Miscellaneous Writings and Speeches - Volume 2 by Thomas Babington Macaulay (big screen ebook reader txt) 📖

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 of either 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 all possible 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 an 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.

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 together. But where two portions of power are of the same kind, there is no difficulty in ascertaining, sufficiently for all practical purposes, whether they are equal or unequal. It is easy to judge whether two men run equally fast, or can lift equal weights. Two arbitrators, whose joint decision is to be final, and neither of whom can do anything without the assent of the other, possess equal power. Two electors, each of whom has a vote for a borough, 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 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 infallibly take from the weaker till the weaker is altogether enslaved.

Surely the answer to all this hubbub of unmeaning 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 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!

Mr Mill reminds us of those philosophers of the sixteenth century who, having satisfied themselves a priori that the rapidity with which bodies descended to the earth varied exactly as their weights, refused to believe the contrary on the evidence of their own eyes and ears. The British constitution, according to Mr Mill's classification, is a mixture of monarchy and aristocracy; one House of Parliament being composed of hereditary nobles, and the 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 Moliere; "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 in the face of a majority of the House of Commons. In 1804, the apprehension of a defeat in Parliament compelled the same King to part from his most favoured minister. But, in 1807, he was able to do exactly what Anne had done nearly a hundred years before. Now, had the power of the King increased during the intervening century, or had it remained stationary? Is it possible that the one lot among the infinite number should have fallen to us? If not, Mr Mill has proved that one of the two parties must have been constantly taking from the other. Many of the ablest men in England think that the influence of the Crown has, on the whole, increased since the reign of Anne. Others think that the Parliament has been growing in 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 destroy the other. But this is not the question. A third party, a general of their own, for example, may, by physical force, subjugate them 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 constitution invests the two branches of the legislature; 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 encroachment?

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 constitutional power sufficient to protect it against anything 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.

But is it certain that two of the branches of the legislature will combine against the third? "It appears to be as certain," says Mr Mill, "as anything which depends upon human will; because there are strong motives in favour of it, and none that can be conceived in opposition to it." He subsequently sets forth what these motives are. The interest of the democracy is that each individual should receive protection. The interest of the King and the aristocracy is to have all the power that they can obtain, and to use it for their own ends. Therefore the King and the aristocracy have all possible motives for combining against the people. If our readers will look back to the passage quoted above, they will see that we represent Mr Mill's argument quite fairly.

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