
Unto This Last, and Other Essays on Political Economy
If we choose to class the laws of precept and distribution under the general head of "statutes," all law is simply either of statute or judgment; that is, first, the establishment of ordinance, and, secondly, the assignment of the reward or penalty due to its observance or violation.
To some extent these two forms of law must be associated, and, with every ordinance, the penalty of disobedience to it be also determined. But since the degrees and guilt of disobedience vary, the determination of due reward and punishment must be modified by discernment of special fact, which is peculiarly the office of the judge, as distinguished from that of the lawgiver and lawsustainer, or king; not but that the two offices are always theoretically and, in early stages, or limited numbers, of society, are often practically, united in the same person or persons.
Also, it is necessary to keep clearly in view the distinction between these two kinds of law, because the possible range of law is wider in proportion to their separation. There are many points of conduct respecting which the nation may wisely express its will by a written precept or resolve; yet not enforce it by penalty; and the expedient degree of penalty is always quite a separate consideration from the expedience of the statute, for the statute may often be better enforced by mercy than severity, and is also easier in bearing, and less likely to be abrogated. Farther, laws of precept have reference especially to youth, and concern themselves with training; but laws of judgment to manhood, and concern themselves with remedy and reward. There is a highly curious feeling in the English mind against educational law; we think no man's liberty should be interfered with till he has done irrevocable wrong; whereas it is then just too late for the only gracious and kingly interference, which is to hinder him from doing it. Make your educational laws strict, and your criminal ones may be gentle; but, leave youth its liberty, and you will have to dig dungeons for age. And it is good for a man that he wear the yoke in his youth; for the yoke of youth, if you know how to hold it, may be of silken thread; and there is sweet chime of silver bells at that bridle rein; but, for the captivity of age, you must forge the iron fetter, and cast the passing bell.
Since no law can be in a final or true sense established, but by right (all unjust laws involving the ultimate necessity of their own abrogation), the law-sustaining power in so far as it is Royal, or "right doing";—in so far, that is, as it rules, not mis-rules, and orders, not dis-orders, the things submitted to it. Throned on this rock of justice, the kingly power becomes established and establishing, "θεῖος," or divine, and, therefore, it is literally true that no ruler can err, so long as he is a ruler, or ἄρχων οὐδεὶς ἁμαρτάνει τότε ὅταν ἄρχων ᾖ (perverted by careless thought, which has cost the world somewhat, into "the king can do no wrong"). Which is a divine right of kings indeed, and quite unassailable, so long as the terms of it are "God and my Right," and not "Satan and my Wrong," which is apt, in some coinages, to appear on the reverse of the die, under a good lens.
Meristic law, or that of tenure of property, first determines what every individual possesses by right, and secures it to him; and what he possesses by wrong, and deprives him of it. But it has a far higher provisory function: it determines what every man should possess, and puts it within his reach on due conditions; and what he should not possess, and puts this out of his reach conclusively.
Every article of human wealth has certain conditions attached to its merited possession, which, when they are unobserved, possession becomes rapine. The object of meristic law is not only to secure every man his rightful share (the share, that is, which he has worked for, produced, or received by gift from a rightful owner), but to enforce the due conditions of possession, as far as law may conveniently reach; for instance, that land shall not be wantonly allowed to run to waste, that streams shall not be poisoned by the persons through whose properties they pass, nor air be rendered unwholesome beyond given limits. Laws of this kind exist already in rudimentary degree, but needing large development; the just laws respecting the possession of works of art have not hitherto been so much as conceived, and the daily loss of national wealth, and of its use, in this respect, is quite incalculable.109 While, finally, in certain conditions of a nation's progress, laws limiting accumulation of property may be found expedient.
Critic law determines questions of injury, and assigns due rewards and punishments to conduct.110
Therefore, in order to true analysis of it, we must understand the real meaning of this word "injury."
We commonly understand by it any kind of harm done by one man to another; but we do not define the idea of harm; sometimes we limit it to the harm which the sufferer is conscious of, whereas much the worst injuries are those he is unconscious of; and, at other times, we limit the idea to violence, or restraint, whereas much the worse forms of injury are to be accomplished by carelessness, and the withdrawal of restraint.
"Injury" is, then, simply the refusal, or violation of any man's right or claim upon his fellows: which claim, much talked of in modern times, under the term "right," is mainly resolvable into two branches: a man's claim not to be hindered from doing what he should; and his claim to be hindered from doing what he should not; these two forms of hindrance being intensified by reward, or help and fortune, or Fors on one side, and punishment, impediment, and even final arrest, or Mors, on the other.
Now, in order to a man's obtaining these two rights, it is clearly needful that the worth of him should be approximately known; as well as the want of worth, which has, unhappily, been usually the principal subject of study for critic law, careful hitherto only to mark degrees of de-merit, instead of merit;—assigning, indeed, to the deficiencies (not always, alas! even to these) just fine, diminution, or (with the broad vowels) damnation; but to the efficiencies, on the other side, which are by much the more interesting, as well as the only profitable part of its subject, assigning in any clear way neither measurement nor aid.
Now, it is in this higher and perfect function of critic law, enabling as well as disabling, that it becomes truly kingly or basilican, instead of Draconic (what Providence gave the great, old, wrathful legislator his name?); that is, it becomes the law of man and of life, instead of the law of the worm and of death—both of these laws being set in everlasting poise one against another, and the enforcement of both being the eternal function of the lawgiver, and true claim of every living soul: such claim being indeed as straight and earnest to be mercifully hindered, and even, if need be, abolished, when longer existence means only deeper destruction, as to be mercifully helped and recreated when longer existence and new creation mean nobler life. So that what we vulgarly term reward and punishment will be found to resolve themselves mainly into help and hindrance, and these again will issue naturally from true recognition of deserving, and the just reverence and just wrath which follow instinctively on such recognition.
I say "follow," but in reality they are the recognition. Reverence is but the perceiving of the thing in its entire truth: truth reverted is truth revered (vereor and veritas having clearly the same root), so that Goethe is for once, and for a wonder, wrong in that part of the noble scheme of education in "Wilhelm Meister," in which he says that reverence is not innate, and must be taught. Reverence is as instinctive as anger;—both of them instant on true vision: it is sight and understanding that we have to teach, and these are reverence. Make a man perceive worth, and in its reflection he sees his own relative unworth, and worships thereupon inevitably, not with stiff courtesy, but rejoicingly, passionately, and, best of all, restfully: for the inner capacity of awe and love is infinite in man; and when his eyes are once opened to the sight of beauty and honour, it is with him as with a lover, who, falling at his mistress's feet, would cast himself through the earth, if it might be, to fall lower, and find a deeper and humbler place. And the common insolences and petulances of the people, and their talk of equality, are not irreverence in them in the least, but mere blindness, stupefaction, and fog in the brains,111 which pass away in the degree that they are raised and purified: the first sign of which raising is, that they gain some power of discerning, and some patience in submitting to their true counsellors and governors; the modes of such discernment forming the real "constitution" of the state, and not the titles or offices of the discerned person; for it is no matter, save in degree of mischief, to what office a man is appointed, if he cannot fulfil it. And this brings us to the third division of our subject.
III.—Government by CouncilThis is the determination, by living authority, of the national conduct to be observed under existing circumstances; and the modification or enlargement, abrogation or enforcement, of the code of national law according to present needs or purposes. This government is necessarily always by Council, for though the authority of it may be vested in one person, that person cannot form any opinion on a matter of public interest but by (voluntarily or involuntarily) submitting himself to the influence of others.
This government is always twofold—visible and invisible.
The visible government is that which nominally carries on the national business; determines its foreign relations, raises taxes, levies soldiers, fights battles, or directs that they be fought, and otherwise becomes the exponent of the national fortune. The invisible government is that exercised by all energetic and intelligent men, each in his sphere, regulating the inner will and secret ways of the people, essentially forming its character, and preparing its fate. Visible governments are the toys of some nations, the diseases of others, the harness of some, the burdens of the more, the necessity of all. Sometimes their career is quite distinct from that of the people, and to write it, as the national history, is as if one should number the accidents which befall a man's weapons and wardrobe, and call the list his biography. Nevertheless a truly noble and wise nation necessarily has a noble and wise visible government, for its wisdom issues in that conclusively. "Not out of the oak, nor out of the rock, but out of the temper of man, is his polity:" where the temper inclines, it inclines as Samson by his pillar, and draws all down with it.
Visible governments are, in their agencies, capable of three pure forms, and of no more than three.
They are either monarchies, where the authority is vested in one person; oligarchies, when it is vested in a minority; or democracies, when vested in a majority.
But these three forms are not only, in practice, variously limited and combined, but capable of infinite difference in character and use, receiving specific names according to their variations; which names, being nowise agreed upon, nor consistently used, either in thought or writing, no man can at present tell, in speaking of any kind of government, whether he is understood, nor in hearing whether he understands. Thus we usually call a just government by one person a monarchy, and an unjust or cruel one, a tyranny; this might be reasonable if it had reference to the divinity of true government; but to limit the term "oligarchy" to government by a few rich people, and to call government by a few wise or noble people "aristocracies," is evidently absurd, unless it were proved that rich people never could be wise, or noble people rich; and farther absurd because there are other distinctions in character, as well as riches or wisdom (greater purity of race, or strength of purpose, for instance), which may give the power of government to the few. So that if we had to give names to every group or kind of minority, we should have verbiage enough. But there is one right name—"oligarchy."
So also the terms "republic" and "democracy" are confused, especially in modern use; and both of them are liable to every sort of misconception. A republic means, properly, a polity in which the state, with its all, is at every man's service, and every man, with his all, at the state's service (people are apt to lose sight of the last condition); but its government may nevertheless be oligarchic (consular, or decemviral, for instance), or monarchic (dictatorial). But a democracy means a state in which the government rests directly with the majority of the citizens. And both these conditions have been judged only by such accidents and aspects of them as each of us has had experience of; and sometimes both have been confused with anarchy, as it is the fashion at present to talk of the "failure of republican institutions in America," when there has never yet been in America any such thing as an institution; neither any such thing as a res-publica, but only a multitudinous res-privata; every man for himself. It is not republicanism which fails now in America; it is your model science of political economy, brought to its perfect practice. There you may see competition, and the "law of demand and supply" (especially in paper), in beautiful and unhindered operation.112 Lust of wealth, and trust in it; vulgar faith in magnitude and multitude, instead of nobleness; besides that faith natural to backwoodsmen,—"lucum ligna,"—perpetual self-contemplation, issuing in passionate vanity: total ignorance of the finer and higher arts, and of all that they teach and bestow;113 and the discontent of energetic minds unoccupied, frantic with hope of uncomprehended change, and progress they know not whither;114 these are the things that they have "failed" with in America; and yet not altogether failed—it is not collapse, but collision; the greatest railroad accident on record, with fire caught from the furnace, and Catiline's quenching "non aquá, sed ruinâ." But I see not, in any of our talk of them, justice enough done to their erratic strength of purpose, nor any estimate taken of the strength of endurance of domestic sorrow in what their women and children suppose a righteous cause. And out of that endurance and suffering, its own fruit will be born with time; and Carlyle's prophecy of them (June, 1850), as it has now come true in the first clause, will in the last.
America too will find that caucuses, division-lists, stump-oratory and speeches to Buncombe will not carry men to the immortal gods; that the Washington Congress, and constitutional battle of Kilkenny cats is, there as here, naught for such objects; quite incompetent for such; and, in fine, that said sublime constitutional arrangement will require to be (with terrible throes, and travail such as few expect yet) remodelled, abridged, extended, suppressed; torn asunder, put together again;—not without heroic labour, and effort quite other than that of the Stump-Orator and the Revival Preacher, one day!
Understand, then, once for all, that no form of government, provided it be a government at all, is, as such, either to be condemned or praised, or contested for in anywise but by fools. But all forms of government are good just so far as they attain this one vital necessity of policy—that the wise and kind, few or many, shall govern the unwise and unkind; and they are evil so far as they miss of this or reverse it. Nor does the form in any case signify one whit, but its firmness and adaptation to the need; for if there be many foolish persons in a state, and few wise, then it is good that the few govern; and if there be many wise and few foolish, then it is good that many govern; and if many be wise, yet one wiser, then it is good that one should govern; and so on. Thus, we may have "the ants' republic, and the realm of bees," both good in their kind; one for groping, and the other for building; and nobler still, for flying, the Ducal monarchy of those
"Intelligent of seasons, that set forthThe aery caravan, high over seas."Nor need we want examples, among the inferior creatures, of dissoluteness, as well as resoluteness in, government. I once saw democracy finely illustrated by the beetles of North Switzerland, who, by universal suffrage, and elytric acclamation, one May twilight, carried it that they would fly over the Lake of Zug; and flew short, to the great disfigurement of the Lake of Zug—"Κανθάρου λιμήν—over some leagues square, and to the close of the Cockchafer democracy for that year. The old fable of the frogs and the stork finely touches one form of tyranny; but truth will touch it more nearly than fable, for tyranny is not complete when it is only over the idle, but when it is over the laborious and the blind. This description of pelicans and climbing perch which I find quoted in one of our popular natural histories, out of Sir Emerson Tennent's "Ceylon," comes as near as may be to the true image of the thing:—
Heavy rains came on, and as we stood on the high ground, we observed a pelican on the margin of the shallow pool gorging himself; our people went towards him, and raised a cry of "Fish! fish!" We hurried down, and found numbers of fish struggling upward through the grass, in the rills formed by the trickling of the rain. There was scarcely water to cover them, but nevertheless they made rapid progress up the bank, on which our followers collected about two baskets of them. They were forcing their way up the knoll, and had they not been interrupted, first by the pelican, and afterwards by ourselves, they would in a few minutes have gained the highest point, and descended on the other side into a pool which formed another portion of the tank. In going this distance, however, they must have used muscular exertion enough to have taken them half a mile on level ground; for at these places all the cattle and wild animals of the neighbourhood had latterly come to drink, so that the surface was everywhere indented with footmarks, in addition to the cracks in the surrounding baked mud, into which the fish tumbled in their progress. In those holes which were deep, and the sides perpendicular, they remained to die, and were carried off by kites and crows.
But whether governments be bad or good, one general disadvantage seems to attach to them in modern times—that they are all costly. This, however, is not essentially the fault of the governments. If nations choose to play at war, they will always find their governments willing to lead the game, and soon coming under that term of Aristophanes, "κάπηλοι ἀσπίδων," shield-sellers. And when (πῆμ’ ἐπὶπήματι) the shields take the form of iron ships, with apparatus "for defence against liquid fire"—as I see by latest accounts they are now arranging the decks in English dockyards,—they become costly biers enough for the grey convoy of chief-mourner waves, wreathed with funereal foam, to bear back the dead upon; the massy shoulders of those corpse-bearers being intended for quite other work, and to bear the living, if we would let them.
Nor have we the least right to complain of our governments being expensive so long as we set the government to do precisely the work which brings no return. If our present doctrines of political economy be just, let us trust them to the utmost; take that war business out of the government's hands, and test therein the principles of supply and demand. Let our future sieges of Sebastopol be done by contract—no capture, no pay—(I am prepared to admit that things might go better so); and let us sell the commands of our prospective battles, with our vicarages, to the lowest bidder; so may we have cheap victories and divinity. On the other hand, if we have so much suspicion of our science that we dare not trust it on military or spiritual business, it would be but reasonable to try whether some authoritative handling may not prosper in matters utilitarian. If we were to set our governments to do useful things instead of mischievous, possibly even the apparatus might in time come to be less costly! The machine, applied to the building of the house, might perhaps pay, when it seems not to pay, applied to pulling it down. If we made in our dockyards ships to carry timber and coals, instead of cannon, and with provision for brightening of domestic solid culinary fire, instead of for the averting of hostile liquid fire, it might have some effect on the taxes? Or if the iron bottoms were to bring us home nothing better than ivory and peacocks, instead of martial glory, we might at least have gayer suppers, and doors of the right material for dreams after them. Or suppose that we tried the experiment on land instead of water carriage; already the government, not unapproved, carries letters and parcels for us; larger packages may in time follow:—parcels;—even general merchandise? Why not, at last, ourselves? Had the money spent in local mistakes and vain private litigation, on the railroads of England, been laid out, instead, under proper government restraint, on really useful railroad work, and had no absurd expense been incurred in ornamenting stations, we might already have had,—what ultimately will be found we must have,—quadruple rails, two for passengers, and two for traffic, on every great line; and we might have been carried in swift safety, and watched and warded by well-paid pointsmen, for half the present fares. "ὧ Δημίδιον, ὁρᾁς τὰ λαγῳ’ ἅ σοι φέρω?" Suppose it should turn out, finally, that a true government set to true work, instead of being a costly engine, was a paying one? that your government, rightly organized, instead of itself subsisting by an income tax, would produce its subjects some subsistence in the shape of an income dividend!—police and judges duly paid besides, only with less work than the state at present provides for them.
A true government set to true work!—Not easily imagined, still less obtained, but not beyond human hope or ingenuity. Only you will have to alter your election systems somewhat, first. Not by universal suffrage, nor by votes purchasable with beer, is such government to be had. That is to say, not by universal equal suffrage. Every man upwards of twenty, who had been convicted of no legal crime, should have his say in this matter; but afterwards a louder voice, as he grows older, and approves himself wiser. If he has one vote at twenty, he should have two at thirty, four at forty, and ten at fifty. For every one vote which he has with an income of a hundred a year, he should have ten with an income of a thousand (provided you first see to it that wealth is, as nature intended it to be, the reward of sagacity and industry,—not of good luck in a scramble or a lottery.) For every one vote which he had as subordinate in any business, he should have two when he became a master; and every office and authority nationally bestowed, inferring trustworthiness and intellect, should have its known proportional number of votes attached to it. But into the detail and working of a true system in these matters we cannot now enter; we are concerned as yet with definitions only, and statements of first principles, which will be established now sufficiently for our purposes when we have examined the nature of that form of government last on the list in the previous paper,—the purely "Magistral," exciting at present its full share of public notice, under its ambiguous title of "slavery."
I have not, however, been able to ascertain in definite terms, from the declaimers against slavery, what they understand by it. If they mean only the imprisonment or compulsion being in many cases highly expedient, slavery, so defined, would be no evil in itself, but only in its abuse; that is, when men are slaves, who should not be, or masters, who should not be, or under conditions which should not be. It is not, for instance, a necessary condition of slavery, nor a desirable one, that parents should be separated from children, or husbands from wives; but the institution of war, against which people declaim with less violence, effects such separations—not unfrequently in a higher permanent manner. To press a sailor, seize a white youth by conscription for a soldier, or carry off a black one for a labourer, may all be right, or all wrong, according to needs and circumstances. It is wrong to scourge a man unnecessarily. So it is to shoot him. Both must be done on occasion; and it is better and kinder to flog a man to his work, than to leave him idle till he robs, and flog him afterwards. The essential thing for all creatures is to be made to do right; how they are made to do it—by pleasant promises, or hard necessities, pathetic oratory, or the whip, is comparatively immaterial. To be deceived is perhaps as incompatible with human dignity as to be whipped, and I suspect the last instrument to be not the worst, for the help of many individuals. The Jewish nation throve under it, in the hand of a monarch reputed not unwise; it is only the change of whip for scorpion which is expedient, and yet that change is as likely to come to pass on the side of licence as of law; for the true scorpion whips are those of the nation's pleasant vices, which are to it as St. John's locusts—crown on the head, ravin in the mouth, and sting in the tail. If it will not bear the rule of Athena and her brother, who shepherd without smiting (οὐ πληγῇ νέμοντες), Athena at last calls no more in the corners of the streets; and then follows the rule of Tisiphone, who smites without shepherding.