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

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 schoolboy, 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 the 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.

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."

"First, The checking body must have a degree of power sufficient for the business of checking."

"Secondly, It must have an identity of interest with the community. Otherwise, it will make a mischievous use of its power."

The first of these propositions certainly admits of no dispute. As to the second, we shall hereafter take occasion to make some remarks on the sense in which Mr Mill understands the words "interest of the community."

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 senators 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 carries 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 people and their rulers. In every form of government, the rulers stand in some awe of the people. The fear of resistance and the sense of shame operate in a certain degree, on the most absolute kings and the most illiberal oligarchies. And nothing but the fear of resistance and the sense of shame preserves the freedom of the most democratic communities from the encroachments of their annual and biennial delegates.

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.

"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 interests 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...In 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 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 dogmatises away the interest 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, play things, captives, menials, beasts of burden. Except in a few happy and highly civilised 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 the girls who compose his harem? Is the interest of a Chinese the same with that of the woman whom he harnesses to his plough? Is the interest of an Italian the same with that of the daughter whom he devotes to God? The interest of a respectable Englishman may be said, without any impropriety, to be identical with that of his wife. But why is it so? Because human nature is NOT what Mr Mill conceives it to be; because civilised men, 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 servilely 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