its votaries--the pleasure of being always right, and always
reasoning--without ever being bound to look at anything. But our most
ambitious schemes of philosophy now start quite differently. Mr. Darwin
begins:--

"When on board H.M.S. Beagle, as naturalist, I was much struck with
certain facts in the distribution of the organic beings inhabiting
South America, and in the geological relations of the present to the
past inhabitants of that continent. These facts, as will be seen in the
latter chapters of this volume, seemed to throw some light on the
origin of species--that mystery of mysteries, as it has been called by
one of our greatest philosophers. On my return home, it occurred to me,
in 1837, that something might perhaps be made out on this question by
patiently accumulating and reflecting on all sorts of facts which could
possibly have any bearing on it. After five years' work I allowed
myself to speculate on the subject, and drew up some short notes; these
I enlarged in 1844 into a sketch of the conclusions which then seemed
to me probable: from that period to the present day I have steadily
pursued the same object. I hope that I may be excused for entering on
these personal details, as I give them to show that I have not been
hasty in coming to a decision."

If he hopes finally to solve his great problem, it is by careful
experiments in pigeon-fancying, and other sorts of artificial
variety-making. His hero is not a self-enclosed, excited philosopher,
but "that most skilful breeder, Sir John Sebright, who used to say,
with respect to pigeons, that he would produce any given feathers in
three years, but it would take him six years to obtain a head and a
beak". I am not saying that the new thought is better than the old; it
is no business of mine to say anything about that; I only wish to bring
home to the mind, as nothing but instances can bring it home, how
matter-of-fact, how petty, as it would at first sight look, even our
most ambitious science has become.

In the new communities which our emigrating habit now constantly
creates, this prosaic turn of mind is intensified. In the American mind
and in the colonial mind there is, as contrasted with the old English
mind, a LITERALNESS, a tendency to say, "The facts are so-and-so,
whatever may be thought or fancied about them". We used before the
civil war to say that the Americans worshipped the almighty dollar; we
now know that they can scatter money almost recklessly when they will.
But what we meant was half right--they worship visible value: obvious,
undeniable, intrusive result. And in Australia and New Zealand the same
turn comes uppermost. It grows from the struggle with the wilderness.
Physical difficulty is the enemy of early communities, and an incessant
conflict with it for generations leaves a mark of reality on the
mind--a painful mark almost to us, used to impalpable fears and the
half-fanciful dangers of an old and complicated society. The "new
Englands" of all latitudes are bare-minded (if I may so say) as
compared with the "old".

When, therefore, the new communities of the colonised world have to
choose a government, they must choose one in which ALL the institutions
are of an obvious evident utility. We catch the Americans smiling at
our Queen with her secret mystery, and our Prince of Wales with his
happy inaction. It is impossible, in fact, to convince their prosaic
minds that constitutional royalty is a rational government, that it is
suited to a new age and an unbroken country, that those who start
afresh can start with it. The princelings who run about the world with
excellent intentions, but an entire ignorance of business, are to them
a locomotive advertisement that this sort of government is European in
its limitations and mediaeval in its origin; that though it has yet a
great part to play in the old States, it has no place or part in new
States. The realisme impitoyable which good critics find in a most
characteristic part of the literature of the nineteenth century, is to
be found also in its politics. An ostentatious utility must
characterise its creations.

The deepest interest, therefore, attaches to the problem of this essay.
If hereditary royalty had been essential to Parliamentary government,
we might well have despaired of that government. But accurate
investigation shows that this royalty is not essential; that, upon an
average, it is not even in a high degree useful; that though a king
with high courage and fine discretion--a king with a genius for the
place--is always useful, and at rare moments priceless, yet that a
common king, a king such as birth brings, is of no use at difficult
crises, while in the common course of things his aid is neither likely
nor required--he will do nothing, and he need do nothing. But we
happily find that a new country need not fall back into the fatal
division of powers incidental to a Presidential government; it may, if
other conditions serve, obtain the ready, well-placed, identical sort
of sovereignty which belongs to the English Constitution, under the
unroyal form of Parliamentary government.




NO. VIII.

THE PREREQUISITES OF CABINET GOVERNMENT, AND THE PECULIAR FORM WHICH
THEY HAVE ASSUMED IN ENGLAND.


Cabinet government is rare because its prerequisites are many. It
requires the co-existence of several national characteristics which are
not often found together in the world, and which should be perceived
more distinctly than they often are. It is fancied that the possession
of a certain intelligence, and a few simple virtues, are the sole
requisites. The mental and moral qualities are necessary, but much else
is necessary also. A Cabinet government is the government of a
committee selected by the legislature, and there are therefore a double
set of conditions to it: first, those which are essential to all
elective governments as such; and second, those which are requisite to
this particular elective government. There are prerequisites for the
genus, and additional ones for the species.

The first prerequisite of elective government is the MUTUAL CONFIDENCE
of the electors. We are so accustomed to submit to be ruled by elected
Ministers, that we are apt to fancy all mankind would readily be so
too. Knowledge and civilisation have at least made this progress, that
we instinctively, without argument, almost without consciousness, allow
a certain number of specified persons to choose our rulers for us. It
seems to us the simplest thing in the world. But it is one of the
gravest things.

The peculiar marks of semi-barbarous people are diffused distrust and
indiscriminate suspicion. People, in all but the most favoured times
and places, are rooted to the places where they were born, think the
thoughts of those places, can endure no other thoughts. The next parish
even is suspected. Its inhabitants have different usages, almost
imperceptibly different, but yet different; they speak a varying
accent; they use a few peculiar words; tradition says that their faith
is dubious. And if the next parish is a little suspected, the next
county is much more suspected. Here is a definite beginning of new
maxims, new thoughts, new ways: the immemorial boundary mark begins in
feeling a strange world. And if the next county is dubious, a remote
county is untrustworthy. "Vagrants come from thence," men know, and
they know nothing else. The inhabitants of the north speak a dialect
different from the dialect of the south: they have other laws, another
aristocracy, another life. In ages when distant territories are blanks
in the mind, when neighbourhood is a sentiment, when locality is a
passion, concerted co-operation between remote regions is impossible
even on trivial matters. Neither would rely enough upon the good faith,
good sense, and good judgment of the other. Neither could enough
calculate on the other.

And if such co-operation is not to be expected in trivial matters, it
is not to be thought of in the most vital matter of government--the
choice of the executive ruler. To fancy that Northumberland in the
thirteenth century would have consented to ally itself with
Somersetshire for the choice of a chief magistrate is absurd; it would
scarcely have allied itself to choose a hangman. Even now, if it were
palpably explained, neither district would like it. But no one says at
a county election, "The object of this present meeting is to choose our
delegate to what the Americans call the 'Electoral College,' to the
assembly which names our first magistrate--our substitute for their
President. Representatives from this county will meet representatives
from other counties, from cities and boroughs, and proceed to choose
our rulers." Such bald exposition would have been impossible in old
times; it would be considered queer, eccentric, if it were used now.
Happily, the process of election is so indirect and hidden, and the
introduction of that process was so gradual and latent, that we
scarcely perceive the immense political trust we repose in each other.
The best mercantile credit seems to those who give it, natural, simple,
obvious; they do not argue about it, or think about it. The best
political credit is analogous; we trust our countrymen without
remembering that we trust them.

A second and very rare condition of an elective government is a CALM
national mind--a tone of mind sufficiently staple to bear the necessary
excitement of conspicuous revolutions. No barbarous, no semi-civilised
nation has ever possessed this. The mass of uneducated men could not
now in England be told "go to, choose your rulers;" they would go wild;
their imaginations would fancy unreal dangers, and the attempt at
election would issue in some forcible usurpation. The incalculable
advantage of august institutions in a free state is, that they prevent
this collapse. The excitement of choosing our rulers is prevented by
the apparent existence of an unchosen ruler. The poorer and more
ignorant classes--those who would most feel excitement, who would most
be misled by excitement--really believe that the Queen governs. You
could not explain to them the recondite difference between "reigning"
and "governing"; the words necessary to express it do not exist in
their dialect; the ideas necessary to comprehend it do not exist in
their minds. The separation of principal power from principal station
is a refinement which they could not even conceive. They fancy they are
governed by an hereditary Queen, a Queen by the grace of God, when they
are really governed by a Cabinet and a Parliament--men like themselves,
chosen by themselves. The conspicuous dignity awakens the sentiment of
reverence, and men, often very undignified, seize the occasion to
govern by means of it.

Lastly. The third condition of all elective government is what I may
call RATIONALITY, by which I mean a power involving intelligence, but
yet distinct from it. A whole people electing its rulers must be able
to form a distinct conception of distant objects. Mostly, the
"divinity" that surrounds a king altogether prevents anything like a
steady conception of him. You fancy that the object of your loyalty is
as much elevated above you by intrinsic nature as he is by extrinsic
position; you deify him in sentiment, as once men deified him in
doctrine. This illusion has been and still is of incalculable benefit
to the human race. It prevents, indeed, men from choosing their rulers;
you cannot invest with that loyal illusion a man who was yesterday what
you are, who to-morrow may be so again, whom you chose to be what he
is. But though this superstition prevents the election of rulers, it
renders possible the existence of unelected rulers. Untaught people
fancy that their king, crowned with the holy crown, anointed with the
oil of Rheims, descended of the House of Plantagenet, is a different
sort of being from any one not descended of the Royal House--not
crowned--not anointed. They believe that there is ONE man whom by
mystic right they should obey; and therefore they do obey him. It is
only in later times, when the world is wider, its experience larger,
and its thought colder, that the plain rule of a palpably chosen ruler
is even possible.

These conditions narrowly restrict elective government. But the
prerequisites of a Cabinet government are rarer still; it demands not
only the conditions I have mentioned, but the possibility likewise of a
good legislature--a legislature competent to elect a sufficient
administration.

Now a competent legislature is very rare. ANY permanent legislature at
all, any constantly acting mechanism for enacting and repealing laws,
is, though it seems to us so natural, quite contrary to the inveterate
conceptions of mankind. The great majority of nations conceive of their
law, either as something Divinely given, and therefore unalterable, or
as a fundamental habit, inherited from the past to be transmitted to
the future. The English Parliament, of which the prominent functions
are now legislative, was not all so once. It was rather a PRESERVATIVE
body. The custom of the realm--the aboriginal transmitted law--the law
which was in the breast of the judges, could not be altered without the
consent of Parliament, and therefore everybody felt sure it would not
be altered except in grave, peculiar, and anomalous cases. The VALUED
use of Parliament was not half so much to alter the law, as to prevent
the laws being altered. And such too was its real use. In early
societies it matters much more that the law should be fixed than that
it should be good. Any law which the people of ignorant times enact is
sure to involve many misconceptions, and to cause many evils.
Perfection in legislation is not to be looked for, and is not, indeed,
much wanted in a rude, painful, confined life. But such an age covets
fixity. That men should enjoy the fruits of their labour, that the law
of property should be known, that the law of marriage should be known,
that the whole course of life should be kept in a calculable track is
the summum bonum of early ages, the first desire of semi-civilised
mankind. In that age men do not want to have their laws adapted, but to
have their laws steady. The passions are so powerful, force so eager,
the social bond so weak, that the august spectacle of an all but
unalterable law is necessary to preserve society. In the early stages
of human society all change is thought an evil. And MOST change is an
evil. The conditions of life are so simple and so unvarying that any
decent sort of rules suffice so long as men know what they are. Custom
is the first check on tyranny; that fixed routine of social life at
which modern innovations chafe, and by which modern improvement is
impeded, is the primitive check on base power. The perception of
political expediency has then hardly begun; the sense of abstract
justice is weak and vague; and a rigid adherence to the fixed mould of
transmitted usage is essential to an unmarred, unspoiled, unbroken life.

In such an age a legislature continuously sitting, always making laws,
always repealing laws, would have been both an anomaly and a nuisance.
But in the present state of the civilised part of the world such
difficulties are obsolete. There is a diffused desire in civilised
communities for an ADJUSTING legislation; for a legislation which
should adapt the inherited laws to the new wants of a world which now
changes every day. It has ceased to be necessary to maintain bad laws
because it is necessary to have some laws. Civilisation is robust
enough to bear the incision of legal improvements. But taking history
at large, the rarity of Cabinets is mostly due to the greater rarity of
continuous legislatures.

Other conditions, however, limit even at the present day the area of a
Cabinet government. It must be possible to have not only a legislature,
but to have a competent legislature--a legislature willing to elect and
willing to maintain an efficient executive. And this is no easy matter.
It is indeed true that we need not trouble ourselves to look for that
elaborate and complicated organisation which partially exists in the
House of Commons, and which is more fully and freely expanded in plans
for improving the House of Commons. We are not now concerned with
perfection or excellence; we seek only for simple fitness and bare
competency.

The conditions of fitness are two. First, you must get a good
legislature; and next, you must keep it good. And these are by no means
so nearly connected as might be thought at first sight. To keep a
legislature efficient, it must have a sufficient supply of substantial
business. If you employ the best set of men to do nearly nothing, they
will quarrel with each other about that nothing. Where great questions
end, little parties begin. And a very happy community, with few new
laws to make, few old bad laws to repeal, and but simple foreign
relations to adjust, has great difficulty in employing a legislature.
There is nothing for it to enact, and nothing for it to settle.
Accordingly, there is great danger that the legislature, being debarred
from all other kind of business, may take to quarrelling about its
elective business; that controversies as to Ministries may occupy all
its time, and yet that time be perniciously employed; that a constant
succession of feeble administrations, unable to govern and unfit to
govern, may be substituted for the proper result of Cabinet
government--a sufficient body of men long enough in power to evince
their sufficiency. The exact amount of non-elective business necessary
for a Parliament which is to elect the executive cannot, of course, be
formally stated. There are no numbers and no statistics in the theory
of constitutions. All we can say is, that a Parliament with little
business, which is to be as efficient as a Parliament with much
business, must be in all other respects much better. An indifferent
Parliament may be much improved by the steadying effect of grave
affairs; but a Parliament which has no such affairs must be
intrinsically excellent, or it will fail utterly.

But the difficulty of keeping a good legislature, is evidently
secondary to the difficulty of first getting it. There are two kinds of
nations which can elect a good Parliament. The first is a nation in
which the mass of the people are intelligent, and in which they are
comfortable. Where there is no honest poverty, where education is
diffused, and political intelligence is common, it is easy for the mass
of the people to elect a fair legislature. The idea is roughly realised
in the North American colonies of England, and in the whole free States
of the Union. In these countries there is no such thing as honest
poverty; physical comfort, such as the poor cannot imagine here, is
there easily attainable by healthy industry. Education is diffused
much, and is fast spreading, Ignorant emigrants from the Old World
often prize the intellectual advantages of which they are themselves
destitute, and are annoyed at their inferiority in a place where
rudimentary culture is so common. The greatest difficulty of such new
communities is commonly geographical. The population is mostly
scattered; and where population is sparse, discussion is difficult. But
in a country very large, as we reckon in Europe, a people really
intelligent, really educated, really comfortable, would soon form a
good opinion. No one can doubt that the New England States, if they
were a separate community, would have an education, a political
capacity, and an intelligence such as the numerical majority of no
people, equally numerous, has ever possessed. In a State of this sort,
where all the community is fit to choose a sufficient legislature, it
is possible, it is almost easy, to create that legislature. If the New
England States possessed a Cabinet government as a separate nation,
they would be as renowned in the world for political sagacity as they
now are for diffused happiness.

The structure of these communities is indeed based on the principle of
equality, and it is impossible that ANY such community can wholly
satisfy the severe requirements of a political theorist. In every old
community its primitive and guiding assumption is at war with truth. By
its theory all people are entitled to the same political power, and
they can only be so entitled on the ground that in politics they are
equally wise. But at the outset of an agricultural colony this
postulate is as near the truth as politics want. There are in such
communities no large properties, no great capitals, no refined
classes--every one is comfortable and homely, and no one is at all
more. Equality is not artificially established in a new colony; it
establishes itself. There is a story that among the first settlers in
Western Australia, some, who were rich, took out labourers at their own
expense, and also carriages to ride in. But soon they had to try if
they could live in the carriages. Before the masters' houses were
built, the labourers had gone off--they were building houses and
cultivating land for themselves, and the masters were left to sit in
their carriages. Whether this exact thing happened I do not know, but
this sort of thing has happened a thousand times. There has been a
whole series of attempts to transplant to the colonies a graduated
English society. But they have always failed at the first step. The
rude classes at the bottom felt that they were equal to or better than
the delicate classes at the top; they shifted for themselves, and left
the "gentle-folks" to shift for themselves; the base of the elaborate
pyramid spread abroad, and the apex tumbled in and perished. In the
early ages of an agricultural colony, whether you have political
democracy or not, social democracy you must have, for nature makes it,
and not you. But in time, wealth grows and inequality begins. A and his
children are industrious, and prosper; B and his children are idle, and
fail. If manufactures on a considerable scale are established--and most
young communities strive even by protection to establish them--the
tendency to inequality is intensified. The capitalist becomes a unit
with much, and his labourers a crowd with little. After generations of
education, too, there arise varieties of culture--there will be an
upper thousand, or ten thousand, of highly cultivated people in the
midst of a great nation of moderately educated people. In theory it is
desirable that this highest class of wealth and leisure should have an
influence far out of proportion to its mere number: a perfect
constitution would find for it a delicate expedient to make its fine
thought tell upon the surrounding cruder thought. But as the world
goes, when the whole of the population is as instructed and as
intelligent as in the case I am supposing, we need not care much about
this. Great communities have scarcely ever--never save for transient
moments--been ruled by their highest thought. And if we can get them
ruled by a decent capable thought, we may be well enough contented with
our work. We have done more than could be expected, though not all
which could be desired. At any rate, an isocratic polity--a polity
where every one votes, and where every one votes alike--is, in a
community of sound education and diffused intelligence, a conceivable
case of Cabinet government. It satisfies the essential condition; there
is a people able to elect, a Parliament able to choose.

But suppose the mass of the people are not able to elect--and this is
the case with the numerical majority of all but the rarest nations--how
is a Cabinet government to be then possible? It is only possible in
what I may venture to call DEFERENTIAL nations. It has been thought
strange, but there ARE nations in which the numerous unwiser part
wishes to be ruled by the less numerous wiser part. The numerical
majority--whether by custom or by choice, is immaterial--is ready, is
eager to delegate its power of choosing its ruler to a certain select
minority. It abdicates in favour of its elite, and consents to obey
whoever that elite may confide in. It acknowledges as its secondary
electors--as the choosers of its government--an educated minority, at
once competent and unresisted; it has a kind of loyalty to some
superior persons who are fit to choose a good government, and whom no
other class opposes. A nation in such a happy state as this has obvious
advantages for constructing a Cabinet government. It has the best
people to elect a legislature, and therefore it may fairly be expected
to choose a good legislature--a legislature competent to select a good administration.

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