Mr Mill, we positively affirm, pretends to demonstrate, not merely that a balanced contest between the king and the aristocracy will not last, but that the chances are as infinity to one against the existence of such a balanced contest. This is a mere question of fact. We quote the words of the essay, and defy the Westminster Reviewer to impeach our accuracy:--

"It seems impossible that such equality should ever exist. How is it to be established? Or by what criterion is it to be ascertained? If there is no such criterion, it must, in all cases, be the result of chance. If so, the chances against it are as infinity to one."

The Reviewer has confounded the division of power with the balance or equal division of power. Mr Mill says that the division of power can never exist long, because it is next to impossible that the equal division of power should ever exist at all.

"When Mr Mill a.s.serted that it cannot be for the interest of either the monarchy or the aristocracy to combine with the democracy, it is plain he did not a.s.sert that if the monarchy and aristocracy were in doubtful contest with each other, they would not, either of them, accept of the a.s.sistance of the democracy. He spoke of their taking the side of the democracy; not of their allowing the democracy to take side with themselves."

If Mr Mill meant anything, he must have meant this--that the monarchy and the aristocracy will never forget their enmity to the democracy in their enmity to each other.

"The monarchy and aristocracy," says he, "have all possible motives for endeavouring to obtain unlimited power over the persons and property of the community. The consequence is inevitable. They have all possible motives for combining to obtain that power, and unless the people have power enough to be a match for both they have no protection. The balance, therefore, is a thing the existence of which upon the best possible evidence is to be regarded as impossible."

If Mr Mill meant only what the Westminster Reviewer conceives him to have meant, his argument would leave the popular theory of the balance quite untouched. For it is the very theory of the balance that the help of the people will be solicited by the n.o.bles when hard pressed by the king, and by the king when hard pressed by the n.o.bles; and that, as the price of giving alternate support to the crown and the aristocracy, they will obtain something for themselves, as the Reviewer admits that they have done in Denmark. If Mr Mill admits this, he admits the only theory of the balance of which we ever heard--that very theory which he has declared to be wild and chimerical. If he denies it, he is at issue with the Westminster Reviewer as to the phenomena of the Danish government.

We now come to a more important pa.s.sage. Our opponent has discovered, as he conceives, a radical error which runs through our whole argument, and vitiates every part of it. We suspect that we shall spoil his triumph.

"Mr Mill never a.s.serted 'THAT UNDER NO DESPOTIC GOVERNMENT DOES ANY HUMAN BEING, EXCEPT THE TOOLS OF THE SOVEREIGN, POSSESS MORE THAN THE NECESSARIES OF LIFE, AND THAT THE MOST INTENSE DEGREE OF TERROR IS KEPT UP BY CONSTANT CRUELTY.' He said that absolute power leads to such results 'by infallible sequence, where power over a community is attained, AND NOTHING CHECKS.' The critic on the Mount never made a more palpable misquotation.

"The spirit of this misquotation runs through every part of the reply of the Edinburgh Review that relates to the Essay on Government; and is repeated in as many shapes as the Roman pork. The whole description of 'Mr Mill's argument against despotism,'--including the ill.u.s.tration from right-angled triangles and the square of the hypothenuse,--is founded on this invention of saying what an author has not said, and leaving unsaid what he has."

We thought, and still think, for reasons which our readers will soon understand, that we represented Mr Mill's principle quite fairly, and according to the rule of law and common sense, ut res magis valeat quam pereat. Let us, however, give him all the advantage of the explanation tendered by his advocate, and see what he will gain by it.

The Utilitarian doctrine then is, not that despots and aristocracies will always plunder and oppress the people to the last point, but that they will do so if nothing checks them.

In the first place, it is quite clear that the doctrine thus stated is of no use at all, unless the force of the checks be estimated. The first law of motion is, that a ball once projected will fly on to all eternity with undiminished velocity, unless something checks. The fact is, that a ball stops in a few seconds after proceeding a few yards with very variable motion. Every man would wring his child's neck and pick his friend's pocket if nothing checked him. In fact, the principle thus stated means only that governments will oppress unless they abstain from oppressing. This is quite true, we own. But we might with equal propriety turn the maxim round, and lay it down, as the fundamental principle of government, that all rulers will govern well, unless some motive interferes to keep them from doing so.

If there be, as the Westminster Reviewer acknowledges, certain checks which, under political inst.i.tutions the most arbitrary in seeming, sometimes produce good government, and almost always place some restraint on the rapacity and cruelty of the powerful, surely the knowledge of those checks, of their nature, and of their effect, must be a most important part of the science of government. Does Mr Mill say anything upon this part of the subject? Not one word.

The line of defence now taken by the Utilitarians evidently degrades Mr Mill's theory of government from the rank which, till within the last few months, was claimed for it by the whole sect. It is no longer a practical system, fit to guide statesmen, but merely a barren exercise of the intellect, like those propositions in mechanics in which the effect of friction and of the resistance of the air is left out of the question; and which, therefore, though correctly deduced from the premises, are in practice utterly false. For, if Mr Mill professes to prove only that absolute monarchy and aristocracy are pernicious without checks,--if he allows that there are checks which produce good government even under absolute monarchs and aristocracies,--and if he omits to tell us what those checks are, and what effects they produce under different circ.u.mstances,--he surely gives us no information which can be of real utility.

But the fact is,--and it is most extraordinary that the Westminster Reviewer should not have perceived it--that if once the existence of checks on the abuse of power in monarchies and aristocracies be admitted, the whole of Mr Mill's theory falls to the ground at once.

This is so palpable, that in spite of the opinion of the Westminster Reviewer, we must acquit Mr Mill of having intended to make such an admission. We still think that the words, "where power over a community is attained, and nothing checks," must not be understood to mean that under a monarchical or aristocratical form of government there can really be any check which can in any degree mitigate the wretchedness of the people.

For all possible checks may be cla.s.sed under two general heads,--want of will, and want of power. Now, if a king or an aristocracy, having the power to plunder and oppress the people, can want the will, all Mr Mill's principles of human nature must be p.r.o.nounced unsound. He tells us, "that the desire to possess unlimited power of inflicting pain upon others, is an inseparable part of human nature;" and that "a chain of inference, close and strong to a most unusual degree," leads to the conclusion that those who possess this power will always desire to use it. It is plain, therefore, that, if Mr Mill's principles be sound, the check on a monarchical or an aristocratical government will not be the want of will to oppress.

If a king or an aristocracy, having, as Mr Mill tells us that they always must have, the will to oppress the people with the utmost severity, want the power, then the government, by whatever name it may be called, must be virtually a mixed government or a pure democracy: for it is quite clear that the people possess some power in the state--some means of influencing the nominal rulers. But Mr Mill has demonstrated that no mixed government can possibly exist, or at least that such a government must come to a very speedy end: therefore, every country in which people not in the service of the government have, for any length of time, been permitted to acc.u.mulate more than the bare means of subsistence must be a pure democracy. That is to say, France before the revolution, and Ireland during the last century, were pure democracies.

Prussia, Austria, Russia, all the governments of the civilised world, are pure democracies. If this be not a reductio ad absurdum, we do not know what is.

The errors of Mr Mill proceed princ.i.p.ally from that radical vice in his reasoning which, in our last number we described in the words of Lord Bacon. The Westminster Reviewer is unable to discover the meaning of our extracts from the "Novum Organum", and expresses himself as follows:

"The quotations from Lord Bacon are misapplications, such as anybody may make to anything he dislikes. There is no more resemblance between pain, pleasure, motives, etc., and substantia, generatio, corruptio, elementum, materia,--than between lines angles, magnitudes, etc., and the same."

It would perhaps be unreasonable to expect that a writer who cannot understand his own English should understand Lord Bacon's Latin. We will therefore attempt to make our meaning clearer.

What Lord Bacon blames in the schoolmen of his time is this,--that they reasoned syllogistically on words which had not been defined with precision; such as moist, dry, generation, corruption, and so forth.

Mr Mill's error is exactly of the same kind. He reasons syllogistically about power, pleasure, and pain, without attaching any definite notion to any one of those words. There is no more resemblance, says the Westminster Reviewer, between pain and substantia than between pain and a line or an angle. By his permission, in the very point to which Lord Bacon's observation applies, Mr Mill's subjects do resemble the substantia and elementum of the schoolmen and differ from the lines and magnitudes of Euclid. We can reason a priori on mathematics, because we can define with an exact.i.tude which precludes all possibility of confusion. If a mathematician were to admit the least laxity into his notions, if he were to allow himself to be deluded by the vague sense which words bear in popular use, or by the aspect of an ill-drawn diagram, if he were to forget in his reasonings that a point was indivisible, or that the definition of a line excluded breadth, there would be no end to his blunders. The schoolmen tried to reason mathematically about things which had not been, and perhaps could not be, defined with mathematical accuracy. We know the result. Mr Mill has in our time attempted to do the same. He talks of power, for example, as if the meaning of the word power were as determinate as the meaning of the word circle. But, when we a.n.a.lyse his speculations, we find that his notion of power is, in the words of Bacon, "phantiastica et male terminata."

There are two senses in which we may use the word "power," and those words which denote the various distributions of power, as, for example, "monarchy":--the one sense popular and superficial, the other more scientific and accurate. Mr Mill, since he chose to reason a priori, ought to have clearly pointed out in which sense he intended to use words of this kind, and to have adhered inflexibly to the sense on which he fixed. Instead of doing this, he flies backwards and forwards from the one sense to the other, and brings out conclusions at last which suit neither.

The state of those two communities to which he has himself referred--the kingdom of Denmark and the empire of Rome--may serve to ill.u.s.trate our meaning. Looking merely at the surface of things, we should call Denmark a despotic monarchy, and the Roman world, in the first century after Christ, an aristocratical republic. Caligula was, in theory, nothing more than a magistrate elected by the senate, and subject to the senate.

That irresponsible dignity which, in the most limited monarchies of our time, is ascribed to the person of the sovereign never belonged to the earlier Caesars. The sentence of death which the great council of the commonwealth pa.s.sed on Nero was strictly according to the theory of the const.i.tution. Yet, in fact, the power of the Roman emperors approached nearer to absolute dominion than that of any prince in modern Europe.

On the other hand, the King of Denmark, in theory the most despotic of princes, would in practice find it most perilous to indulge in cruelty and licentiousness. Nor is there, we believe, at the present moment a single sovereign in our part of the world who has so much real power over the lives of his subjects as Robespierre, while he lodged at a chandler's and dined at a restaurateur's, exercised over the lives of those whom he called his fellow citizens.

Mr Mill and the Westminster Reviewer seem to agree that there cannot long exist in any society a division of power between a monarch, an aristocracy, and the people, or between any two of them. However the power be distributed, one of the three parties will, according to them, inevitably monopolise the whole. Now, what is here meant by power? If Mr Mill speaks of the external semblance of power,--of power recognised by the theory of the const.i.tution,--he is palpably wrong. In England, for example, we have had for ages the name and form of a mixed government, if nothing more. Indeed, Mr Mill himself owns that there are appearances which have given colour to the theory of the balance, though he maintains that these appearances are delusive. But, if he uses the word power in a deeper and philosophical sense, he is, if possible, still more in the wrong than on the former supposition. For, if he had considered in what the power of one human being over other human beings must ultimately consist, he would have perceived, not only that there are mixed governments in the world, but that all the governments in the world, and all the governments which can even be conceived as existing in the world, are virtually mixed.

If a king possessed the lamp of Aladdin,--if he governed by the help of a genius who carried away the daughters and wives of his subjects through the air to the royal Parc-aux-cerfs, and turned into stone every man who wagged a finger against his majesty's government, there would indeed be an unmixed despotism. But, fortunately, a ruler can be gratified only by means of his subjects. His power depends on their obedience; and, as any three or four of them are more than a match for him by himself, he can only enforce the unwilling obedience of some by means of the willing obedience of others.

Take any of those who are popularly called absolute princes--Napoleon for example. Could Napoleon have walked through Paris, cutting off the head of one person in every house which he pa.s.sed? Certainly not without the a.s.sistance of an army. If not, why not? Because the people had sufficient physical power to resist him, and would have put forth that power in defence of their lives and of the lives of their children.

In other words, there was a portion of power in the democracy under Napoleon. Napoleon might probably have indulged himself in such an atrocious freak of power if his army would have seconded him. But, if his army had taken part with the people, he would have found himself utterly helpless; and, even if they had obeyed his orders against the people, they would not have suffered him to decimate their own body. In other words, there was a portion of power in the hands of a minority of the people, that is to say, in the hands of an aristocracy, under the reign of Napoleon.

To come nearer home,--Mr Mill tells us that it is a mistake to imagine that the English government is mixed. He holds, we suppose, with all the politicians of the Utilitarian school, that it is purely aristocratical.

There certainly is an aristocracy in England; and we are afraid that their power is greater than it ought to be. They have power enough to keep up the game-laws and corn-laws; but they have not power enough to subject the bodies of men of the lowest cla.s.s to wanton outrage at their pleasure. Suppose that they were to make a law that any gentleman of two thousand a-year might have a day-labourer or a pauper flogged with a cat-of-nine-tails whenever the whim might take him. It is quite clear that the first day on which such flagellation should be administered would be the last day of the English aristocracy. In this point, and in many other points which might be named, the commonalty in our island enjoy a security quite as complete as if they exercised the right of universal suffrage. We say, therefore, that the English people have in their own hands a sufficient guarantee that in some points the aristocracy will conform to their wishes;--in other words, they have a certain portion of power over the aristocracy. Therefore the English government is mixed.

Wherever a king or an oligarchy refrains from the last extremity of rapacity and tyranny through fear of the resistance of the people, there the const.i.tution, whatever it may be called, is in some measure democratical. The admixture of democratic power may be slight. It may be much slighter than it ought to be; but some admixture there is. Wherever a numerical minority, by means of superior wealth or intelligence, of political concert, or of military discipline, exercises a greater influence on the society than any other equal number of persons,--there, whatever the form of government may be called, a mixture of aristocracy does in fact exist. And, wherever a single man, from whatever cause, is so necessary to the community, or to any portion of it, that he possesses more power than any other man, there is a mixture of monarchy.

This is the philosophical cla.s.sification of governments: and if we use this cla.s.sification we shall find, not only that there are mixed governments, but that all governments are, and must always be, mixed.

But we may safely challenge Mr Mill to give any definition of power, or to make any cla.s.sification of governments, which shall bear him out in his a.s.sertion that a lasting division of authority is impracticable.

It is evidently on the real distribution of power, and not on names and badges, that the happiness of nations must depend. The representative system, though doubtless a great and precious discovery in politics, is only one of the many modes in which the democratic part of the community can efficiently check the governing few. That certain men have been chosen as deputies of the people,--that there is a piece of paper stating such deputies to possess certain powers,--these circ.u.mstances in themselves const.i.tute no security for good government. Such a const.i.tution nominally existed in France; while, in fact, an oligarchy of committees and clubs trampled at once on the electors and the elected. Representation is a very happy contrivance for enabling large bodies of men to exert their power with less risk of disorder than there would otherwise be. But, a.s.suredly, it does not of itself give power.

Unless a representative a.s.sembly is sure of being supported in the last resort by the physical strength of large ma.s.ses who have spirit to defend the const.i.tution and sense to defend it in concert, the mob of the town in which it meets may overawe it;--the howls of the listeners in its glory may silence its deliberations;--an able and daring individual may dissolve it. And, if that sense and that spirit of which we speak be diffused through a society, then, even without a representative a.s.sembly, that society will enjoy many of the blessings of good government.

Which is the better able to defend himself;--a strong man with nothing but his fists, or a paralytic cripple enc.u.mbered with a sword which he cannot lift? Such, we believe, is the difference between Denmark and some new republics in which the const.i.tutional forms of the United States have been most sedulously imitated.

Look at the Long Parliament on the day on which Charles came to seize the five members: and look at it again on the day when Cromwell stamped with his foot on its floor. On which day was its apparent power the greater? On which day was its real power the less? Nominally subject, it was able to defy the sovereign. Nominally sovereign, it was turned out of doors by its servant.

Const.i.tutions are in politics what paper money is in commerce. They afford great facilities and conveniences. But we must not attribute to them that value which really belongs to what they represent. They are not power, but symbols of power, and will, in an emergency, prove altogether useless unless the power for which they stand be forthcoming.

The real power by which the community is governed is made up of all the means which all its members possess of giving pleasure or pain to each other.

Great light may be thrown on the nature of a circulating medium by the phenomena of a state of barter. And in the same manner it may be useful to those who wish to comprehend the nature and operation of the outward signs of power to look at communities in which no such signs exist; for example, at the great community of nations. There we find nothing a.n.a.logous to a const.i.tution; but do we not find a government? We do in fact find government in its purest, and simplest, and most intelligible form. We see one portion of power acting directly on another portion of power. We see a certain police kept up; the weak to a certain degree protected; the strong to a certain degree restrained. We see the principle of the balance in constant operation. We see the whole system sometimes undisturbed by any attempt at encroachment for twenty or thirty years at a time; and all this is produced without a legislative a.s.sembly, or an executive magistracy--without tribunals--without any code which deserves the name; solely by the mutual hopes and fears of the various members of the federation. In the community of nations, the first appeal is to physical force. In communities of men, forms of government serve to put off that appeal, and often render it unnecessary. But it is still open to the oppressed or the ambitious.

Of course, we do not mean to deny that a form of government will, after it has existed for a long time, materially affect the real distribution of power throughout the community. This is because those who administer a government, with their dependants, form a compact and disciplined body, which, acting methodically and in concert, is more powerful than any other equally numerous body which is inferior in organisation.

The power of rulers is not, as superficial observers sometimes seem to think, a thing sui generis. It is exactly similar in kind, though generally superior in amount, to that of any set of conspirators who plot to overthrow it. We have seen in our time the most extensive and the best organised conspiracy that ever existed--a conspiracy which possessed all the elements of real power in so great a degree that it was able to cope with a strong government, and to triumph over it--the Catholic a.s.sociation. An Utilitarian would tell us, we suppose, that the Irish Catholics had no portion of political power whatever on the first day of the late Session of Parliament.

Let us really go beyond the surface of facts: let us, in the sound sense of the words, penetrate to the springs within; and the deeper we go the more reason shall we find to smile at those theorists who hold that the sole hope of the human race is in a rule-of-three sum and a ballot-box.

We must now return to the Westminster Reviewer. The following paragraph is an excellent specimen of his peculiar mode of understanding and answering arguments.

"The reply to the argument against 'saturation,' supplies its own answer. The reason why it is of no use to try to 'saturate' is precisely what the Edinburgh Reviewers have suggested,--'THAT THERE IS NO LIMIT TO THE NUMBER OF THIEVES.' There are the thieves, and the thieves'

cousins,--with their men-servants, their maid-servants, and their little ones, to the fortieth generation. It is true, that 'a man cannot become a king or a member of the aristocracy whenever he chooses;' but if there is to be no limit to the depredators except their own inclination to increase and multiply, the situation of those who are to suffer is as wretched as it needs be. It is impossible to define what ARE 'corporal pleasures.' A d.u.c.h.ess of Cleveland was 'a corporal pleasure.' The most disgraceful period in the history of any nation--that of the Restoration--presents an instance of the length to which it is possible to go in an attempt to 'saturate' with pleasures of this kind."

To reason with such a writer is like talking to a deaf man who catches at a stray word, makes answer beside the mark, and is led further and further into error by every attempt to explain. Yet, that our readers may fully appreciate the abilities of the new philosophers, we shall take the trouble to go over some of our ground again.

Mr Mill attempts to prove that there is no point of saturation with the objects of human desire. He then takes it for granted that men have no objects of desire but those which can be obtained only at the expense of the happiness of others. Hence he infers that absolute monarchs and aristocracies will necessarily oppress and pillage the people to a frightful extent.

We answered in substance thus. There are two kinds of objects of desire; those which give mere bodily pleasure, and those which please through the medium of a.s.sociations. Objects of the former cla.s.s, it is true, a man cannot obtain without depriving somebody else of a share. But then with these every man is soon satisfied. A king or an aristocracy cannot spend any very large portion of the national wealth on the mere pleasures of sense. With the pleasures which belong to us as reasoning and imaginative beings we are never satiated, it is true; but then, on the other hand, many of those pleasures can be obtained without injury to any person, and some of them can be obtained only by doing good to others.

The Westminster Reviewer, in his former attack on us, laughed at us for saying that a king or an aristocracy could not be easily satiated with the pleasures of sense, and asked why the same course was not tried with thieves. We were not a little surprised at so silly an objection from the pen, as we imagined, of Mr Bentham. We returned, however, a very simple answer. There is no limit to the number of thieves. Any man who chooses can steal: but a man cannot become a member of the aristocracy or a king whenever he chooses. To satiate one thief, is to tempt twenty other people to steal. But by satiating one king or five hundred n.o.bles with bodily pleasures we do not produce more kings or more n.o.bles. The answer of the Westminster Reviewer we have quoted above; and it will amply repay our readers for the trouble of examining it. We never read any pa.s.sage which indicated notions so vague and confused. The number of the thieves, says our Utilitarian, is not limited. For there are the dependants and friends of the king and of the n.o.bles. Is it possible that he should not perceive that this comes under a different head? The bodily pleasures which a man in power dispenses among his creatures are bodily pleasures as respects his creatures, no doubt. But the pleasure which he derives from bestowing them is not a bodily pleasure. It is one of those pleasures which belong to him as a reasoning and imaginative being. No man of common understanding can have failed to perceive that, when we said that a king or an aristocracy might easily be supplied to satiety with sensual pleasures, we were speaking of sensual pleasures directly enjoyed by themselves. But "it is impossible," says the Reviewer, "to define what are corporal pleasures." Our brother would indeed, we suspect, find it a difficult task; nor, if we are to judge of his genius for cla.s.sification from the specimen which immediately follows, would we advise him to make the attempt. "A d.u.c.h.ess of Cleveland was a corporal pleasure." And to this wise remark is appended a note, setting forth that Charles the Second gave to the d.u.c.h.ess of Cleveland the money which he ought to have spent on the war with Holland. We scarcely know how to answer a man who unites so much pretension to so much ignorance. There are, among the many Utilitarians who talk about Hume, Condillac, and Hartley, a few who have read those writers. Let the Reviewer ask one of these what he thinks on the subject. We shall not undertake to whip a pupil of so little promise through his first course of metaphysics. We shall, therefore, only say--leaving him to guess and wonder what we can mean--that, in our opinion, the d.u.c.h.ess of Cleveland was not a merely corporal pleasure,--that the feeling which leads a prince to prefer one woman to all others, and to lavish the wealth of kingdoms on her, is a feeling which can only be explained by the law of a.s.sociation.

But we are tired, and even more ashamed than tired, of exposing these blunders. The whole article is of a piece. One pa.s.sage, however, we must select, because it contains a very gross misrepresentation.

"'THEY NEVER ALLUDED TO THE FRENCH REVOLUTION FOR THE PURPOSE OF PROVING THAT THE POOR WERE INCLINED TO ROB THE RICH.' They only said, 'as soon as the poor AGAIN began to compare their cottages and salads with the hotels and banquets of the rich, there would have been another scramble for property, another general confiscation,' etc."