Miscellaneous Writings and Speeches — Volume 2

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 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 nature, the desire to possess unlimited power of inflicting pain upon others. That they do not pass such a law, though they have the power to pass it, and that no man in England wishes to see such a law passed, proves that the desire to possess unlimited power of inflicting pain is not inseparable from human nature.

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

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

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

"The qualification," says he, "must either be such as to embrace the majority of the population, or something less than the majority. Suppose, in the first place, that it embraces the majority, the question is, whether the majority would have an interest in oppressing those who, upon this supposition, would be deprived of political power? If we reduce the calculation to its elements, we shall see that the interest which they would have of this deplorable kind, though it would be something, would not be very great. Each man of the majority, if the majority were constituted the governing body, would have something less than the benefit of oppressing a single man. If the majority were twice as great as the minority, each man of the majority would only have one half the benefit of oppressing a single man...Suppose in the second place, that the qualification did not admit a body of electors so large as the majority, in that case, taking again the calculation in its elements, we shall see that each man would have a benefit equal to that derived from the oppression of more than one man; and that, in proportion as the elective body constituted a smaller and smaller minority, the benefit of misrule to the elective body would be increased, and bad government would be insured."

The first remark which we have to make on this argument is, that, by Mr Mill's own account, even a government in which every human being should vote would still be defective. For, under a system of universal suffrage, the majority of the electors return the representative, and the majority of the representatives make the law. The whole people may vote, therefore; but only the majority govern. So that, by Mr Mill's own confession, the most perfect system of government conceivable is one in which the interest of the ruling body to oppress, though not great, is something.

But is Mr Mill in the right when he says that such an interest could not be very great? We think not. If, indeed, every man in the community possessed an equal share of what Mr Mill calls the objects of desire, the majority would probably abstain from plundering the minority. A large minority would offer a vigorous resistance; and the property of a small minority would not repay the other members of the community for the trouble of dividing it. But it happens that in all civilised communities there is a small minority of rich men, and a great majority of poor men. If there were a thousand men with ten pounds apiece, it would not be worth while for nine hundred and ninety of them to rob ten, and it would be a bold attempt for six hundred of them to rob four hundred. But, if ten of them had a hundred thousand pounds apiece, the case would be very different. There would then be much to be got, and nothing to be feared.

"That one human being will desire to render the person and property of another subservient to his pleasures, notwithstanding the pain or loss of pleasure which it may occasion to that other individual, is," according to Mr Mill, "the foundation of government." That the property of the rich minority can be made subservient to the pleasures of the poor majority will scarcely be denied. But Mr Mill proposes to give the poor majority power over the rich minority. Is it possible to doubt to what, on his own principles, such an arrangement must lead?

It may perhaps be said that, in the long run, it is for the interest of the people that property should be secure, and that therefore they will respect it. We answer thus:—It cannot be pretended that it is not for the immediate interest of the people to plunder the rich. Therefore, even if it were quite certain that, in the long run, the people would, as a body, lose by doing so, it would not necessarily follow that the fear of remote ill consequences would overcome the desire of immediate acquisitions. Every individual might flatter himself that the punishment would not fall on him. Mr Mill himself tells us, in his Essay on Jurisprudence, that no quantity of evil which is remote and uncertain will suffice to prevent crime.

But we are rather inclined to think that it would, on the whole, be for the interest of the majority to plunder the rich. If so, the Utilitarians will say, that the rich OUGHT to be plundered. We deny the inference. For, in the first place, if the object of government be the greatest happiness of the greatest number, the intensity of the suffering which a measure inflicts must be taken into consideration, as well as the number of the sufferers. In the next place, we have to notice one most important distinction which Mr Mill has altogether overlooked. Throughout his essay, he confounds the community with the species. He talks of the greatest happiness of the greatest number: but, when we examine his reasonings, we find that he thinks only of the greatest number of a single generation.