Considerations on Representative Government Part 6

When the nationality which succeeds in overpowering the other is both the most numerous and the most improved, and especially if the subdued nationality is small, and has no hope of rea.s.serting its independence, then, if it is governed with any tolerable justice, and if the members of the more powerful nationality are not made odious by being invested with exclusive privileges, the smaller nationality is gradually reconciled to its position, and becomes amalgamated with the larger. No Bas-Breton, nor even any Alsatian, has the smallest wish at the present day to be separated from France. If all Irishmen have not yet arrived at the same disposition towards England, it is partly because they are sufficiently numerous to be capable of const.i.tuting a respectable nationality by themselves, but princ.i.p.ally because, until of late years, they had been so atrociously governed that all their best feelings combined with their bad ones in rousing bitter resentment against the Saxon rule. This disgrace to England and calamity to the whole empire has, it may be truly said, completely ceased for nearly a generation. No Irishman is now less free than an Anglo-Saxon, nor has a less share of every benefit either to his country or to his individual fortunes than if he were sprung from any other portion of the British dominions. The only remaining real grievance of Ireland, that of the State Church, is one which half, or nearly half the people of the larger island have in common with them. There is now next to nothing, except the memory of the past, and the difference in the predominant religion, to keep apart two races perhaps the most fitted of any two in the world to be the completing counterpart of one another. The consciousness of being at last treated not only with equal justice, but with equal consideration, is making such rapid way in the Irish nation as to be wearing off all feelings that could make them insensible to the benefits which the less numerous and less wealthy people must necessarily derive from being fellow-citizens instead of foreigners to those who are not only their nearest neighbors, but the wealthiest, and one of the freest, as well as most civilized and powerful nations of the earth.

The cases in which the greatest practical obstacles exist to the blending of nationalities are when the nationalities which have been bound together are nearly equal in numbers and in the other elements of power. In such cases, each, confiding in its strength, and feeling itself capable of maintaining an equal struggle with any of the others, is unwilling to be merged in it; each cultivates with party obstinacy its distinctive peculiarities; obsolete customs, and even declining languages, are revived, to deepen the separation; each deems itself tyrannized over if any authority is exercised within itself by functionaries of a rival race; and whatever is given to one of the conflicting nationalities is considered to be taken from all the rest. When nations thus divided are under a despotic government which is a stranger to all of them, or which, though sprung from one, yet feeling greater interest in its own power than in any sympathies of nationality, a.s.signs no privilege to either nation, and chooses its instruments indifferently from all, in the course of a few generations ident.i.ty of situation often produces harmony of feeling, and the different races come to feel towards each other as fellow-countrymen, particularly if they are dispersed over the same tract of country. But if the era of aspiration to free government arrives before this fusion has been effected, the opportunity has gone by for effecting it. From that time, if the unreconciled nationalities are geographically separate, and especially if their local position is such that there is no natural fitness or convenience in their being under the same government (as in the case of an Italian province under a French or German yoke), there is not only an obvious propriety, but, if either freedom or concord is cared for, a necessity for breaking the connection altogether. There may be cases in which the provinces, after separation, might usefully remain united by a federal tie; but it generally happens that if they are willing to forego complete independence, and become members of a federation, each of them has other neighbors with whom it would prefer to connect itself, having more sympathies in common, if not also greater community of interest.

Chapter XVII-Of Federal Representative Governments.

Portions of mankind who are not fitted or not disposed to live under the same internal government may often, with advantage, be federally united as to their relations with foreigners, both to prevent wars among themselves, and for the sake of more effectual protection against the aggression of powerful states.

To render a federation advisable several conditions are necessary. The first is that there should be a sufficient amount of mutual sympathy among the populations. The federation binds them always to fight on the same side; and if they have such feelings toward one another, or such diversity of feeling toward their neighbors that they would generally prefer to fight on opposite sides, the federal tie is neither likely to be of long duration, nor to be well observed while it subsists. The sympathies available for the purpose are those of race, language, religion, and, above all, of political inst.i.tutions, as conducing most to a feeling of ident.i.ty of political interest. When a few free states, separately insufficient for their own defense, are hemmed in on all sides by military or feudal monarchs, who hate and despise freedom even in a neighbor, those states have no chance for preserving liberty and its blessings but by a federal union. The common interest arising from this cause has in Switzerland, for several centuries, been found adequate to maintain efficiently the federal bond, in spite not only of difference of religion when religion was the grand source of irreconcilable political enmity throughout Europe, but also in spite of great weakness in the const.i.tution of the federation itself. In America, where all the conditions for the maintenance of union existed at the highest point, with the sole drawback of difference of inst.i.tutions in the single but most important article of slavery, this one difference goes so far in alienating from each other's sympathies the two divisions of the Union as to be now actually effecting the disruption of a tie of so much value to them both.

A second condition of the stability of a federal government is that the separate states be not so powerful as to be able to rely for protection against foreign encroachment on their individual strength. If they are, they will be apt to think that they do not gain, by union with others, the equivalent of what they sacrifice in their own liberty of action; and consequently, whenever the policy of the confederation, in things reserved to its cognizance, is different from that which any one of its members would separately pursue, the internal and sectional breach will, through absence of sufficient anxiety to preserve the Union, be in danger of going so far as to dissolve it.

A third condition, not less important than the two others, is that there be not a very marked inequality of strength among the several contracting states. They can not, indeed, be exactly equal in resources; in all federations there will be a gradation of power among the members; some will be more populous, rich, and civilized than others. There is a wide difference in wealth and population between New York and Rhode Island; between Berne, and Zug or Glaris. The essential is, that there should not be any one state so much more powerful than the rest as to be capable of vying in strength with many of them combined. If there be such a one, and only one, it will insist on being master of the joint deliberations; if there be two, they will be irresistible when they agree; and whenever they differ, every thing will be decided by a struggle for ascendancy between the rivals. This cause is alone enough to reduce the German Bund to almost a nullity, independently of its wretched internal const.i.tution. It effects none of the real purposes of a confederation. It has never bestowed on Germany a uniform system of customs, nor so much as a uniform coinage, and has served only to give Austria and Prussia a legal right of pouring in their troops to a.s.sist the local sovereigns in keeping their subjects obedient to despotism, while, in regard to external concerns, the Bund would make all Germany a dependency of Prussia if there were no Austria, and of Austria if there were no Prussia; and, in the mean time, each petty prince has little choice but to be a partisan of one or the other, or to intrigue with foreign governments against both.

There are two different modes of organizing a federal union. The federal authorities may represent the governments solely, and their acts may be obligatory only on the governments as such, or they may have the power of enacting laws and issuing orders which are binding directly on individual citizens. The former is the plan of the German so-called Confederation, and of the Swiss Const.i.tution previous to 1847. It was tried in America for a few years immediately following the War of Independence. The other principle is that of the existing Const.i.tution of the United States, and has been adopted within the last dozen years by the Swiss Confederacy. The Federal Congress of the American Union is a substantive part of the government of every individual state. Within the limits of its attributions, it makes laws which are obeyed by every citizen individually, executes them through its own officers, and enforces them by its own tribunals. This is the only principle which has been found, or which is ever likely to produce an effective federal government. A union between the governments only is a mere alliance, and subject to all the contingencies which render alliances precarious. If the acts of the President and of Congress were binding solely on the governments of New York, Virginia, or Pennsylvania, and could only be carried into effect through orders issued by those governments to officers appointed by them, under responsibility to their own courts of justice, no mandates of the federal government which were disagreeable to a local majority would ever be executed. Requisitions issued to a government have no other sanction or means of enforcement than war, and a federal army would have to be always in readiness to enforce the decrees of the federation against any recalcitrant state, subject to the probability that other states, sympathizing with the recusant, and perhaps sharing its sentiments on the particular point in dispute, would withhold their contingents, if not send them to fight in the ranks of the disobedient State. Such a federation is more likely to be a cause than a preventive of internal wars; and if such was not its effect in Switzerland until the events of the years immediately preceding 1847, it was only because the federal government felt its weakness so strongly that it hardly ever attempted to exercise any real authority. In America, the experiment of a federation on this principle broke down in the first few years of its existence, happily while the men of enlarged knowledge and acquired ascendancy who founded the independence of the Republic were still alive to guide it through the difficult transition. The "Federalist," a collection of papers by three of these eminent men, written in explanation and defense of the new federal Const.i.tution while still awaiting the national acceptance, is even now the most instructive treatise we possess on federal government. In Germany, the more imperfect kind of federation, as all know, has not even answered the purpose of maintaining an alliance. It has never, in any European war, prevented single members of the confederation from allying themselves with foreign powers against the rest. Yet this is the only federation which seems possible among monarchical states. A king, who holds his power by inheritance, not by delegation, and who can not be deprived of it, nor made responsible to any one for its use, is not likely to renounce having a separate army, or to brook the exercise of sovereign authority over his own subjects, not through him, but directly by another power. To enable two or more countries under kingly government to be joined together in an effectual confederation, it seems necessary that they should all be under the same king. England and Scotland were a federation of this description during the interval of about a century between the union of the crowns and that of the Parliaments. Even this was effective, not through federal inst.i.tutions, for none existed, but because the regal power in both Const.i.tutions was so nearly absolute as to enable the foreign policy of both to be shaped according to a single will.

Under the more perfect mode of federation, where every citizen of each particular state owes obedience to two governments, that of his own state and that of the federation, it is evidently necessary not only that the const.i.tutional limits of the authority of each should be precisely and clearly defined, but that the power to decide between them in any case of dispute should not reside in either of the governments, or in any functionary subject to it, but in an umpire independent of both. There must be a Supreme Court of Justice, and a system of subordinate courts in every state of the Union, before whom such questions shall be carried, and whose judgment on them, in the last stage of appeal, shall be final. Every state of the Union, and the federal government itself, as well as every functionary of each, must be liable to be sued in those courts for exceeding their powers, or for non-performance of their federal duties, and must in general be obliged to employ those courts as the instrument for enforcing their federal rights. This involves the remarkable consequence, actually realized in the United States, that a court of justice, the highest federal tribunal, is supreme over the various governments, both state and federal, having the right to declare that any law made, or act done by them, exceeds the powers a.s.signed to them by the federal Const.i.tution, and, in consequence, has no legal validity. It was natural to feel strong doubts, before trial had been made, how such a provision would work; whether the tribunal would have the courage to exercise its const.i.tutional power; if it did, whether it would exercise it wisely, and whether the governments would consent to submit peaceably to its decision. The discussions on the American Const.i.tution, before its final adoption, give evidence that these natural apprehensions were strongly felt; but they are now entirely quieted, since, during the two generations and more which have subsequently elapsed, nothing has occurred to verify them, though there have at times been disputes of considerable acrimony, and which became the badges of parties, respecting the limits of the authority of the federal and state governments. The eminently beneficial working of so singular a provision is probably, as M. de Tocqueville remarks, in a great measure attributable to the peculiarity inherent in a court of justice acting as such-namely, that it does not declare the law eo nomine and in the abstract, but waits until a case between man and man is brought before it judicially, involving the point in dispute; from which arises the happy effect that its declarations are not made in a very early stage of the controversy; that much popular discussion usually precedes them; that the Court decides after hearing the point fully argued on both sides by lawyers of reputation; decides only as much of the question at a time as is required by the case before it, and its decision, instead of being volunteered for political purposes, is drawn from it by the duty which it can not refuse to fulfil, of dispensing justice impartially between adverse litigants. Even these grounds of confidence would not have sufficed to produce the respectful submission with which all authorities have yielded to the decisions of the Supreme Court on the interpretation of the Const.i.tution, were it not that complete reliance has been felt, not only on the intellectual pre-eminence of the judges composing that exalted tribunal, but on their entire superiority over either private or sectional partialities. This reliance has been in the main justified; but there is nothing which more vitally imports the American people than to guard with the most watchful solicitude against every thing which has the remotest tendency to produce deterioration in the quality of this great national inst.i.tution. The confidence on which depends the stability of federal inst.i.tutions has been for the first time impaired by the judgment declaring slavery to be of common right, and consequently lawful in the Territories while not yet const.i.tuted as states, even against the will of a majority of their inhabitants. The main pillar of the American Const.i.tution is scarcely strong enough to bear many more such shocks.

The tribunals which act as umpires between the federal and the state governments naturally also decide all disputes between two states, or between a citizen of one state and the government of another. The usual remedies between nations, war and diplomacy, being precluded by the federal union, it is necessary that a judicial remedy should supply their place. The Supreme Court of the federation dispenses international law, and is the first great example of what is now one of the most prominent wants of civilized society, a real international tribunal.

The powers of a federal government naturally extend not only to peace and war, and all questions which arise between the country and foreign governments, but to making any other arrangements which are, in the opinion of the states, necessary to their enjoyment of the full benefits of union. For example, it is a great advantage to them that their mutual commerce should be free, without the impediment of frontier duties and custom-houses. But this internal freedom can not exist if each state has the power of fixing the duties on interchange of commodities between itself and foreign countries, since every foreign product let in by one state would be let into all the rest; and hence all custom duties and trade regulations in the United States are made or repealed by the federal government exclusively. Again, it is a great convenience to the states to have but one coinage, and but one system of weights and measures, which can only be insured if the regulation of these matters is intrusted to the federal government. The certainty and celerity of post-office communication is impeded, and its expense increased, if a letter has to pa.s.s through half a dozen sets of public offices, subject to different supreme authorities: it is convenient, therefore, that all post-offices should be under the federal government; but on such questions the feelings of different communities are liable to be different. One of the American states, under the guidance of a man who has displayed powers as a speculative political thinker superior to any who has appeared in American politics since the authors of the "Federalist," [10] claimed a veto for each state on the custom laws of the federal Congress; and that statesman, in a posthumous work of great ability, which has been printed and widely circulated by the Legislature of South Carolina, vindicated this pretension on the general principle of limiting the tyranny of the majority, and protecting minorities by admitting them to a substantial partic.i.p.ation in political power. One of the most disputed topics in American politics during the early part of this century was whether the power of the federal government ought to extend, and whether by the Const.i.tution it did extend, to making roads and ca.n.a.ls at the cost of the Union. It is only in transactions with foreign powers that the authority of the federal government is of necessity complete. On every other subject the question depends on how closely the people in general wish to draw the federal tie; what portion of their local freedom of action they are willing to surrender, in order to enjoy more fully the benefit of being one nation.

Respecting the fitting const.i.tution of a federal government within itself, much need not be said. It of course consists of a legislative branch and an executive, and the const.i.tution of each is amenable to the same principles as that of representative governments generally. As regards the mode of adapting these general principles to a federal government, the provision of the American Const.i.tution seems exceedingly judicious, that Congress should consist of two houses, and that while one of them is const.i.tuted according to population, each state being ent.i.tled to representatives in the ratio of the number of its inhabitants, the other should represent not the citizens, but the state governments, and every state, whether large or small, should be represented in it by the same number of members. This provision precludes any undue power from being exercised by the more powerful states over the rest, and guarantees the reserved rights of the state governments by making it impossible, as far as the mode of representation can prevent, that any measure should pa.s.s Congress unless approved not only by a majority of the citizens, but by a majority of the states. I have before adverted to the further incidental advantage obtained of raising the standard of qualifications in one of the houses. Being nominated by select bodies, the Legislatures of the various states, whose choice, for reasons already indicated, is more likely to fall on eminent men than any popular election-who have not only the power of electing such, but a strong motive to do so, because the influence of their state in the general deliberations must be materially affected by the personal weight and abilities of its representatives-the Senate of the United States, thus chosen, has always contained nearly all the political men of established and high reputation in the Union; while the Lower House of Congress has, in the opinion of competent observers, been generally as remarkable for the absence of conspicuous personal merit, as the Upper House for its presence.

When the conditions exist for the formation of efficient and durable federal unions, the multiplication of them is always a benefit to the world. It has the same salutary effect as any other extension of the practice of co-operation, through which the weak, by uniting, can meet on equal terms with the strong. By diminishing the number of those petty states which are not equal to their own defense, it weakens the temptations to an aggressive policy, whether working directly by arms, or through the prestige of superior power. It of course puts an end to war and diplomatic quarrels, and usually also to restrictions on commerce, between the states composing the Union; while, in reference to neighboring nations, the increased military strength conferred by it is of a kind to be almost exclusively available for defensive, scarcely at all for aggressive purposes. A federal government has not a sufficiently concentrated authority to conduct with much efficiency any war but one of self-defense, in which it can rely on the voluntary co-operation of every citizen; nor is there any thing very flattering to national vanity or ambition in acquiring, by a successful war, not subjects, nor even fellow-citizens, but only new, and perhaps troublesome independent members of the confederation. The warlike proceedings of the Americans in Mexico was purely exceptional, having been carried on princ.i.p.ally by volunteers, under the influence of the migratory propensity which prompts individual Americans to possess themselves of unoccupied land, and stimulated, if by any public motive, not by that of national aggrandizement, but by the purely sectional purpose of extending slavery. There are few signs in the proceedings of Americans, nationally or individually, that the desire of territorial acquisition for their country as such has any considerable power over them. Their hankering after Cuba is, in the same manner, merely sectional, and the Northern States, those opposed to slavery, have never in any way favored it.

The question may present itself (as in Italy at its present uprising) whether a country which is determined to be united should form a complete or a merely federal union. The point is sometimes necessarily decided by the mere territorial magnitude of the united whole. There is a limit to the extent of country which can advantageously be governed, or even whose government can be conveniently superintended from a single centre. There are vast countries so governed; but they, or at least their distant provinces, are in general deplorably ill administered, and it is only when the inhabitants are almost savages that they could not manage their affairs better separately. This obstacle does not exist in the case of Italy, the size of which does not come up to that of several very efficiently governed single states in past and present times. The question then is, whether the different parts of the nation require to be governed in a way so essentially different that it is not probable the same Legislature, and the same ministry or administrative body, will give satisfaction to them all. Unless this be the case, which is a question of fact, it is better for them to be completely united. That a totally different system of laws and very different administrative inst.i.tutions may exist in two portions of a country without being any obstacle to legislative unity, is proved by the case of England and Scotland. Perhaps, however, this undisturbed coexistence of two legal systems under one united Legislature, making different laws for the two sections of the country in adaptation to the previous differences, might not be so well preserved, or the same confidence might not be felt in its preservation, in a country whose legislators are more possessed (as is apt to be the case on the Continent) with the mania for uniformity. A people having that unbounded toleration which is characteristic of this country for every description of anomaly, so long as those whose interests it concerns do not feel aggrieved by it, afforded an exceptionally advantageous field for trying this difficult experiment. In most countries, if it was an object to retain different systems of law, it might probably be necessary to retain distinct legislatures as guardians of them, which is perfectly compatible with a national Parliament and king, or a national Parliament without a king, supreme over the external relations of all the members of the body.

Whenever it is not deemed necessary to maintain permanently, in the different provinces, different systems of jurisprudence, and fundamental inst.i.tutions grounded on different principles, it is always practicable to reconcile minor diversities with the maintenance of unity of government. All that is needful is to give a sufficiently large sphere of action to the local authorities. Under one and the same central government there may be local governors, and provincial a.s.semblies for local purposes. It may happen, for instance, that the people of different provinces may have preferences in favor of different modes of taxation. If the general Legislature could not be depended on for being guided by the members for each province in modifying the general system of taxation to suit that province, the Const.i.tution might provide that as many of the expenses of the government as could by any possibility be made local should be defrayed by local rates imposed by the provincial a.s.semblies, and that those which must of necessity be general, such as the support of an army and navy, should, in the estimates for the year, be apportioned among the different provinces according to some general estimate of their resources, the amount a.s.signed to each being levied by the local a.s.sembly on the principles most acceptable to the locality, and paid en bloc into the national treasury. A practice approaching to this existed even in the old French monarchy, so far as regarded the pays d'etats, each of which, having consented or been required to furnish a fixed sum, was left to a.s.sess it upon the inhabitants by its own officers, thus escaping the grinding despotism of the royal intendants and subdelegues; and this privilege is always mentioned as one of the advantages which mainly contributed to render them, as some of them were, the most flourishing provinces of France.

Ident.i.ty of central government is compatible with many different degrees of centralisation, not only administrative, but even legislative. A people may have the desire and the capacity for a closer union than one merely federal, while yet their local peculiarities and antecedents render considerable diversities desirable in the details of their government. But if there is a real desire on all hands to make the experiment successful, there needs seldom be any difficulty in not only preserving these diversities, but giving them the guaranty of a const.i.tutional provision against any attempt at a.s.similation except by the voluntary act of those who would be affected by the change.

Chapter XVIII-Of the Government of Dependencies by a Free State.

Free states, like all others, may possess dependencies, acquired either by conquest or by colonization, and our own is the greatest instance of the kind in modern history. It is a most important question how such dependencies ought to be governed.

It is unnecessary to discuss the case of small posts, like Gibraltar, Aden, or Heligoland, which are held only as naval or military positions. The military or naval object is in this case paramount, and the inhabitants can not, consistently with it, be admitted to the government of the place, though they ought to be allowed all liberties and privileges compatible with that restriction, including the free management of munic.i.p.al affairs, and, as a compensation for being locally sacrificed to the convenience of the governing state, should be admitted to equal rights with its native subjects in all other parts of the empire.

Outlying territories of some size and population, which are held as dependencies, that is, which are subject, more or less, to acts of sovereign power on the part of the paramount country, without being equally represented (if represented at all) in its Legislature, may be divided into two cla.s.ses. Some are composed of people of similar civilization to the ruling country, capable of, and ripe for, representative government, such as the British possessions in America and Australia. Others, like India, are still at a great distance from that state.

In the case of dependencies of the former cla.s.s, this country has at length realized, in rare completeness, the true principle of government. England has always felt under a certain degree of obligation to bestow on such of her outlying populations as were of her own blood and language, and on some who were not, representative inst.i.tutions formed in imitation of her own; but, until the present generation, she has been on the same bad level with other countries as to the amount of self-government which she allowed them to exercise through the representative inst.i.tutions that she conceded to them. She claimed to be the supreme arbiter even of their purely internal concerns, according to her own, not their ideas of how those concerns could be best regulated. This practice was a natural corollary from the vicious theory of colonial policy-once common to all Europe, and not yet completely relinquished by any other people-which regarded colonies as valuable by affording markets for our commodities that could be kept entirely to ourselves; a privilege we valued so highly that we thought it worth purchasing by allowing to the colonies the same monopoly of our market for their own productions which we claimed for our commodities in theirs. This notable plan for enriching them and ourselves by making each pay enormous sums to the other, dropping the greatest part by the way, has been for some time abandoned. But the bad habit of meddling in the internal government of the colonies did not at once die out when we relinquished the idea of making any profit by it. We continued to torment them, not for any benefit to ourselves, but for that of a section or faction among the colonists; and this persistence in domineering cost us a Canadian rebellion before we had the happy thought of giving it up. England was like an ill brought-up elder brother, who persists in tyrannizing over the younger ones from mere habit, till one of them, by a spirited resistance, though with unequal strength, gives him notice to desist. We were wise enough not to require a second warning. A new era in the colonial policy of nations began with Lord Durham's Report; the imperishable memorial of that n.o.bleman's courage, patriotism, and enlightened liberality, and of the intellect and practical sagacity of its joint authors, Mr. Wakefield and the lamented Charles Buller. [11]

It is now a fixed principle of the policy of Great Britain, professed in theory and faithfully adhered to in practice, that her colonies of European race, equally with the parent country, possess the fullest measure of internal self-government. They have been allowed to make their own free representative const.i.tutions by altering in any manner they thought fit the already very popular const.i.tutions which we had given them. Each is governed by its own Legislature and executive, const.i.tuted on highly democratic principles. The veto of the crown and of Parliament, though nominally reserved, is only exercised (and that very rarely) on questions which concern the empire, and not solely the particular colony. How liberal a construction has been given to the distinction between imperial and colonial questions is shown by the fact that the whole of the unappropriated lands in the regions behind our American and Australian colonies have been given up to the uncontrolled disposal of the colonial communities, though they might, without injustice, have been kept in the hands of the imperial government, to be administered for the greatest advantage of future emigrants from all parts of the empire. Every colony has thus as full power over its own affairs as it could have if it were a member of even the loosest federation, and much fuller than would belong to it under the Const.i.tution of the United States, being free even to tax at its pleasure the commodities imported from the mother country. Their union with Great Britain is the slightest kind of federal union; but not a strictly equal federation, the mother country retaining to itself the powers of a federal government, though reduced in practice to their very narrowest limits. This inequality is, of course, as far as it goes, a disadvantage to the dependencies, which have no voice in foreign policy, but are bound by the decisions of the superior country. They are compelled to join England in war without being in any way consulted previous to engaging in it.

Those (now happily not a few) who think that justice is as binding on communities as it is on individuals, and that men are not warranted in doing to other countries, for the supposed benefit of their own country, what they would not be justified in doing to other men for their own benefit, feel even this limited amount of const.i.tutional subordination on the part of the colonies to be a violation of principle, and have often occupied themselves in looking out for means by which it may be avoided. With this view it has been proposed by some that the colonies should return representatives to the British Legislature, and by others that the powers of our own, as well as of their Parliaments, should be confined to internal policy, and that there should be another representative body for foreign and imperial concerns, in which last the dependencies of Great Britain should be represented in the same manner, and with the same completeness as Great Britain itself. On this system there would be a perfectly equal federation between the mother country and her colonies, then no longer dependencies.

The feelings of equity and conceptions of public morality from which these suggestions emanate are worthy of all praise, but the suggestions themselves are so inconsistent with rational principles of government that it is doubtful if they have been seriously accepted as a possibility by any reasonable thinker. Countries separated by half the globe do not present the natural conditions for being under one government, or even members of one federation. If they had sufficiently the same interests, they have not, and never can have, a sufficient habit of taking council together. They are not part of the same public; they do not discuss and deliberate in the same arena, but apart, and have only a most imperfect knowledge of what pa.s.ses in the minds of one another. They neither know each other's objects, nor have confidence in each other's principles of conduct. Let any Englishman ask himself how he should like his destinies to depend on an a.s.sembly of which one third was British American, and another third South African and Australian. Yet to this it must come if there were any thing like fair or equal representation; and would not every one feel that the representatives of Canada and Australia, even in matters of an imperial character, could not know or feel any sufficient concern for the interests, opinions, or wishes of English, Irish, and Scotch? Even for strictly federative purposes the conditions do not exist which we have seen to be essential to a federation. England is sufficient for her own protection without the colonies, and would be in a much stronger, as well as more dignified position, if separated from them, than when reduced to be a single member of an American, African, and Australian confederation. Over and above the commerce which she might equally enjoy after separation, England derives little advantage, except in prestige, from her dependencies, and the little she does derive is quite outweighed by the expense they cost her, and the dissemination they necessitate of her naval and military force, which, in case of war, or any real apprehension of it, requires to be double or treble what would be needed for the defense of this country alone.

But, though Great Britain could do perfectly well without her colonies, and though, on every principle of morality and justice, she ought to consent to their separation, should the time come when, after full trial of the best form of union, they deliberately desire to be dissevered, there are strong reasons for maintaining the present slight bond of connection so long as not disagreeable to the feelings of either party. It is a step, as far as it goes, towards universal peace and general friendly co-operation among nations. It renders war impossible among a large number of otherwise independent communities, and, moreover, hinders any of them from being absorbed into a foreign state, and becoming a source of additional aggressive strength to some rival power, either more despotic or closer at hand, which might not always be so unambitious or so pacific as Great Britain. It at least keeps the markets of the different countries open to one another, and prevents that mutual exclusion by hostile tariffs which none of the great communities of mankind except England have yet outgrown. And in the case of the British possessions it has the advantage, especially valuable at the present time, of adding to the moral influence and weight in the councils of the world of the power which, of all in existence, best understands liberty-and, whatever may have been its errors in the past, has attained to more of conscience and moral principle in its dealings with foreigners than any other great nation seems either to conceive as possible or recognize as desirable. Since, then, the union can only continue, while it does continue, on the footing of an unequal federation, it is important to consider by what means this small amount of inequality can be prevented from being either onerous or humiliating to the communities occupying the less exalted position.

The only inferiority necessarily inherent in the case is that the mother country decides, both for the colonies and for herself, on questions of peace and war. They gain, in return, the obligation on the mother country to repel aggressions directed against them; but, except when the minor community is so weak that the protection of a stronger power is indispensable to it, reciprocity of obligation is not a full equivalent for non-admission to a voice in the deliberations. It is essential, therefore, that in all wars, save those which, like the Caffre or New Zealand wars, are incurred for the sake of the particular colony, the colonists should not (without their own voluntary request) be called on to contribute any thing to the expense except what may be required for the specific local defense of their ports, sh.o.r.es, and frontiers against invasion. Moreover, as the mother country claims the privilege, at her sole discretion, of taking measures or pursuing a policy which may expose them to attack, it is just that she should undertake a considerable portion of the cost of their military defense even in time of peace; the whole of it, so far as it depends upon a standing army.

But there is a means, still more effectual than these, by which, and in general by which alone, a full equivalent can be given to a smaller community for sinking its individuality, as a substantive power among nations, in the greater individuality of a wide and powerful empire. This one indispensable, and, at the same time, sufficient expedient, which meets at once the demands of justice and the growing exigencies of policy, is to open the service of government in all its departments, and in every part of the empire, on perfectly equal terms, to the inhabitants of the colonies. Why does no one ever hear a breath of disloyalty from the Islands in the British Channel? By race, religion, and geographical position they belong less to England than to France; but, while they enjoy, like Canada and New South Wales, complete control over their internal affairs and their taxation, every office or dignity in the gift of the crown is freely open to the native of Guernsey or Jersey. Generals, admirals, peers of the United Kingdom are made, and there is nothing which hinders prime ministers to be made from those insignificant islands. The same system was commenced in reference to the colonies generally by an enlightened colonial secretary, too early lost, Sir William Molesworth, when he appointed Mr. Hinckes, a leading Canadian politician, to a West Indian government. It is a very shallow view of the springs of political action in a community which thinks such things unimportant because the number of those in a position actually to profit by the concession might not be very considerable. That limited number would be composed precisely of those who have most moral power over the rest; and men are not so dest.i.tute of the sense of collective degradation as not to feel the withholding of an advantage from even one person, because of a circ.u.mstance which they all have in common with him, an affront to all. If we prevent the leading men of a community from standing forth to the world as its chiefs and representatives in the general councils of mankind, we owe it both to their legitimate ambition and to the just pride of the community to give them in return an equal chance of occupying the same prominent position in a nation of greater power and importance. Were the whole service of the British crown opened to the natives of the Ionian Islands, we should hear no more of the desire for union with Greece. Such a union is not desirable for the people, to whom it would be a step backward in civilization; but it is no wonder if Corfu, which has given a minister of European reputation to the Russian Empire, and a president to Greece itself before the arrival of the Bavarians, should feel it a grievance that its people are not admissable to the highest posts in some government or other.

Thus far of the dependencies whose population is in a sufficiently advanced state to be fitted for representative government; but there are others which have not attained that state, and which, if held at all, must be governed by the dominant country, or by persons delegated for that purpose by it. This mode of government is as legitimate as any other, if it is the one which in the existing state of civilization of the subject people most facilitates their transition to a higher stage of improvement. There are, as we have already seen, conditions of society in which a vigorous despotism is in itself the best mode of government for training the people in what is specifically wanting to render them capable of a higher civilization. There are others, in which the mere fact of despotism has indeed no beneficial effect, the lessons which it teaches having already been only too completely learned, but in which, there being no spring of spontaneous improvement in the people themselves, their almost only hope of making any steps in advance depends on the chances of a good despot. Under a native despotism, a good despot is a rare and transitory accident; but when the dominion they are under is that of a more civilized people, that people ought to be able to supply it constantly. The ruling country ought to be able to do for its subjects all that could be done by a succession of absolute monarchs, guaranteed by irresistible force against the precariousness of tenure attendant on barbarous despotisms, and qualified by their genius to antic.i.p.ate all that experience has taught to the more advanced nation. Such is the ideal rule of a free people over a barbarous or semi-barbarous one. We need not expect to see that ideal realized; but, unless some approach to it is, the rulers are guilty of a dereliction of the highest moral trust which can devolve upon a nation; and if they do not even aim at it, they are selfish usurpers, on a par in criminality with any of those whose ambition and rapacity have sported from age to age with the destiny of ma.s.ses of mankind.

As it is already a common, and is rapidly tending to become the universal condition of the more backward populations to be either held in direct subjection by the more advanced, or to be under their complete political ascendancy, there are in this age of the world few more important problems than how to organize this rule, so as to make it a good instead of an evil to the subject people, providing them with the best attainable present government, and with the conditions most favorable to future permanent improvement. But the mode of fitting the government for this purpose is by no means so well understood as the conditions of good government in a people capable of governing themselves. We may even say that it is not understood at all.

The thing appears perfectly easy to superficial observers. If India (for example) is not fit to govern itself, all that seems to them required is that there should be a minister to govern it, and that this minister, like all other British ministers, should be responsible to the British Parliament. Unfortunately this, though the simplest mode of attempting to govern a dependency, is about the worst, and betrays in its advocates a total want of comprehension of the conditions of good government. To govern a country under responsibility to the people of that country, and to govern one country under responsibility to the people of another, are two very different things. What makes the excellence of the first is, that freedom is preferable to despotism: but the last is despotism. The only choice the case admits is a choice of despotisms, and it is not certain that the despotism of twenty millions is necessarily better than that of a few or of one; but it is quite certain that the despotism of those who neither hear, nor see, nor know any thing about their subjects, has many chances of being worse than that of those who do. It is not usually thought that the immediate agents of authority govern better because they govern in the name of an absent master, and of one who has a thousand more pressing interests to attend to. The master may hold them to a strict responsibility, enforced by heavy penalties, but it is very questionable if those penalties will often fall in the right place.

It is always under great difficulties, and very imperfectly, that a country can be governed by foreigners, even when there is no extreme disparity in habits and ideas between the rulers and the ruled. Foreigners do not feel with the people. They can not judge, by the light in which a thing appears to their own minds, or the manner in which it affects their feelings, how it will affect the feelings or appear to the minds of the subject population. What a native of the country, of average practical ability, knows as it were by instinct, they have to learn slowly, and, after all, imperfectly, by study and experience. The laws, the customs, the social relations for which they have to legislate, instead of being familiar to them from childhood, are all strange to them. For most of their detailed knowledge they must depend on the information of natives, and it is difficult for them to know whom to trust. They are feared, suspected, probably disliked by the population; seldom sought by them except for interested purposes; and they are p.r.o.ne to think that the servilely submissive are the trustworthy. Their danger is of despising the natives; that of the natives is, of disbelieving that any thing the strangers do can be intended for their good. These are but a part of the difficulties that any rulers have to struggle with, who honestly attempt to govern well a country in which they are foreigners. To overcome these difficulties in any degree will always be a work of much labor, requiring a very superior degree of capacity in the chief administrators, and a high average among the subordinates; and the best organization of such a government is that which will best insure the labor, develop the capacity, and place the highest specimens of it in the situations of greatest trust. Responsibility to an authority which has gone through none of the labor, acquired none of the capacity, and for the most part is not even aware that either, in any peculiar degree, is required, can not be regarded as a very effectual expedient for accomplishing these ends.

The government of a people by itself has a meaning and a reality, but such a thing as government of one people by another does not and can not exist. One people may keep another as a warren or preserve for its own use, a place to make money in, a human-cattle farm to be worked for the profit of its own inhabitants; but if the good of the governed is the proper business of a government, it is utterly impossible that a people should directly attend to it. The utmost they can do is to give some of their best men a commission to look after it, to whom the opinion of their own country can neither be much of a guide in the performance of their duty, nor a competent judge of the mode in which it has been performed. Let any one consider how the English themselves would be governed if they knew and cared no more about their own affairs than they know and care about the affairs of the Hindoos. Even this comparison gives no adequate idea of the state of the case; for a people thus indifferent to politics altogether would probably be simply acquiescent, and let the government alone; whereas in the case of India, a politically active people like the English, amid habitual acquiescence, are every now and then interfering, and almost always in the wrong place. The real causes which determine the prosperity or wretchedness, the improvement or deterioration of the Hindoos, are too far off to be within their ken. They have not the knowledge necessary for suspecting the existence of those causes, much less for judging of their operation. The most essential interests of the country may be well administered without obtaining any of their approbation, or mismanaged to almost any excess without attracting their notice. The purposes for which they are princ.i.p.ally tempted to interfere, and control the proceedings of their delegates, are of two kinds. One is to force English ideas down the throats of the natives; for instance, by measures of proselytism, or acts intentionally or unintentionally offensive to the religious feelings of the people. This misdirection of opinion in the ruling country is instructively exemplified (the more so, because nothing is meant but justice and fairness, and as much impartiality as can be expected from persons really convinced) by the demand now so general in England for having the Bible taught, at the option of pupils or of their parents, in the government schools. From the European point of view nothing can wear a fairer aspect, or seem less open to objection on the score of religious freedom. To Asiatic eyes it is quite another thing. No Asiatic people ever believes that a government puts its paid officers and official machinery into motion unless it is bent upon an object; and when bent on an object, no Asiatic believes that any government, except a feeble and contemptible one, pursues it by halves. If government schools and schoolmasters taught Christianity, whatever pledges might be given of teaching it only to those who spontaneously sought it, no amount of evidence would ever persuade the parents that improper means were not used to make their children Christians, or, at all events, outcasts from Hindooism. If they could, in the end, be convinced of the contrary, it would only be by the entire failure of the schools, so conducted, to make any converts. If the teaching had the smallest effect in promoting its object, it would compromise not only the utility and even existence of the government education, but perhaps the safety of the government itself. An English Protestant would not be easily induced, by disclaimers of proselytism, to place his children in a Roman Catholic seminary; Irish Catholics will not send their children to schools in which they can be made Protestants; and we expect that Hindoos, who believe that the privileges of Hindooism can be forfeited by a merely physical act, will expose theirs to the danger of being made Christians!

Such is one of the modes in which the opinion of the dominant country tends to act more injuriously than beneficially on the conduct of its deputed governors. In other respects, its interference is likely to be oftenest exercised where it will be most pertinaciously demanded, and that is, on behalf of some interest of the English settlers. English settlers have friends at home, have organs, have access to the public; they have a common language, and common ideas with their countrymen; any complaint by an Englishman is more sympathetically heard, even if no unjust preference is intentionally accorded to it. Now if there be a fact to which all experience testifies, it is that, when a country holds another in subjection, the individuals of the ruling people who resort to the foreign country to make their fortunes are of all others those who most need to be held under powerful restraint. They are always one of the chief difficulties of the government. Armed with the prestige and filled with the scornful overbearingness of the conquering nation, they have the feelings inspired by absolute power without its sense of responsibility. Among a people like that of India, the utmost efforts of the public authorities are not enough for the effectual protection of the weak against the strong; and of all the strong, the European settlers are the strongest. Wherever the demoralizing effect of the situation is not in a most remarkable degree corrected by the personal character of the individual, they think the people of the country mere dirt under their feet: it seems to them monstrous that any rights of the natives should stand in the way of their smallest pretensions; the simplest act of protection to the inhabitants against any act of power on their part which they may consider useful to their commercial objects they denounce, and sincerely regard as an injury. So natural is this state of feeling in a situation like theirs, that, even under the discouragement which it has. .h.i.therto met with from the ruling authorities, it is impossible that more or less of the spirit should not perpetually break out. The government, itself free from this spirit, is never able sufficiently to keep it down in the young and raw even of its own civil and military officers, over whom it has so much more control than over the independent residents. As it is with the English in India, so, according to trustworthy testimony, it is with the French in Algiers; so with the Americans in the countries conquered from Mexico; so it seems to be with the Europeans in China, and already even in j.a.pan: there is no necessity to recall how it was with the Spaniards in South America. In all these cases, the government to which these private adventurers are subject is better than they, and does the most it can to protect the natives against them. Even the Spanish government did this, sincerely and earnestly, though ineffectually, as is known to every reader of Mr. Helps' instructive history. Had the Spanish government been directly accountable to Spanish opinion, we may question if it would have made the attempt, for the Spaniards, doubtless, would have taken part with their Christian friends and relations rather than with pagans. The settlers, not the natives, have the ear of the public at home; it is they whose representations are likely to pa.s.s for truth, because they alone have both the means and the motive to press them perseveringly upon the inattentive and uninterested public mind. The distrustful criticism with which Englishmen, more than any other people, are in the habit of scanning the conduct of their country towards foreigners, they usually reserve for the proceedings of the public authorities. In all questions between a government and an individual, the presumption in every Englishman's mind is that the government is in the wrong. And when the resident English bring the batteries of English political action to bear upon any of the bulwarks erected to protect the natives against their encroachments, the executive, with their real but faint velleities of something better, generally find it safer to their Parliamentary interest, and, at any rate, less troublesome, to give up the disputed position than to defend it.

What makes matters worse is that, when the public mind is invoked (as, to its credit, the English mind is extremely open to be) in the name of justice and philanthropy in behalf of the subject community or race, there is the same probability of its missing the mark; for in the subject community also there are oppressors and oppressed-powerful individuals or cla.s.ses, and slaves prostrate before them; and it is the former, not the latter, who have the means of access to the English public. A tyrant or sensualist who has been deprived of the power he had abused, and, instead of punishment, is supported in as great wealth and splendor as he ever enjoyed; a knot of privileged landholders, who demand that the state should relinquish to them its reserved right to a rent from their lands, or who resent as a wrong any attempt to protect the ma.s.ses from their extortion-these have no difficulty in procuring interested or sentimental advocacy in the British Parliament and press. The silent myriads obtain none.

The preceding observations exemplify the operation of a principle-which might be called an obvious one, were it not that scarcely anybody seems to be aware of it-that, while responsibility to the governed is the greatest of all securities for good government, responsibility to somebody else not only has no such tendency, but is as likely to produce evil as good. The responsibility of the British rulers of India to the British nation is chiefly useful because, when any acts of the government are called in question, it insures publicity and discussion; the utility of which does not require that the public at large should comprehend the point at issue, provided there are any individuals among them who do; for a merely moral responsibility not being responsibility to the collective people, but to every separate person among them who forms a judgment, opinions may be weighed as well as counted, and the approbation or disapprobation of one person well versed in the subject may outweigh that of thousands who know nothing about it at all. It is doubtless a useful restraint upon the immediate rulers that they can be put upon their defense, and that one or two of the jury will form an opinion worth having about their conduct, though that of the remainder will probably be several degrees worse than none. Such as it is, this is the amount of benefit to India from the control exercised over the Indian government by the British Parliament and people.

It is not by attempting to rule directly a country like India, but by giving it good rulers, that the English people can do their duty to that country; and they can scarcely give it a worse one than an English cabinet minister, who is thinking of English, not Indian politics; who does not remains long enough in office to acquire an intelligent interest in so complicated a subject; upon whom the fact.i.tious public opinion got up in Parliament, consisting of two or three fluent speakers, acts with as much force as if it were genuine; while he is under none of the influences of training and position which would lead or qualify him to form an honest opinion of his own. A free country which attempts to govern a distant dependency, inhabited by a dissimilar people, by means of a branch of its own executive, will almost inevitably fail. The only mode which has any chance of tolerable success is to govern through a delegated body of a comparatively permanent character, allowing only a right of inspection and a negative voice to the changeable administration of the state. Such a body did exist in the case of India; and I fear that both India and England will pay a severe penalty for the shortsighted policy by which this intermediate instrument of government was done away with.

It is of no avail to say that such a delegated body can not have all the requisites of good government; above all, can not have that complete and over-operative ident.i.ty of interest with the governed which it is so difficult to obtain even where the people to be ruled are in some degree qualified to look after their own affairs. Real good government is not compatible with the conditions of the case. There is but a choice of imperfections. The problem is, so to construct the governing body that, under the difficulties of the position, it shall have as much interest as possible in good government, and as little in bad. Now these conditions are best found in an intermediate body. A delegated administration has always this advantage over a direct one, that it has, at all events, no duty to perform except to the governed. It has no interests to consider except theirs. Its own power of deriving profit from misgovernment may be reduced-in the latest Const.i.tution of the East India Company it was reduced-to a singularly small amount; and it can be kept entirely clear of bias from the individual or cla.s.s interests of any one else. When the home government and Parliament are swayed by such partial influences in the exercise of the power reserved to them in the last resort, the intermediate body is the certain advocate and champion of the dependency before the imperial tribunal. The intermediate body, moreover, is, in the natural course of things, chiefly composed of persons who have acquired professional knowledge of this part of their country's concerns; who have been trained to it in the place itself, and have made its administration the main occupation of their lives. Furnished with these qualifications, and not being liable to lose their office from the accidents of home politics, they identify their character and consideration with their special trust, and have a much more permanent interest in the success of their administration, and in the prosperity of the country which they administer, than a member of a cabinet under a representative const.i.tution can possibly have in the good government of any country except the one which he serves. So far as the