FOOTNOTES:

FOOTNOTES:[32]Life of Macaulay, p. 114. (Popular Edition).[33]Canning'sPolitical Correspondence, i. 71-76.[34]12th December 1826.[35]Bentham'sWorks, v. p. 370.[36]Romilly's attempts to improve the criminal law began in 1808. For various notices of his efforts, see hisLife(3 vols. 1860), especially vol. ii. 243-54, 309, 321, 331, 369, 371, 389-91. Romilly was deeply interested in Dumont'sThéorie des Peines Légales(1811), which he read inms.and tried to get reviewed in theQuarterly(ii. 258, 391; iii. 136). The remarks (ii. 2-3) on the 'stupid dread of innovation' and the savage spirit infused into Englishmen by the horrors of the French revolution are worth notice in this connection.[37]Bentham'sWorks, x. p. 574.[38]Brougham'sSpeeches(1838), ii. 287-486.[39]An interesting summary of the progress of law reforms and of Bentham's share in them is given in Sir R. K. Wilson'sHistory of Modern English Law(1875).[40]Bentham'sWorks, x. 571.[41]In Cambridge Pryme was the first professor in 1828, but had only the title without endowment. The professorship was only salaried in 1863.[42]Ricardo'sWorks(1888), p. 407.[43]Printed in Porter'sProgress of the Nationand elsewhere.[44]See sixth volume ofHistory of Pricesby Tooke and Newmarch, and privately printedMinutes of Political Economy Club(1882).[45]Speeches, 3 vols. 8vo, 1831.[46]Ibid.ii. 465-530.[47]Ibid.ii. 477.[48]Bentham'sWorks, ii. 459. We may remember how J. S. Mill in his boyhood was abashed because he could not explain to his father the force of the distinction.[49]Speeches, ii. 246, 332.[50]Ibid.i. 102-108 (Currency Pamphlet of 1810).[51]Ibid.ii. 397.[52]Speeches, iii. 257.[53]Ricardo indeed made a reservation as to the necessity of counterbalancing by a moderate duty the special burthens upon agriculture.[54]In theHistory of Trades-Unionismby Sidney and Beatrice Webb (1894), pp. 88-98. The history of Place's agitation is fully given in Mr. Graham Wallas'sLife, chap. viii.[55]Wallas's FrancisPlace, p. 217.[56]First published in 1807-8.[57]Letteriii.[58]Ibid.vi.[59]Sydney Smith put very ingeniously the advantages of what he called the 'lottery' system: of giving, that is, a few great prizes, instead of equalising the incomes of the clergy. Things look so different from opposite points of views.[60]Church of Englandism, ii. 199.[61]See especially his review of Southey'sBook of the Church.[62]Romilly'sMemoirs, iii. 33.[63]57 Georgeiii.caps. 60-67.[64]Edition of 1828, p. 24.[65]Ibid.p. 10.[66]A Mr. Gray proposed at a county meeting in 1816 that the cry of 'retrenchment and reform' should be raised in every corner of the island (Henry Jephson'sPlatform, p. 378). I do not know whether this was the first appearance of the formula.[67]Hume had been introduced to Place by James Mill, who thought him worth 'nursing.' Place found him at first 'dull and selfish,' but 'nursed him' so well that by 1836 he had become the 'man of men,'—Wallas'sFrancis Place, p. 181, 182.[68]Torrens'sLife of Graham, i. 250-72, where his great speech of 14th May 1830 is given.[69]2 and 3 Williamiv.cap. 111 (passed 15 August 1832).[70]4 and 5 Williamiv.cap. 15.[71]The Platform, its Origin and Progress, by Henry Jephson (1892), gives a very interesting historical account of the process.[72]57 Georgeiii.cap. 19, and 60 Georgeiii.cap. 6.[73]See Jephson'sPlatform, pp. 167-70.[74]See Jephson'sPlatform, i. 348, 455, 517.[75]SeeIbid.ii. 129-40 for some interesting passages as to this.[76]Official Correspondence(1887), 308.[77]Greville'sGeorge IV. and William IV., iii. 155, 167-69, 171.[78]Bentham'sWorks, x. 571.[79]Romilly'sMemoirs, ii. 67, 222.

[32]Life of Macaulay, p. 114. (Popular Edition).

[33]Canning'sPolitical Correspondence, i. 71-76.

[34]12th December 1826.

[35]Bentham'sWorks, v. p. 370.

[36]Romilly's attempts to improve the criminal law began in 1808. For various notices of his efforts, see hisLife(3 vols. 1860), especially vol. ii. 243-54, 309, 321, 331, 369, 371, 389-91. Romilly was deeply interested in Dumont'sThéorie des Peines Légales(1811), which he read inms.and tried to get reviewed in theQuarterly(ii. 258, 391; iii. 136). The remarks (ii. 2-3) on the 'stupid dread of innovation' and the savage spirit infused into Englishmen by the horrors of the French revolution are worth notice in this connection.

[37]Bentham'sWorks, x. p. 574.

[38]Brougham'sSpeeches(1838), ii. 287-486.

[39]An interesting summary of the progress of law reforms and of Bentham's share in them is given in Sir R. K. Wilson'sHistory of Modern English Law(1875).

[40]Bentham'sWorks, x. 571.

[41]In Cambridge Pryme was the first professor in 1828, but had only the title without endowment. The professorship was only salaried in 1863.

[42]Ricardo'sWorks(1888), p. 407.

[43]Printed in Porter'sProgress of the Nationand elsewhere.

[44]See sixth volume ofHistory of Pricesby Tooke and Newmarch, and privately printedMinutes of Political Economy Club(1882).

[45]Speeches, 3 vols. 8vo, 1831.

[46]Ibid.ii. 465-530.

[47]Ibid.ii. 477.

[48]Bentham'sWorks, ii. 459. We may remember how J. S. Mill in his boyhood was abashed because he could not explain to his father the force of the distinction.

[49]Speeches, ii. 246, 332.

[50]Ibid.i. 102-108 (Currency Pamphlet of 1810).

[51]Ibid.ii. 397.

[52]Speeches, iii. 257.

[53]Ricardo indeed made a reservation as to the necessity of counterbalancing by a moderate duty the special burthens upon agriculture.

[54]In theHistory of Trades-Unionismby Sidney and Beatrice Webb (1894), pp. 88-98. The history of Place's agitation is fully given in Mr. Graham Wallas'sLife, chap. viii.

[55]Wallas's FrancisPlace, p. 217.

[56]First published in 1807-8.

[57]Letteriii.

[58]Ibid.vi.

[59]Sydney Smith put very ingeniously the advantages of what he called the 'lottery' system: of giving, that is, a few great prizes, instead of equalising the incomes of the clergy. Things look so different from opposite points of views.

[60]Church of Englandism, ii. 199.

[61]See especially his review of Southey'sBook of the Church.

[62]Romilly'sMemoirs, iii. 33.

[63]57 Georgeiii.caps. 60-67.

[64]Edition of 1828, p. 24.

[65]Ibid.p. 10.

[66]A Mr. Gray proposed at a county meeting in 1816 that the cry of 'retrenchment and reform' should be raised in every corner of the island (Henry Jephson'sPlatform, p. 378). I do not know whether this was the first appearance of the formula.

[67]Hume had been introduced to Place by James Mill, who thought him worth 'nursing.' Place found him at first 'dull and selfish,' but 'nursed him' so well that by 1836 he had become the 'man of men,'—Wallas'sFrancis Place, p. 181, 182.

[68]Torrens'sLife of Graham, i. 250-72, where his great speech of 14th May 1830 is given.

[69]2 and 3 Williamiv.cap. 111 (passed 15 August 1832).

[70]4 and 5 Williamiv.cap. 15.

[71]The Platform, its Origin and Progress, by Henry Jephson (1892), gives a very interesting historical account of the process.

[72]57 Georgeiii.cap. 19, and 60 Georgeiii.cap. 6.

[73]See Jephson'sPlatform, pp. 167-70.

[74]See Jephson'sPlatform, i. 348, 455, 517.

[75]SeeIbid.ii. 129-40 for some interesting passages as to this.

[76]Official Correspondence(1887), 308.

[77]Greville'sGeorge IV. and William IV., iii. 155, 167-69, 171.

[78]Bentham'sWorks, x. 571.

[79]Romilly'sMemoirs, ii. 67, 222.

POLITICAL THEORY

I. MILL ON GOVERNMENT

I now turn to the general political theory of which Mill was the authoritative exponent. TheEncyclopædiaarticle upon 'Government' (1820) gives the pith of their doctrine. It was, as Professor Bain[80]thinks, an 'impelling and a guiding force' in the movement which culminated in the Reform Bill. The younger Utilitarians regarded it, says J. S. Mill, as 'a masterpiece of political wisdom';[81]while Macaulay[82]taunts them for holding it to be 'perfect and unanswerable.' This famous article is a terse and energetic summary of the doctrine implied in Bentham'sWorks, but there obscured under elaboration of minute details. It is rather singular, indeed, that so vigorous a manifesto of Utilitarian dogma should have been accepted by Macvey Napier—a sound Whig—for a publication which professed scientific impartiality. It has, however, in the highest degree, the merits of clearness and condensation desirable in a popular exposition. The reticence appropriate to the place excuses the omission of certain implicit conclusions. Mill has to give a complete theory of politics in thirty-two 8vopages. He has scanty room for qualifying statement or historical illustration. He speaks as from the chair of a professor laying down the elementary principles of a demonstrated science.[83]

Mill starts from the sacred principle. The end of government, as the end of all conduct, must be the increase of human happiness. The province of government is limited by another consideration. It has to deal with one class of happiness, that is, with the pains and pleasures 'which men derive from one another.' By a 'law of nature' labour is requisite for procuring the means of happiness. Now, if 'nature' produced all that any man desired, there would be no need of government, for there would be no conflict of interest. But, as the material produced is finite, and can be appropriated by individuals, it becomes necessary to insure to every man his proper share. What, then, is a man's proper share? That which he himself produces; for, if you give to one man more than the produce of his labour, you must take away the produce of another man's labour. The greatest happiness, therefore, is produced by 'assuring to every man the greatest possible quantity of the produce of his own labour.' How can this be done? Will not the strongest take the share of the weakest? He can be prevented in one and apparently only in one way. Men must unite and delegate to a few the power necessary for protecting all. 'This is government.'[84]

The problem is now simple. Government is essentially an association of men for the protection of property. It is a delegation of the powers necessary for that purpose to the guardians, and 'all the difficult questions of government relate to the means' of preventing the guardians from themselves becoming plunderers.

How is this to be accomplished? The power of protection, says Mill, following the old theory, may be intrusted to the whole community, to a few, or to one; that is, we may have a democracy, an aristocracy, or a monarchy. A democracy, or direct government of all by all, is for the ordinary reasons pronounced impracticable. But the objections to the other systems are conclusive. The need of government, he has shown, depends upon 'the law of human nature'[85]that 'a man, if able, will take from others anything which they have and he desires.' The very principle which makes government necessary, therefore, will prompt a government to defeat its own proper end. Mill's doctrine is so far identical with the doctrine of Hobbes; men are naturally in a state of war, and government implies a tacit contract by which men confer upon a sovereign the power necessary for keeping the peace. But here, though admitting the force of Hobbes's argument, he diverges from its conclusion. If a democracy be impossible, and an aristocracy or monarchy necessarily oppressive, it might seem, he admits, as it actually seemed to Hobbes and to the French economists, that the fewer the oppressors the better, and that therefore an absolute monarchy is the best. Experience, he thinks, is 'on the surface' ambiguous. Eastern despotsand Roman emperors have been the worst scourges to mankind; yet the Danes preferred a despot to an aristocracy, and are as 'well governed as any people in Europe.' In Greece, democracy, in spite of its defects, produced the most brilliant results.[86]Hence, he argues, we must go 'beyond the surface,' and 'penetrate to the springs within.' The result of the search is discouraging. The hope of glutting the rulers is illusory. There is no 'point of saturation'[87]with the objects of desire, either for king or aristocracy. It is a 'grand governing law of human nature' that we desire such power as will make 'the persons and properties of human beings subservient to our pleasures.'[88]This desire is indefinitely great. To the number of men whom we would force into subservience, and the degree in which we would make them subservient, we can assign no limits. Moreover, as pain is a more powerful instrument for securing obedience than pleasure, a man will desire to possess 'unlimited power of inflicting pain upon others.' Will he also desire, it may be asked, to make use of it? The 'chain of inference,' he replies, in this case is close and strong 'to a most unusual degree.' A man desires the actions of others to be in correspondence with his own wishes. 'Terror' will be the 'grand instrument.'[89]It thus follows that the very principle upon which government is founded leads, in the absence of checks, 'not only to that degree of plunder which leaves the members (of a community) ... the bare means of subsistence, but to that degree of cruelty which is necessary to keep in existence the most intense terror.' An English gentleman, he says, is a favourable specimen of civilisation,and yet West Indian slavery shows of what cruelty he could be guilty when unchecked. If equal cruelty has not been exhibited elsewhere, it is, he seems to think, because men were not 'the same as sheep in respect to their shepherd,'[90]and may therefore resist if driven too far. The difficulty upon this showing is to understand how any government, except the most brutal tyranny, ever has been, or ever can be, possible. What is the combining principle which can weld together such a mass of hostile and mutually repellent atoms? How they can even form the necessary compact is difficult to understand, and the view seems to clash with his own avowed purpose. It is Mill's aim, as it was Bentham's, to secure the greatest happiness of the greatest number; and yet he seems to set out by proving as a 'law of human nature' that nobody can desire the happiness of any one except himself. He quotes from Montesquieu the saying, which shows an 'acute sense of this important truth,' 'that every one who has power is led to abuse it.'[91]Rather it would seem, according to Mill, all power implies abuse in its very essence. The problem seems to be how to make universal cohesion out of universal repulsion.

Mill has his remedy for this deeply seated evil. He attacks, as Bentham had already done, the old-fashioned theory, according to which the British Constitution was an admirable mixture of the three 'simple forms.' Two of the powers, he argues, will always agree to 'swallow up the third.'[92]'The monarchy and aristocracy have allpossible motives for endeavouring to obtain unlimited power over the persons and property of the community,' though the democracy, as he also says, has every possible motive for preventing them. And in England, as he no doubt meant his readers to understand, the monarchy and aristocracy had to a great extent succeeded. Where, then, are we to look? To the 'grand discovery of modern times,' namely, the representative system. If this does not solve all difficulties we shall be forced to the conclusion that good government is impossible. Fortunately, however, the representative system may be made perfectly effective. This follows easily. It would, as he has said,[93]be a 'contradiction in terms' to suppose that the community at large can 'have an interest opposite to its interest,' In the Bentham formula, it can have 'no sinister interest.' It cannot desire its own misery. Though the community cannot act as a whole, it can act through representatives. It is necessary to intrust power to a governing body; but that body can be prevented by adequate checks from misusing its powers. Indeed, the common theory of the British Constitution was precisely that the House of Commons was 'the checking body.'[94]The whole problem is to secure a body which shall effectively discharge the function thus attributed in theory to the House of Commons. That will be done when the body is chosen in such a way that its interests are necessarily coincident with those of the community at large. Hence there is of course no difficulty in deducing the actual demands of reformers. Without defining precise limits, he shows that representatives must be elected for brief periods, and that theright to a vote must at least be wide enough to prevent the electoral body from forming a class with 'sinister interests.' He makes some remarkable qualifications, with the view apparently of not startling his readers too much by absolute and impracticable claims. He thinks that the necessary identity of interest would still be secured if classes were unrepresented whose interests are 'indisputably included in those of others.' Children's interests are involved in those of their parents, and the interests of 'almost all women' in those of their fathers or husbands.[95]Again, all men under forty might be omitted without mischief, for 'the great majority of old men have sons whose interests they regard as an essential part of their own. This is a law of human nature.'[96]There would, he observes, be no danger that men above forty would try to reduce the 'rest of the community to the state of abject slaves.' Mill, as his son tells us,[97]disowned any intention of positively advocating these exclusions. He only meant to say that they were not condemned by his general principle. The doctrine, however, about women, even as thus understood, scandalised his younger followers.

Mill proceeds to argue at some length that a favourite scheme of some moderate reformers, for the representation of classes, could only lead to 'a motley aristocracy,' and then answers two objections. The first is that his scheme would lead to the abolition of the monarchy and the House of Lords. The reply is simple and significant. It would only lead to that result if a monarchy or a House of Lords were favourable to bad government. He does not inquire whether they are so in fact. The secondobjection is that the people do not understand their own interest, and to this his answer is more remarkable. If the doctrine be true, he says, we are in 'deplorable' position: we have to choose between evils which will be designedly produced by those who have both the power to oppress and an interest in oppression; and the evils which will be accidentally produced by men who would act well if they recognised their own interests.[98]Now the first evil is in any case the worst, for it supposes an 'invariable' evil; while in the other case, men may at least act well by accident. A governing class, that is with interests separate from those of the government,mustbe bad. If the interests be identical, the governmentmaybe bad. It will be bad if ignorant, but ignorance is curable. Here he appeals for once to a historical case. The priesthood at the Reformation argued on behalf of their own power from the danger that the people would make a bad use of the Bible. The Bible should therefore be kept for the sacred caste. They had, Mill thinks, a stronger case in appearance than the Tories, and yet the effect of allowing the people to judge for themselves in religious matters has been productive of good effects 'to a degree which has totally altered the condition of human nature.'[99]Why should not the people be trusted to judge for themselves in politics? This implies a doctrine which had great influence with the Utilitarians. In the remarkable essay upon 'Education,' which is contained in the volume of reprints, Mill discusses the doctrine of Helvétius that all the differences betweenmen are due to education. Without pronouncing positively upon the differences between individuals, Mill observes that, at any rate, the enormous difference between classes of men is wholly due to education.[100]He takes education, it must be observed, in the widest possible sense, as meaning what would now be called the whole action of the 'environment' upon the individual. This includes, as he shows at length, domestic education, all the vast influence exercised upon a child in his family, 'technical education,' by which he means the ordinary school teaching, 'social education,' that is the influences which we imbibe from the current opinions of our neighbours, and finally, 'political education,' which he calls the 'keystone of the arch.' The means, he argues, by which the 'grand objects of desire may be attained, depend almost wholly upon the political machine.'[101]If that 'machine' be so constituted as to make the grand objects of desire the 'natural prizes of just and virtuous conduct, of high services to mankind and of the generous and amiable sentiments from which great endeavours in the service of mankind naturally proceed, it is natural to see diffused among mankind a generous ardour in the acquisition of those admirable qualities which prepare a man for admirable action, great intelligence, perfect self-command, and over-ruling benevolence.' The contrary will be the case where the political machine prompts to the flattery of a small ruling body.

This characteristic passage betrays an enthusiasm which really burned under Mill's stern outside. He confines himself habitually to the forms of severe logic, and scorns anything like an appeal to sentiment. The trammels of hisscientific manner impede his utterance a little, even when he is speaking with unwonted fervour. Yet the prosaic Utilitarian who has been laying down as a universal law that the strong will always plunder the weak, and that all rulers will reduce their subjects to abject slavery, is absolutely convinced, it seems, of the possibility of somehow transmuting selfishness into public spirit, justice, generosity, and devotion to truth. Equally characteristic is the faith in the 'political machine.' Mill speaks as if somebody had 'discovered' the representative system as Watt (more or less) discovered the steam-engine; that to 'discover' the system is the same thing as to set it to work; and that, once at work, it will be omnipotent. He is not less certain that a good constitution will make men virtuous, than was Bentham that he could grind rogues honest by the Panopticon. The indefinite modifiability of character was the ground upon which the Utilitarians based their hopes of progress; and it was connected in their minds with the doctrine of which his essay upon education is a continuous application. The theory of 'association of ideas' appeared to him to be of the utmost importance in education and in politics, because it implied almost unlimited possibilities of moulding human beings to fit them for a new order. In politics this implied, as J. S. Mill says,[102]'unbounded confidence' in the influence of 'reason.' Teach the people and let them vote freely, and everything would follow.

This gives Mill's answer to one obvious objection. The Conservative who answered him by dwelling upon the ignorance of the lower classes was in some respectspreaching to a convert. Nobody was more convinced than Mill of the depths of popular ignorance or, indeed, of the stupidity of mankind in general. The labourers who cheered Orator Hunt at Peterloo were dull enough; but so were the peers who cheered Eldon in the House of Lords; and the labourers at least desired general prosperity, while the peers were content if their own rents were kept up. With general education, however, even the lower orders of the people would be fit for power, especially when we take into account one other remarkable conclusion. The 'wise and good,' he says, 'in any class of men do, for all general purposes, govern the rest.'[103]Now, the class in which wisdom and virtue are commonest is not the aristocracy, but the middle rank. Another truth follows 'from the principles of human nature in general.' That is the rather surprising truth that the lower orders take their opinions from the middle class; apply to the middle class for help in sickness and old age; hold up the same class as a model to be imitated by their children, and 'account it an honour' to adopt its opinions. Consequently, however far the franchise were extended, it is this class which has produced the most distinguished ornaments of art, science, and even of legislation, which will ultimately decide upon political questions. 'The great majority of the people,' is his concluding sentence, 'never cease to be guided by that rank; and we may with some confidence challenge the adversaries of the people to produce a single instance to the contrary in the history of the world.'

This article upon 'Government' gives the very essence of Utilitarian politics. I am afraid that it also suggeststhat the political theory was chiefly remarkable for a simple-minded audacity. Good political treatises are rare. They are apt to be pamphlets in disguise, using 'general principles' for showy perorations, or to be a string of platitudes with no definite application to facts. They are fit only for the platform, or only for the professor's lecture-room. Mill's treatise, according to his most famous antagonist, was a mere bundle of pretentious sophistry.

Macaulay came forth like a Whig David to slay the Utilitarian Goliath. TheEncyclopædiaarticles, finished in 1824, were already in 1825,[104]as Mill says, text-books of the young men at the Cambridge Union. Macaulay, who won his Trinity fellowship in 1824, had there argued the questions with his friend Charles Austin, one of Bentham's neophytes. In the next year Macaulay made his first appearance as an Edinburgh Reviewer; and in 1829 he took the field against Mill. In the January number he attacked the essay upon 'Government'; and in two articles in the succeeding numbers of theReviewreplied to a defence made by some Utilitarian in theWestminster. Mill himself made no direct reply; and Macaulay showed his gratitude for Mill's generosity in regard to the Indian appointment by declining to republish the articles.[105]He confessed to have treated his opponent with a want of proper respect, though he retracted none of his criticisms. The offence had its excuses. Macaulay was a man under thirty, in the full flush of early success; nor was Mill's own treatment of antagonists conciliatory. The dogmatic arrogance ofthe Utilitarians was not unnaturally met by an equally arrogant countercheck. Macaulay ridicules the Utilitarians for their claim to be the defenders of the true political faith. He is afraid not of them but of the 'discredit of their alliance'; he wishes to draw a broad line between judicious reformers and a 'sect which having derived all its influence from the countenance which they imprudently bestowed upon it, hates them with the deadly hatred of ingratitude.' No party, he says, was ever so unpopular. It had already disgusted people with political economy; and would disgust them with parliamentary reform, if it could associate itself in public opinion with the cause[106]. This was indeed to turn the tables. The half-hearted disciple was insulting the thoroughbred teacher who had borne the heat and burthen of the day, and from whom he had learned his own doctrine. Upon this and other impertinences—the assertion, for example, that Utilitarians were as incapable of understanding an argument as any 'true blue baronet after the third bottle at a Pitt Club'—it is needless to dwell. They illustrate, however, the strong resentment with which the Utilitarians were regarded by the classes from whom the Whigs drew their most cultivated supporters. Macaulay's line of argument will show what was the real conflict of theory.

His view is, in fact, a long amplification of the charge that Mill was adopting a purelya priorimethod. Mill's style is as dry as Euclid, and his arguments are presented with an affectation of logical precision. Mill has inherited the 'spirit and style of the Schoolmen. He is an Aristotelian of the fifteenth century.' He writes aboutgovernment as though he was unaware that any actual governments had ever existed. He deduces his science from a single assumption of certain 'propensities of human nature.'[107]After dealing with Mill's arguments, Macaulay winds up with one of his characteristic purple patches about the method of induction. He invokes the authority of Bacon—a great name with which in those days writers conjured without a very precise consideration of its true significance. By Bacon's method we are to construct in time the 'noble science of politics,' which is equally removed from the barren theories of Utilitarian sophists and the petty craft of intriguing jobbers. The Utilitarians are schoolmen, while the Whigs are the true followers of Bacon and scientific induction. J. S. Mill admitted within certain limits the relevancy of this criticism, and was led by the reflections which it started to a theory of his own. Meanwhile, he observes that his father ought to have justified himself by declaring that the book was not a 'scientific treatise on politics,' but an 'argument for parliamentary reform.'[108]It is not quite easy to see how James Mill could have made such a 'justification' and distinguished it from a recantation.

If Mill really meant what Macaulay took him to mean, it would be superfluous to argue the question gravely. The reasoning is only fit, like the reasoning of all Macaulay's antagonists, for the proverbial schoolboy. Mill, according to Macaulay, proposes to discover what governments are good; and, finding that experience gives no clear answer, throws experience aside and appeals to absolute laws of human nature. One such 'law' asserts that the strong will plunder the weak. Thereforeall governments except the representative must be oppressive, and rule by sheer terror. Mill's very reason for relying upon this argument is precisely that the facts contradict it. Some despotisms work well, and some democracies ill; therefore we must prove by logic that all despotisms are bad, and all democracies good. Is this really Mill's case?

An answer given by Mill's champion, to which Macaulay replies in his last article, suggests some explanation of Mill's position. Macaulay had paid no attention to one highly important phrase. The terrible consequences which Mill deduces from the selfishness of rulers will follow, he says, 'if nothing checks.'[109]Supplying this qualification, as implied throughout, we may give a better meaning to Mill's argument. A simple observation of experience is insufficient. The phenomena are too complex; governments of the most varying kinds have shown the same faults; and governments of the same kind have shown them in the most various degrees. Therefore the method which Macaulay suggests is inapplicable. We should reason about government, says Macaulay,[110]as Bacon told us to reason about heat. Find all the circumstances in which hot bodies agree, and you will determine the principle of heat. Find all the circumstances in which good governments agree, and you will find the principles of good government. Certainly; but the process, as Macaulay admits, would be a long one. Rather, it would be endless. What 'circumstances' can be the same in all good governments in all times and places? Mill held in substance, that we could lay down certain broadprinciples about human nature, the existence of which is of course known from 'experience', and by showing how they would work, if restrained by no distinct checks, obtain certain useful conclusions. Mill indicates this line of reply in his own attack upon Mackintosh.[111]There he explains that what he really meant was to set forth a principle recognised by Berkeley, Hume, Blackstone, and, especially, in Plato'sRepublic. Plato's treatise is a development of the principle that 'identity of interests affords the only security for good government.' Without such identity of interest, said Plato, the guardians of the flock become wolves. Hume[112]had given a pithy expression of the same view in the maxim 'established,' as he says, 'by political writers,' that in framing the 'checks and controls of the constitution, every man ought to be supposed a knave and to have no other end in his actions than private interest.' Mill points this by referring to the 'organs of aristocratical opinion' for the last fifty years. The incessant appeal has been for 'confidence in public men,' and confidence is another name for scope for misrule.[113]This, he explains, was what he meant by the statement (which Mackintosh considered to have been exploded by Macaulay) that every man pursued his own interest.[114]It referred to the class legislation of the great aristocratic ring: kings, nobles, church, law, and army. Utilitarianism, in its political relations, was one continuous warfare against these sinister 'interests,' The master-evil of the contemporary political state undoubtedly implied a want of responsibility. A political trust was habituallyconfounded with private property. Moreover, whatever else may be essential to good government, one essential is a strong sense of responsibility in the governors. That is a very sound principle, though not an axiom from which all political science can be deduced. If the essay on 'Government' was really meant as a kind of political Euclid—as a deduction of the best system of government from this single principle of responsibility—it was as grotesque as Macaulay asserted. Mill might perhaps have met the criticism by lowering his claims as his son suggests. He certainly managed to express his argument in such terms that it has an uncomfortable appearance of being intended for a scientific exposition.

This deserves notice because the position is characteristic of the Utilitarians' method. Their appeals to experience always end by absolute assertions. We shall find the same difficulty in their economic inquiries. When accused, for example, of laying down absolute principles in such cases, they reply that they are only speaking of 'tendencies,' and recognise the existence of 'checks.' They treat of what would be, if certain forces acted without limit, as a necessary step towards discovering what is when the limits exist. They appear to their opponents to forget the limits in their practical conclusions. This political argument is an instance of the same method. The genesis of his theory is plain. Mill's 'government,' like Bentham's, is simply the conception of legal 'sovereignty' transferred to the sphere of politics. Mill's exposition is only distinguished from his master's by the clearness with which he brings out the underlying assumptions. The legal sovereign is omnipotent, for what he declares to be the law is therefore the law.The law is his commands enforced by 'sanctions,' and therefore by organised force. The motives for obedience are the fear of the gallows on one side, and, on the other, the desire of protection for life and property. Law, again, is the ultimate social bond, and can be made at will by the sovereign. He thus becomes so omnipotent that it is virtually assumed that he can even create himself. Not only can the sovereign, once constituted, give commands enforced by coercive sanctions upon any kind of conduct, but he can determine his own constitution. He can at once, for example, create a representative system in practice, when it has been discovered in theory, and can by judicious regulations so distribute 'self-interest' as to produce philanthropy and public spirit. Macaulay's answer really makes a different assumption. He accepts the purely 'empirical' or 'rule of thumb' position. It is idle, he says, to ask what would happen if there were no 'checks.' It is like leaving out the effect of friction in a problem of mechanics. The logic may be correct, but the conclusions are false in practice.[115]Now this 'friction' was precisely the favourite expedient of the Utilitarians in political economy. To reason about facts, they say, you must analyse, and therefore provisionally disregard the 'checks,' which must be afterwards introduced in practical applications. Macaulay is really bidding us take 'experience' in the lump, and refrains from the only treatment which can lead to a scientific result. His argument, in fact, agrees with that of his famous essay on Bacon, where we learn that philosophy applied to moral questions is all nonsense, and that science is simply crude common-sense. He is really saying that all politicalreasoning is impossible, and that we must trust to unreasoned observation. Macaulay, indeed, has good grounds of criticism. He shows very forcibly the absurdity of transferring the legal to the political sovereignty. Parliament might, as he says, make a law that every gentleman with £2000 a year might flog a pauper with a cat-of-nine-tails whenever he pleased. But, as the first exercise of such a power would be the 'last day of the English aristocracy,' their power is strictly limited in fact.[116]That gives very clearly the difference between legal and political sovereignty. What parliament makes law is law, but is not therefore enforceable. We have to go behind the commands and sanctions before we understand what is the actual power of government. It is very far from omnipotent. Macaulay, seeing this, proceeds to throw aside Mill's argument against the possibility of a permanent division of power. Thede factolimitation of the sovereign's power justifies the old theory about 'mixed forms of government.' 'Mixed governments' are not impossible, for they are real. All governments are, in fact, 'mixed.' Louisxiv.could not cut off the head of any one whom he happened to dislike. An oriental despot is strictly bound by the religious prejudices of his subjects. If 'sovereignty' means such power it is a chimera in practice, or only realised approximately when, as in the case of negro slavery, a class is actually ruled by force in the hands of a really external power. And yet the attack upon 'mixed governments,' which Bentham had expounded in theFragment, has a real force which Macaulay seems to overlook. Mill's argument against a possible 'balance' of power was, asMacaulay asserted, equally applicable to the case of independent sovereigns; yet France might be stronger at Calais and England at Dover.[117]Mill might have replied that a state is a state precisely because, and in so far as, there is an agreement to recognise a common authority or sovereign. Government does not imply a 'mixture,' but a fusion of power. There is a unity, though not the abstract unity of the Utilitarian sovereign. The weakness of the Utilitarians is to speak as though the sovereign, being external to each individual, could therefore be regarded as external to the whole society. He rules as a strong nation may rule a weak dependency. When the sovereign becomes also the society, the power is regarded as equally absolute, though now applied to the desirable end of maximising happiness. The whole argument ignores the simple consideration that the sovereign is himself in all cases the product of the society over which he rules, and his whole action, even in the most despotic governments, determined throughout by organic instincts, explaining and not ultimately explicable by coercion. Macaulay's doctrine partially recognises this by falling back upon the Whig theory of checks and balances, and the mixture of three mysterious entities, monarchy, aristocracy, and democracy. But, as Bentham had sufficiently shown in theFragment, the theory becomes hopelessly unreal when we try to translate it into facts. There are not three separate forces, conflicting like three independent forces, but a complex set of social institutions bound together into a whole. It is impossible really to regard government as a permanent balance of antagonistic forces, confronting each otherlike the three duellists in Sheridan'sCritic. The practical result of that theory is to substitute for the 'greatest happiness' principle the vague criterion of the preservation of an equilibrium between indefinable forces; and to make the ultimate end of government the maintenance as long as possible of a balance resting on no ulterior principle, but undoubtedly pleasant for the comfortable classes. Nothing is left but the rough guesswork, which, if a fine name be wanted, may be called Baconian induction. The 'matchless constitution,' as Bentham calls it, represents a convenient compromise, and the tendency is to attach exaggerated importance to its ostensible terms. When Macaulay asserted against Mill[118]that it was impossible to say which element—monarchy, aristocracy, or democracy—had gained strength in England in the last century, he is obviously looking at the formulæ and not at the social body behind.

This leads to considerations really more important than the argumentation abouta prioriand inductive methods. Mill in practice knew very well the qualifications necessary before his principles applied. He showed it in his Indian evidence; and Place could have told him, had it required telling, that the actual political machinery worked by very strange and tortuous methods. Yet he was content to override such considerations when he is expounding his theory, and laid himself open to Macaulay's broad common-sense retort. The nation at large cannot, he says, have a 'sinister interest.' It must desire legislation which is beneficial to the whole. This is to make the vast assumption that every individual will desire what is good for all, and will be a sufficient judge of what is good.But is it clear that a majority will even desire what is good for the whole? May they not wish to sacrifice both other classes and coming generations to their own instantaneous advantages? Is it plain that even enlightenment of mind would induce a poor man to see his own advantage in the policy which would in the long run be best for the whole society? You are bound, said Macaulay, to show that the poor man will not believe that he personally would benefit by direct plunder of the rich; and indeed that he would not be right in so believing. The nation, no doubt, would suffer, but in the immediate period which alone is contemplated by a selfish pauper, the mass of the poor might get more pleasure out of confiscation. Will they not, on your own principles, proceed to confiscation? Shall we not have such a catastrophe as the reign of terror?

The Westminster Reviewer retorted by saying that Macaulay prophesied a reign of terror as a necessary consequence of an extended franchise. Macaulay, skilfully enough, protested against this interpretation. 'We say again and again,' he declares, 'that we are on the defensive. We do not think it necessary to prove that a quack medicine is poison. Let the vendor prove it to be sanative. We do not pretend to show that universal suffrage is an evil. Let its advocates show it to be a good.'[119]Mill rests his whole case upon the selfishness of mankind. Will not the selfishness lead the actual majority at a given moment to plunder the rich and to disregard the interests of their own successors?

Macaulay's declaration that he was only 'upon the defensive' might be justifiable in an advocate. His realthought may be inferred from a speech on the charter made in 1842. The chartists' petition of that year had asked for universal suffrage. Universal suffrage, he replies, would be incompatible with the 'institution of property.'[120]If the chartists acted upon their avowed principles, they would enforce 'one vast spoliation.' Macaulay could not say, of course, what would actually result, but his 'guess' was that we should see 'something more horrible than can be imagined—something like the siege of Jerusalem on a far larger scale.' The very best event he could anticipate—'and what must the state of things be, if an Englishman and a Whig calls such an event the very best?'—would be a military despotism, giving a 'sort of protection to a miserable wreck of all that immense glory and prosperity.'[121]So in the criticism of Mill he had suggested that if his opponent's principles were correct, and his scheme adopted, 'literature, science, commerce, manufactures' would be swept away, and that a 'few half-naked fishermen would divide with the owls and foxes the ruins of the greatest of European cities.'[122]

Carefully as Macaulay guards himself in his articles upon Mill, the speech shows sufficiently what was his 'guess'; that is, his real expectation. This gives the vital difference. What Macaulay professes to deduce from Mill's principles he really holds himself, and he holds it because he argues, as indeed everybody has to argue, pretty much on Mill's method. He does not really remain in the purely sceptical position which would correspond to his version of 'Baconian induction.' He argues, just as Mill would have argued, from generalrules about human nature. Selfish and ignorant people will, he thinks, be naturally inclined to plunder; therefore, if they have power, they will plunder. So Mill had argued that a selfish class would rule for its own sinister interests and therefore not for the happiness of the greatest number. The argument is the same, and it is the only line of argument which is possible till, if that should ever happen, a genuine science of politics shall have been constituted. The only question is whether it shall take the pomp ofa priorispeculation or conceal itself under a show of 'Baconian induction.'

On one point they agree. Both Mill and Macaulay profess unbounded confidence in the virtue and wisdom of the middle, that is, of their own class. Macaulay hopes for a reform bill which will make the votes of the House of Commons 'the express image of the opinion of the middle orders of Britain.'[123]Mill holds that the middle class will retain this moral authority, however widely the franchise be extended; while Macaulay fears that they will be swamped by its extension to the masses. The reform bill which they joined in supporting was regarded by the Radicals as a payment on account; while the Whig hoped that it would be a full and final discharge. The Radical held that no barriers against democracy were needed; he took for granted that a democracy would find its natural leaders in the educated and intelligent. The Whig, to whom such confidence appeared to be altogether misplaced, had to find some justification for the 'checks' and 'balances' which he thought essential.

II. WHIGGISM

I have spoken of Macaulay's articles because they represent the most pointed conflict between the Utilitarian and the Whig. Macaulay belongs properly to the next generation, but he appeared as the mouthpiece of the earlier group of writers who in Mill's time delivered through theEdinburgh Reviewthe true oracles of the Whig faith. Upon that ground Mill had assailed them in his article. Their creed, he said, was a 'see-saw.' The Whigs were aristocrats as much as the Tories. They were simply the 'outs' who hoped to be the 'ins.' They trimmed their sails to catch public opinion, but were careful not to drift into the true popular currents. They had no desire to limit the power which they hoped one day to possess. They would attack abuses—the slave-trade or the penal laws—to gain credit for liberality and enlightenment, when the abuses were such as could be removed without injuring the power of the aristocracy. They could use 'vague generalities' about liberty and so forth, but only to evade definite applications. When any measure was proposed which really threatened the power of the privileged classes, they could bring out a contradictory set of fine phrases about Jacobinism and democracy. Their whole argument was a shuffle and they themselves mere selfish trimmers.[124]To this Jeffrey replied (in December 1826) by accepting the position.[125]He pleaded guilty to a love of 'trimming,' which meant a love of the British Constitution. The constitution was a compromise—a balance of opposing forces—and theonly question could be whether they were properly balanced. The answer was fair enough. Mill was imputing motives too easily, and assuming that the Reviewers saw the abuses in the same light as he did, and were truckling to public robbers in hopes of sharing the plunder. He was breaking a butterfly upon a wheel. The Edinburgh Reviewers were not missionaries of a creed. They were a set of brilliant young men, to whom theReviewwas at first a mere pastime, occupying such leisure as was allowed by their professional pursuits. They were indeed men of liberal sympathies, intelligent and independent enough to hold by a party which was out of power. They had read Hume and Voltaire and Rousseau; they had sat at the feet of Dugald Stewart; and were in sympathy with intellectual liberalism. But they were men who meant to become judges, members of parliament, or even bishops. Nothing in their social atmosphere had stimulated the deep resentment against social injustice which makes the fanatic or the enthusiast. We may take as their interpreter the Whig philosopher James Mackintosh (1765-1832), a man of wide reading, both in history and philosophy, an eloquent orator, and a very able writer. Mackintosh, said Coleridge,[126]is the 'king of the men of talent'; by which was intimated that, as a man of talent, he was not, like some people, a man of genius. Mackintosh, that is, was a man to accept plausible formulæ and to make them more plausible; not a man to pierce to the heart of things, or reveal fruitful germs of thought. His intellect was judicial; given to compromises, affecting a judiciousvia media, and endeavouring to reconcile antagonistic tendencies.Thoroughgoing or one-sided thinkers, and Mill in particular, regarded him with excessive antipathy as a typical representative of the opposite intellectual tendencies. Mackintosh's political attitude is instructive. At the outbreak of the French revolution he was a struggling young Scot, seeking his fortune in London, just turning from medicine to the bar, and supporting himself partly by journalism. He became secretary to the Society of the 'Friends of the People,' the Whig rival of the revolutionary clubs, and in April 1791 sprang into fame by hisVindiciæ Gallicæ. The Whigs had not yet lost the fervour with which they had welcomed the downfall of the Bastille. Burke'sReflections, the work of a great thinker in a state of irritation bordering upon frenzy, had sounded the note of alarm. The revolution, as Burke maintained, was in fact the avatar of a diabolic power. It meant an attack upon the very organic principles of society. It therefore implied a complete breach of historical continuity, and a war against the reverence for 'prescription' and tradition which is essential to all healthy development. To his extreme opponents the same theory afforded the justification of the revolution. It meant that every institution was to be thrown into the crucible, and a new world to arise governed only by reason. The view very ably defended by Mackintosh was opposed to both. He looks upon the French revolution as a more complete application of the principles of Locke and the English Whigs of 1688. The revolutionists are, as he urges,[127]applying the principles which had been worked out by the 'philosophers of Europe' during the preceding century. They were not,as Burke urged, rejecting experience for theory. The relation between their doctrine and politics is analogous to the relation between geometry and mechanics.[128]We are now in the position of a people who should be familiar with Newton, but in shipbuilding be still on a level with the Esquimaux. The 'rights of man' appear to him to mean, not, as Burke and Bentham once agreed, a set of 'anarchical fallacies,' but a set of fundamental moral principles; and the declaration of them a most wise and 'auspicious' commencement of the 'regenerating labours' of the new legislators. The French revolution represented what Somers would now approve if he had our advantages.[129]A thoroughgoing change had become necessary in France. The church, army, and law were now 'incorrigible.'[130]Burke had seen, in the confiscation of church property, an attempt to abolish Christianity. To Mackintosh it seemed to be a reform justifiable in principle, which, though too roughly carried out, would reduce 'a servile and imperious priesthood to humble utility.'[131]A poor priesthood, indeed, might incline to popular superstition. We could console ourselves by reflecting that the power of the church, as a corporation, was broken, and that toleration and philosophy would restrain fanaticism.[132]The assignats were still 'almost at par.'[133]The sale of the national property would nearly extinguish the debt. France had 'renounced for ever the idea of conquest,'[134]and had notemptations to war, except her colonies. Their commercial inutility and political mischievousness had been so 'unanimously demonstrated,' that the French empire must soon be delivered from 'this cumbrous and destructive appendage.' An armed people, moreover, could never be used like a mercenary army to suppress liberty. There was no danger of military despotism, and France would hereafter seek for a pure glory by cultivating the arts of peace and extending the happiness of mankind.[135]

No wonder that Mackintosh, with these views, thought that the history of the fall of the Bastille would 'kindle in unborn millions the holy enthusiasm of freedom';[136]or that, in the early disorders, he saw temporary aberrations of mobs, destined to be speedily suppressed by the true leaders of the revolution. Mackintosh saw, I take it, about as far as most philosophers, that is, about as far as people who are not philosophers. He observes much that Burke ought to have remembered, and keeps fairly to the philosophical principle which he announces of attributing the revolution to general causes, and not to the schemes of individuals.[137]When assignats became waste paper, when the guillotine got to work, when the religion of reason was being set up against Christianity, when the French were conquering Europe, when a military despotism was arising, when, in short, it became quite clear that the French revolution meant something very different from a philosophical application of the principles of Locke and Adam Smith, Mackintosh began to see that Burke had not so far missed the mark. Burke, before dying, receivedhis penitent opponent at Beaconsfield; and in 1800 Mackintosh took the opportunity of publicly declaring that he 'abhorred, abjured, and for ever renounced the French revolution, with its sanguinary history, its abominable principles, and its ever execrable leaders.' He hoped to 'wipe off the disgrace of having been once betrayed into that abominable conspiracy against God and man.'[138]In his famous defence of Peltier (1803), he denounced the revolution in a passage which might have been adopted from Burke'sLetters on a Regicide Peace.[139]

In a remarkable letter to Windham[140]of 1806, Mackintosh gives his estimate of Burke, and takes some credit to himself for having discovered, even in the time of his youthful errors, the consistency of Burke's principles, as founded upon an abhorrence of 'abstract politics.'[141]Politics, he now thought, must be made scientific by recognising with Burke the supreme importance of prescription and historic continuity, and by admitting that the philosophers had not yet constructed a science bearing to practical politics the same relation as geometry to mechanics. He applied his theory to the question of parliamentary reform in theEdinburgh Review.[142]Here he accepts the doctrine, criticised by James Mill, that a proper representative system must be judged, not, as Mill maintained, solely by the identity of its interest with that of the community at large, but by its fitness to give power to different classes. It follows that the landowners, the professional classes, and the populace shouldall be represented. And he discovers that the variety of the English system was calculated to secure this end. Though it was only in a few constituencies that the poorest class had a voice, their vote in such places represented the same class elsewhere. It was as well that there should be some extreme Radicals to speak for the poorest. But he thinks that any uniform suffrage would be bad, and that universal suffrage would be the most mischievous of all systems.[143]That would mean the swamping of one class by all—a tyranny more oppressive, perhaps, than any other tyranny. If one class alone were to be represented, it should be the favourite middle class, which has the 'largest share of sense and virtue,' and is most connected in interest with other classes.[144]A legitimate aim of the legislator is, therefore, to prevent an excess of democracy. With Mackintosh it seems essential not simply to suppress 'sinister interests,' but to save both the aristocracy and the middle class from being crushed by the lower classes. The opposition is vital; and it is plain that the argument for the aristocracy, that is, for a system developed from all manner of historical accidents and not evolved out of any simple logical principles, must be defended upon empirical grounds.

Mackintosh was in India during the early period of theEdinburgh Review. Jeffrey, as editor for its first quarter of a century, may be taken more fully to representits spirit. Jeffrey's trenchant, if not swaggering style, covered a very timid, sensitive, and, in some respects, a very conservative temperament. His objection to the 'Lake Poets' was the objection of the classical to the romantic school. Jeffrey's brightness of intellect may justify Carlyle's comparison of him to Voltaire,—only a Voltaire qualified by dislike to men who were 'dreadfully in earnest.' Jeffrey was a philosophical sceptic; he interpreted Dugald Stewart as meaning that metaphysics, being all nonsense, we must make shift with common-sense; and he wrote a dissertation upon taste, to prove that there are no rules about taste whatever. He was too genuine a sceptic to sacrifice peace to the hopeless search for truth. One of the most striking passages in hisEssays[145]is an attack upon 'perfectibility.' He utterly disbelieves that progress in knowledge will improve morals or diminish war, or cure any of the evils that flesh is heir to. Such a man is not of the material of which enthusiastic reformers are made. Throughout the war he was more governed by his fear than by his zeal. He was in constant dread of failure abroad and ruin at home. TheReviewprovoked the Tories, and induced them to start its rival, not by advocacy of political principles, but by its despairing view of the war.[146]He was still desiring at that time (1808) to avoid 'party politics' in the narrower sense.

The political view corresponding to this is given in the articles, some of which (though the authorship was not yet avowed) were assailed by Mill in theWestminster. In an early article[147]he defends the French philosophers against the imputation of responsibility for the reign of terror. Their excellent and humane doctrines had been misapplied by the 'exasperation' and precipitation of inexperienced voters. His most characteristic article is one published in January 1810. The failure of the Walcheren expedition had confirmed his disbelief in our military leaders; the rise of English Radicalism, led by Burdett in the House of Commons, and Cobbett in the press, the widely spread distress and the severity of oppressive measures, roused his keenest alarm.[148]We are, he declared, between two violent and pernicious factions—the courtiers of arbitrary power and the democrats. If the Whig leaders did not first conciliate and then restrain the people, the struggle of the extreme parties would soon sweep away the constitution, the monarchy, and the Whig aristocracy by which that monarchy 'is controlled, confirmed, and exalted above all other forms of polity.' Democracy, it was plain, was increasing with dangerous rapidity. A third of every man's income was being taken by taxes, and after twenty years' boastful hostility we were left without a single ally. Considering all this, it seems as though 'the wholesome days of England were numbered,' and we are on the 'verge of the most dreadful of all calamities'—a civil war.

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