Part 2 (1/2)
Most writers that have treated of the British government, have supposed, that, as the Lower House represents all the Commons of Great Britain, its weight in the scale is proportioned to the property and power of all whom it represents. But this principle must not be received as absolutely true. For though the people are apt to attach themselves more to the House of Commons than to any other member of the const.i.tution, that House being chosen by them as their representatives, and as the public guardians of their liberty; yet are there instances where the House, even when in opposition to the crown, has not been followed by the people, as we may particularly observe of the _Tory_ House of Commons in the reign of King William. Were the members obliged to receive instructions from their const.i.tuents, like the Dutch deputies, this would entirely alter the case; and if such immense power and riches, as those of all the Commons of Great Britain, were brought into the scale, it is not easy to conceive, that the crown could either influence that mult.i.tude of people, or withstand the balance of property. It is true, the crown has great influence over the collective body in the elections of members; but were this influence, which at present is only exerted once in seven years, to be employed in bringing over the people to every vote, it would soon be wasted, and no skill, popularity, or revenue, could support it. I must, therefore, be of opinion, that an alteration in this particular would introduce a total alteration in our government, and would soon reduce it to a pure republic; and, perhaps, to a republic of no inconvenient form. For though the people, collected in a body like the Roman tribes, be quite unfit for government, yet, when dispersed in small bodies, they are most susceptible both of reason and order; the force of popular currents and tides is in a great measure broken; and the public interests may be pursued with some method and constancy. But it is needless to reason any further concerning a form of government, which is never likely to have place in Great Britain, and which seems not to be the aim of any party amongst us. Let us cherish and improve our ancient government as much as possible, without encouraging a pa.s.sion for such dangerous novelties.[2]
[1] This pa.s.sion we may denominate enthusiasm, or we may give it what appellation we please; but a politician who should overlook its influence on human affairs, would prove himself to have but a very limited understanding.
[2] I shall conclude this subject with observing, that the present political controversy with regard to _instructions_, is a very frivolous one, and can never be brought to any decision, as it is managed by both parties. The country party do not pretend that a member is absolutely bound to follow instructions as an amba.s.sador or general is confined by his orders, and that his vote is not to be received in the House, but so far as it is conformable to them. The court party, again, do not pretend that the sentiments of the people ought to have no weight with every member; much less that he ought to despise the sentiments of those whom he represents, and with whom he is more particularly connected. And if their sentiments be of weight, why ought they not to express these sentiments? The question then is only concerning the degrees of weight which ought to be placed on instructions. But such is the nature of language, that it is impossible for it to express distinctly these different degrees; and if men will carry on a controversy on this head, it may well happen that they differ in the language, and yet agree in their sentiments; or differ in their sentiments, and yet agree in their language. Besides, how is it possible to fix these degrees, considering the variety of affairs that come before the House, and the variety of places which members represent? Ought the instructions of _Totness_ to have the same weight as those of London? or instructions with regard to the _Convention_ which respected foreign politics to have the same weight as those with regard to the _Excise_, which respected only our domestic affairs?
OF THE ORIGIN OF GOVERNMENT
Man, born in a family, is compelled to maintain society from necessity, from natural inclination, and from habit. The same creature, in his further progress, is engaged to establish political society, in order to administer justice, without which there can be no peace among them, nor safety, nor mutual intercourse. We are, therefore, to look upon all the vast apparatus of our government, as having ultimately no other object or purpose but the distribution of justice, or, in other words, the support of the twelve judges. Kings and parliaments, fleets and armies, officers of the court and revenue, amba.s.sadors, ministers, and privy counsellors, are all subordinate in their end to this part of administration. Even the clergy, as their duty leads them to inculcate morality, may justly be thought, so far as regards this world, to have no other useful object of their inst.i.tution.
All men are sensible of the necessity of justice to maintain peace and order; and all men are sensible of the necessity of peace and order for the maintenance of society. Yet, notwithstanding this strong and obvious necessity, such is the frailty or perverseness of our nature! it is impossible to keep men faithfully and unerringly in the paths of justice. Some extraordinary circ.u.mstances may happen, in which a man finds his interests to be more promoted by fraud or rapine, than hurt by the breach which his injustice makes in the social union. But much more frequently he is seduced from his great and important, but distant interests, by the allurement of present, though often very frivolous temptations. This great weakness is incurable in human nature.
Men must, therefore, endeavour to palliate what they cannot cure. They must inst.i.tute some persons under the appellation of magistrates, whose peculiar office it is to point out the decrees of equity, to punish transgressors, to correct fraud and violence, and to oblige men, however reluctant, to consult their own real and permanent interests. In a word, obedience is a new duty which must be invented to support that of justice, and the ties of equity must be corroborated by those of allegiance.
But still, viewing matters in an abstract light, it may be thought that nothing is gained by this alliance, and that the fact.i.tious duty of obedience, from its very nature, lays as feeble a hold of the human mind, as the primitive and natural duty of justice. Peculiar interests and present temptations may overcome the one as well as the other. They are equally exposed to the same inconvenience; and the man who is inclined to be a bad neighbour, must be led by the same motives, well or ill understood, to be a bad citizen or subject. Not to mention, that the magistrate himself may often be negligent, or partial, or unjust in his administration.
Experience, however, proves that there is a great difference between the cases. Order in society, we find, is much better maintained by means of government; and our duty to the magistrate is more strictly guarded by the principles of human nature, than our duty to our fellow-citizens.
The love of dominion, is so strong in the breast of man, that many not only submit to, but court all the dangers, and fatigues, and cares of government; and men, once raised to that station, though often led astray by private pa.s.sions, find, in ordinary cases, a visible interest in the impartial administration of justice. The persons who first attain this distinction, by the consent, tacit or express, of the people, must be endowed with superior personal qualities of valour, force, integrity, or prudence, which command respect and confidence; and, after government is established, a regard to birth, rank, and station, has a mighty influence over men, and enforces the decrees of the magistrate. The prince or leader exclaims against every disorder which disturbs his society. He summons all his partisans and all men of probity to aid him in correcting and redressing it, and he is readily followed by all indifferent persons in the execution of his office. He soon acquires the power of rewarding these services; and in the progress of society, he establishes subordinate ministers, and often a military force, who find an immediate and a visible interest in supporting his authority. Habit soon consolidates what other principles of human nature had imperfectly founded; and men, once accustomed to obedience, never think of departing from that path, in which they and their ancestors have constantly trod, and to which they are confined by so many urgent and visible motives.
But though this progress of human affairs may appear certain and inevitable, and though the support which allegiance brings to justice be founded on obvious principles of human nature, it cannot be expected that men should beforehand be able to discover them, or foresee their operation. Government commences more casually and more imperfectly. It is probable, that the first ascendent of one man over mult.i.tudes began during a state of war; where the superiority of courage and of genius discovers itself most visibly, where unanimity and concert are most requisite, and where the pernicious effects of disorder are most sensibly felt. The long continuance of that state, an incident common among savage tribes, inured the people to submission; and if the chieftain possessed as much equity as prudence and valour, he became, even during peace, the arbiter of all differences, and could gradually, by a mixture of force and consent, establish his authority. The benefit sensibly felt from his influence, made it be cherished by the people, at least by the peaceable and well disposed among them; and if his son enjoyed the same good qualities, government advanced the sooner to maturity and perfection; but was still in a feeble state, till the further progress of improvement procured the magistrate a revenue, and enabled him to bestow rewards on the several instruments of his administration, and to inflict punishments on the refractory and disobedient. Before that period, each exertion of his influence must have been particular, and founded on the peculiar circ.u.mstances of the case. After it, submission was no longer a matter of choice in the bulk of the community, but was rigorously exacted by the authority of the supreme magistrate.
In all governments, there is a perpetual intestine struggle, open or secret, between Authority and Liberty, and neither of them can ever absolutely prevail in the contest. A great sacrifice of liberty must necessarily be made in every government; yet even the authority, which confines liberty, can never, and perhaps ought never, in any const.i.tution, to become quite entire and uncontrollable. The sultan is master of the life and fortune of any individual; but will not be permitted to impose new taxes on his subjects: a French monarch can impose taxes at pleasure; but would find it dangerous to attempt the lives and fortunes of individuals. Religion also, in most countries, is commonly found to be a very intractable principle; and other principles or prejudices frequently resist all the authority of the civil magistrate; whose power, being founded on opinion, can never subvert other opinions equally rooted with that of his t.i.tle to dominion. The government, which, in common appellation, receives the appellation of free, is that which admits of a part.i.tion of power among several members, whose united authority is no less, or is commonly greater, than that of any monarch; but who, in the usual course of administration, must act by general and equal laws, that are previously known to all the members, and to all their subjects. In this sense, it must be owned, that liberty is the perfection of civil society; but still authority must be acknowledged essential to its very existence: and in those contests which so often take place between the one and the other, the latter may, on that account, challenge the preference. Unless perhaps one may say (and it may be said with some reason) that a circ.u.mstance, which is essential to the existence of civil society, must always support itself, and needs be guarded with less jealousy, than one that contributes only to its perfection, which the indolence of men is so apt to neglect, or their ignorance to overlook.
OF THE INDEPENDENCY OF PARLIAMENT[1]
Political writers have established it as a maxim, that, in contriving any system of government, and fixing the several checks and controls of the const.i.tution, every man ought to be supposed a _knave_, and to have no other end, in all his actions, than private interest. By this interest we must govern him, and, by means of it, make him, notwithstanding his insatiable avarice and ambition, cooperate to public good. Without this, say they, we shall in vain boast of the advantages of any const.i.tution, and shall find, in the end, that we have no security for our liberties or possessions, except the good-will of our rulers; that is, we shall have no security at all.
It is, therefore, a just _political_ maxim, _that every man must be supposed a knave_; though, at the same time, it appears somewhat strange, that a maxim should be true in _politics_ which is false in _fact_. But to satisfy us on this head, we may consider, that men are generally more honest in their private than in their public capacity, and will go greater lengths to serve a party, than when their own private interest is alone concerned. Honour is a great check upon mankind: but where a considerable body of men act together, this check is in a great measure removed, since a man is sure to be approved of by his own party, for what promotes the common interest; and he soon learns to despise the clamours of adversaries. To which we may add, that every court or senate is determined by the greater number of voices; so that, if self-interest influences only the majority (as it will always do), the whole senate follows the allurements of this separate interest, and acts as if it contained not one member who had any regard to public interest and liberty.
When there offers, therefore, to our censure and examination, any plan of government, real or imaginary, where the power is distributed among several courts, and several orders of men, we should always consider the separate interest of each court, and each order; and if we find that, by the skilful division of power, this interest must necessarily, in its operation, concur with the public, we may p.r.o.nounce that government to be wise and happy. If, on the contrary, separate interest be not checked, and be not directed to the public, we ought to look for nothing but faction, disorder, and tyranny from such a government. In this opinion I am justified by experience, as well as by the authority of all philosophers and politicians, both ancient and modern.
How much, therefore, would it have surprised such a genius as Cicero or Tacitus, to have been told, that in a future age there should arise a very regular system of _mixed_ government, where the authority was so distributed, that one rank, whenever it pleased, might swallow up all the rest, and engross the whole power of the const.i.tution! Such a government, they would say, will not be a mixed government. For so great is the natural ambition of men, that they are never satisfied with power; and if one order of men, by pursuing its own interest, can usurp upon every other order, it will certainly do so, and render itself, as far as possible, absolute and uncontrollable.
But, in this opinion, experience shows they would have been mistaken.
For this is actually the case with the British const.i.tution. The share of power allotted by our const.i.tution to the House of Commons, is so great, that it absolutely commands all the other parts of the government. The king's legislative power is plainly no proper check to it. For though the king has a negative in framing laws, yet this, in fact, is esteemed of so little moment, that whatever is voted by the two Houses, is always sure to pa.s.s into a law, and the royal a.s.sent is little better than a form. The princ.i.p.al weight of the crown lies in the executive; power. But, besides that the executive power in every government is altogether subordinate to the legislative; besides this, I say, the exercise of this power requires an immense expense, and the Commons have a.s.sumed to themselves the sole right of granting money. How easy, therefore, would it be for that house to wrest from the crown all these powers, one after another, by making every grant conditional, and choosing their time so well, that their refusal of supply should only distress the government, without giving foreign powers any advantage over us! Did the House of Commons depend in the same manner upon the king, and had none of the members any property but from his gift, would not he command all their resolutions, and be from that moment absolute?
As to the House of Lords, they are a very powerful support to the crown, so long as they are, in their turn, supported by it; but both experience and reason show, that they have no force or authority sufficient to maintain themselves alone, without such support.
How, therefore, shall we solve this paradox? And by what means is this member of our const.i.tution confined within the proper limits, since, from our very const.i.tution, it must necessarily have as much power as it demands, and can only be confined by itself? How is this consistent with our experience of human nature? I answer, that the interest of the body is here restrained by that of the individuals, and that the House of Commons stretches not its power, because such an usurpation would be contrary to the interest of the majority of its members. The crown has so many offices at its disposal, that, when a.s.sisted by the honest and disinterested part of the House, it will always command the resolutions of the whole, so far, at least, as to preserve the ancient const.i.tution from danger. We may, therefore, give to this influence what name we please; we may call it by the invidious appellations of _corruption_ and _dependence_; but some degree and some kind of it are inseparable from the very nature of the const.i.tution, and necessary to the preservation of our mixed government.
Instead, then, of a.s.serting absolutely, that the dependence of parliament, in every degree, is an infringement of British liberty, the country party should have made some concessions to their adversaries, and have only examined what was the proper degree of this dependence, beyond which it became dangerous to liberty. But such a moderation is not to be expected in party men of any kind. After a concession of this nature, all declamation must be abandoned; and a calm inquiry into the proper degree of court influence and parliamentary dependence would have been expected by the readers. And though the advantage, in such a controversy, might possibly remain to the _country party_, yet the victory would not be so complete as they wish for, nor would a true patriot have given an entire loose to his zeal, for fear of running matters into a contrary extreme, by diminis.h.i.+ng too[2] far the influence of the crown. It was, therefore, thought best to deny that this extreme could ever be dangerous to the const.i.tution, or that the crown could ever have too little influence over members of parliament.
All questions concerning the proper medium between extremes are difficult to be decided; both because it is not easy to find _words_ proper to fix this medium, and because the good and ill, in such cases, run so gradually into each other, as even to render our _sentiments_ doubtful and uncertain. But there is a peculiar difficulty in the present case, which would embarra.s.s the most knowing and most impartial examiner. The power of the crown is always lodged in a single person, either king or minister; and as this person may have either a greater or less degree of ambition, capacity, courage, popularity, or fortune, the power, which is too great in one hand, may become too little in another.
In pure republics, where the authority is distributed among several a.s.semblies or senates, the checks and controls are more regular in their operation; because the members of such numerous a.s.semblies may be presumed to be always nearly equal in capacity and virtue; and it is only their number, riches, or authority, which enter into consideration.