Prose Masterpieces from Modern Essayists Part 4

In England, at the close of the great French war, the propertied cla.s.ses, who were supreme in Parliament, at once rebelled against the Tory Government, and refused to prolong the income tax even for a single year. We talked big, both then and now, about the payment of our national debt; but sixty-three years have since elapsed, all of them except two called years of peace, and we have reduced the huge total by about one ninth; that is to say, by little over one hundred millions, or scarcely more than one million and a half a year. This is the conduct of a State elaborately digested into orders and degrees, famed for wisdom and forethought, and consolidated by a long experience. But America continued long to bear, on her unaccustomed and still smarting shoulders, the burden of the war taxation. In twelve years she has reduced her debt by one hundred and fifty-eight millions sterling, or at the rate of thirteen millions for every year. In each twelve months she has done what we did in eight years; her self-command, self-denial, and wise forethought for the future have been, to say the least, eightfold ours. These are facts which redound greatly to her honor; and the historian will record with surprise that an enfranchised nation tolerated burdens which in this country a selected cla.s.s, possessed of the representation, did not dare to face, and that the most unmitigated democracy known to the annals of the world resolutely reduced at its own cost prospective liabilities of the State, which the aristocratic, and plutocratic, and monarchical government of the United Kingdom has been contented ign.o.bly to hand over to posterity. And such facts should be told out. It is our fashion so to tell them, against as well as for ourselves; and the record of them may some day be among the means of stirring us up to a policy more worthy of the name and fame of England.

It is true, indeed, that we lie under some heavy and, I fear, increasing disadvantages, which amount almost to disabilities. Not, however, any disadvantage respecting power, as power is commonly understood. But, while America has a nearly h.o.m.ogeneous country, and an admirable division of political labor between the States individually and the Federal Government, we are, in public affairs, an overcharged and overweighted people.[10]

We have undertaken the cares of empire upon a scale, and with a diversity, unexampled in history; and, as it has not yet pleased Providence to endow us with brain-force and animal strength in an equally abnormal proportion, the consequence is that we perform the work of government, as to many among its more important departments, in a very superficial and slovenly manner. The affairs of the three a.s.sociated kingdoms, with their great diversities of law, interest, and circ.u.mstance, make the government of them, even if they stood alone, a business more voluminous, so to speak, than that of any other thirty-three millions of civilized men. To lighten the cares of the central legislature by judicious devolution, it is probable that much might be done; but nothing is done, or even attempted to be done. The greater colonies have happily attained to a virtual self-government; yet the aggregate ma.s.s of business connected with our colonial possessions continues to be very large. The Indian Empire is of itself a charge so vast, and demanding so much thought and care, that if it were the sole transmarine appendage to the crown, it would amply tax the best ordinary stock of human energies. Notoriously it obtains from the Parliament only a small fraction of the attention it deserves. Questions affecting individuals, again, or small interests, or cla.s.ses, excite here a greater interest, and occupy a larger share of time, than, perhaps, in any other community. In no country, I may add, are the interests of persons or cla.s.ses so favored when they compete with those of the public; and in none are they more exacting, or more wakeful to turn this advantage to the best account. With the vast extension of our enterprise and our trade, comes a breadth of liability not less large, to consider every thing that is critical in the affairs of foreign states; and the real responsibilities thus existing for us, are unnaturally inflated for us by fast-growing tendencies toward exaggeration of our concern in these matters, and even toward setting up fict.i.tious interests in cases where none can discern them except ourselves, and such continental friends as practice upon our credulity and our fears for purposes of their own. Last of all, it is not to be denied that in what I have been saying, I do not represent the public sentiment. The nation is not at all conscious of being overdone. The people see that their House of Commons is the hardest-working legislative a.s.sembly in the world: and, this being so, they a.s.sume it is all right. Nothing pays better, in point of popularity, than those gratuitous additions to obligations already beyond human strength, which look like accessions or a.s.sertion of power; such as the annexation of new territory, or the silly transaction known as the purchase of shares in the Suez Ca.n.a.l.

All my life long I have seen this excess of work as compared with the power to do it; but the evil has increased with the surfeit of wealth, and there is no sign that the increase is near its end. The people of this country are a very strong people; but there is no strength that can permanently endure, without provoking inconvenient consequences, this kind of political debauch. It may be hoped, but it cannot be predicted, that the mischief will be encountered and subdued at the point where it will have become sensibly troublesome, but will not have grown to be quite irremediable.

The main and central point of interest, however, in the inst.i.tutions of a country is the manner in which it draws together and compounds the public forces in the balanced action of the State. It seems plain that the formal arrangements for this purpose in America are very different from ours. It may even be a question whether they are not, in certain respects, less popular; whether our inst.i.tutions do not give more rapid effect, than those of the Union, to any formed opinion, and resolved intention, of the nation.

In the formation of the Federal Government we seem to perceive three stages of distinct advancement. First, the formation of the Confederation, under the pressure of the War of Independence. Secondly, the Const.i.tution, which placed the Federal Government in defined and direct relation with the people inhabiting the several States. Thirdly, the struggle with the South, which for the first time, and definitely, decided that to the Union, through its Federal organization, and not to the State governments, were reserved all the questions not decided and disposed of by the express provisions of the Const.i.tution itself.[11]

The great _arcanum imperii_, which with us belongs to the three branches of the Legislature, and which is expressed by the current phrase, "omnipotence of Parliament," thus became the acknowledged property of the three branches of the Federal Legislature; and the old and respectable doctrine of State independence is now no more than an archaeological relic, a piece of historical antiquarianism. Yet the actual attributions of the State authorities cover by far the largest part of the province of government; and by this division of labor and authority, the problem of fixing for the nation a political centre of gravity is divested of a large part of its difficulty and danger, in some proportions to the limitations of the working precinct.

Within that precinct, the initiation as well as the final sanction in the great business of finance is made over to the popular branch of the Legislature, and a most interesting question arises upon the comparative merits of this arrangement, and of our method, which theoretically throws upon the Crown the responsibility of initiating public charge, and under which, until a recent period, our practice was in actual and even close correspondence with this theory.

We next come to a difference still more marked. The Federal Executive is born anew of the nation at the end of each four years, and dies at the end. But, during the course of those years, it is independent, in the person both of the President and of his Ministers, alike of the people, of their representatives, and of that remarkable body, the most remarkable of all the inventions of modern politics, the Senate of the United States. In this important matter, whatever be the relative excellencies and defects of the British and American systems, it is most certain that nothing would induce the people of this country, or even the Tory portion of them, to exchange our own for theirs. It may, indeed, not be obvious to the foreign eye what is the exact difference of the two. Both the representative chambers hold the power of the purse. But in America its conditions are such that it does not operate in any way on behalf of the Chamber or of the nation, as against the Executive. In England, on the contrary, its efficiency has been such that it has worked out for itself channels of effective operation, such as to dispense with its direct use, and avoid the inconveniences which might be attendant upon that use. A vote of the House of Commons, declaring a withdrawal of its confidence, has always sufficed for the purpose of displacing a Ministry; nay, persistent obstruction of its measures, and even lighter causes, have conveyed the hint, which has been obediently taken. But the people, how is it with them? Do not the people in England part with their power, and make it over to the House of Commons, as completely as the American people part with it to the President? They give it over for four years: we for a period which on the average is somewhat more: they, to resume it at a fixed time; we, on an unfixed contingency, and at a time which will finally be determined, not according to the popular will, but according to the views which a Ministry may entertain of its duty or convenience.

All this is true; but it is not the whole truth. In the United Kingdom, the people as such cannot commonly act upon the Ministry as such. But mediately, though not immediately, they gain the end: for they can work upon that which works upon the Ministry, namely, on the House of Commons. Firstly, they have not renounced, like the American people, the exercise of their power for a given time; and they are at all times free by speech, pet.i.tion, public meeting, to endeavor to get it back in full by bringing about a dissolution. Secondly, in a Parliament with nearly 660 members, vacancies occur with tolerable frequency; and, as they are commonly filled up forthwith, they continually modify the color of the Parliament, conformably, not to the past, but to the present feeling of the nation; or, at least, of the const.i.tuency, which for practical purposes is different indeed, yet not very different. But, besides exercising a limited positive influence on the present, they supply a much less limited indication of the future. Of the members who at a given time sit in the House of Commons, the vast majority, probably more than nine-tenths, have the desire to sit there again, after a dissolution which may come at any moment. They therefore study political weather-wisdom, and in varying degrees adapt themselves to the indications of the sky. It will now be readily perceived how the popular sentiment in England, so far as it is awake, is not meanly provided with the ways of making itself respected, whether for the purpose of displacing and replacing a Ministry, or of constraining it (as sometimes happens) to alter or reverse its policy sufficiently, at least, to conjure down the gathering and muttering storm.

It is true, indeed, that every nation is of necessity, to a great extent, in the condition of the sluggard with regard to public policy; hard to rouse, harder to keep aroused, sure after a little while to sink back into his slumber:--

"Pressitque jacentem Dulcis et alta quies, placidaeque simillima morti."

--aen., vi., 522.

The people have a vast, but an enc.u.mbered power; and, in their struggles with overweening authority, or with property, the excess of force, which they undoubtedly possess, is more than counterbalanced by the constant wakefulness of the adversary, by his knowledge of their weakness, and by his command of opportunity. But this is a fault lying rather in the conditions of human life than in political inst.i.tutions. There is no known mode of making attention and inattention equal in their results.

It is enough to say that in England, when the nation can attend, it can prevail. So we may say, then, that in the American Union the Federal Executive is independent for each four years both of the Congress and of the people. But the British Ministry is largely dependent on the people whenever the people firmly will it; and is always dependent on the House of Commons, except of course when it can safely and effectually appeal to the people.

So far, so good. But if we wish really to understand the manner in which the Queen's Government over the British Empire is carried on, we must now prepare to examine into some sharper contrasts than any which our path has yet brought into view. The power of the American Executive resides in the person of the actual President, and pa.s.ses from him to his successor. His Ministers, grouped around him, are the servants, not only of his office, but of his mind. The intelligence, which carries on the Government, has its main seat in him. The responsibility of failures is understood to fall on him; and it is round his head that success sheds its halo. The American Government is described truly as a Government composed of three members, of three powers distinct from one another. The English Government is likewise so described, not truly, but conventionally. For in the English Government there has gradually formed itself a fourth power, entering into and sharing the vitality of each of the other three, and charged with the business of holding them in harmony as they march.

This Fourth Power is the Ministry, or more properly the Cabinet. For the rest of the Ministry is subordinate and ancillary; and, though it largely shares in many departments the labors of the Cabinet, yet it has only a secondary and derivative share in the higher responsibilities. No account of the present British Const.i.tution is worth having which does not take this Fourth Power largely and carefully into view. And yet it is not a distinct power, made up of elements unknown to the other three; any more than a sphere contains elements other than those referable to the three co-ordinates, which determine the position of every point in s.p.a.ce. The Fourth Power is parasitical to the three others; and lives upon their life, without any separate existence. One portion of it forms a part, which may be termed an integral part, of the House of Lords, another of the House of Commons; and the two conjointly, nestling within the precinct of Royalty, form the inner Council of the Crown, a.s.suming the whole of its responsibilities, and in consequence wielding, as a rule, its powers. The Cabinet is the threefold hinge that connects together for action the British Const.i.tution of King or Queen, Lords and Commons. Upon it is concentrated the whole strain of the Government, and it const.i.tutes from day to day the true centre of gravity for the working system of the State, although the ultimate superiority of force resides in the representative chamber.

There is no statute or legal usage of this country which requires that the Ministers of the Crown should hold seats in the one or the other House of Parliament. It is perhaps upon this account that, while most of my countrymen would, as I suppose, declare it to be a becoming and convenient custom, yet comparatively few are aware how near the seat of life the observance lies, how closely it is connected with the equipoise and unity of the social forces. It is rarely departed from, even in an individual case; never, as far as my knowledge goes, on a wider scale.

From accidental circ.u.mstances it happened that I was Secretary of State between December 1845 and July 1846, without a seat in the House of Commons. This (which did not pa.s.s wholly without challenge) is, I believe, by much the most notable instance for the last fifty years; and it is only within the last fifty years that our Const.i.tutional system has completely settled down. Before the reform of Parliament it was always easy to find a place for a Minister excluded from his seat; as Sir Robert Peel for example, ejected from Oxford University, at once found refuge and repose at Tamworth. I desire to fix attention on the identification, in this country, of the Minister with the member of a House of Parliament.

It is, as to the House of Commons, especially, an inseparable and vital part of our system. The a.s.sociation of the Ministers with the Parliament, and through the House of Commons with the people, is the counterpart of their a.s.sociation as Ministers with the Crown and the prerogative. The decisions that they take are taken under the competing pressure of a bias this way and a bias that way, and strictly represent what is termed in mechanics the composition of forces. Upon them, thus placed, it devolves to provide that the House of Parliament shall loyally counsel and serve the Crown, and that the Crown shall act strictly in accordance with its obligations to the nation. I will not presume to say whether the adoption of the rule in America would or would not lay the foundation of a great change in the Federal Const.i.tution; but I am quite sure that the abrogation of it in England would either alter the form of government, or bring about a crisis.

That it conduces to the personal comfort of Ministers, I will not undertake to say. The various currents of political and social influences meet edgeways in their persons, much like the conflicting tides in St. George's Channel or the Straits of Dover; for, while they are the ultimate regulators of the relations between the Crown on the one side, and the people through the Houses of Parliament on the other, they have no authority vested in them to coerce or censure either way.

Their att.i.tude toward the Houses must always be that of deference; their language that of respect, if not submission. Still more must their att.i.tude and language toward the Sovereign be the same in principle, and yet more marked in form; and this, though upon them lies the ultimate responsibility of deciding what shall be done in the Crown's name in every branch of administration, and every department of policy, coupled only with the alternative of ceasing to be Ministers, if what they may advisedly deem the requisite power of action be denied them.

In the ordinary administration of the government, the Sovereign personally is, so to speak, behind the scenes; performing, indeed, many personal acts by the Sign-manual, or otherwise, but, in each and all of them, covered by the counter-signature or advice of Ministers, who stand between the august Personage and the people. There is, accordingly, no more power, under the form of our Const.i.tution, to a.s.sail the Monarch in his personal capacity, or to a.s.sail through him, the line of succession to the Crown, than there is at chess to put the king in check. In truth, a good deal, though by no means the whole, of the philosophy of the British Const.i.tution is represented in this central point of the wonderful game, against which the only reproach--the reproach of Lord Bacon--is that it is hardly a relaxation, but rather a serious tax upon the brain.

The Sovereign in England is the symbol of the nation's unity, and the apex of the social structure; the maker (with advice) of the laws; the supreme governor of the Church; the fountain of justice; the sole source of honor; the person to whom all military, all naval, all civil service is rendered. The Sovereign owns very large properties; receives and holds, in law, the entire revenue of the State; appoints and dismisses Ministers; makes treaties; pardons crime, or abates its punishment; wages war, or concludes peace; summons and dissolves the Parliament; exercises these vast powers for the most part without any specified restraint of law; and yet enjoys, in regard to these and every other function, an absolute immunity from consequences. There is no provision in the law of the United Empire, or in the machinery of the Const.i.tution, for calling the Sovereign to account; and only in one solitary and improbable, but perfectly defined, case--that of his submitting to the jurisdiction of the Pope--is he deprived by Statute of the Throne. Setting aside that peculiar exception, the offspring of a necessity still freshly felt when it was made, the Const.i.tution might seem to be founded on the belief of a real infallibility in its head.

Less, at any rate, cannot be said than this. Regal right has, since the Revolution of 1688, been expressly founded upon contract; and the breach of that contract destroys the t.i.tle to the allegiance of the subject.

But no provision, other than the general rule of hereditary succession, is made to meet either this case, or any other form of political miscarriage or misdeed. It seems as though the Genius of the Nation would not stain its lips by so much as the mere utterance of such a word; nor can we put this state of facts into language more justly than by saying that the Const.i.tution would regard the default of the Monarch, with his heirs, as the chaos of the State, and would simply trust to the inherent energies of the several orders of society for its legal reconstruction.

The original authorship of the representative system is commonly accorded to the English race. More clear and indisputable is its t.i.tle to the great political discovery of Const.i.tutional Kingship. And a very great discovery it is. Whether it is destined, in any future day, to minister in its integrity to the needs of the New World, it may be hard to say. In that important branch of its utility which is negative, it completely serves the purposes of the many strong and rising Colonies of Great Britain, and saves them all the perplexities and perils attendant upon successions to the headship of the Executive. It presents to them, as it does to us, the symbol of unity, and the object of all our political veneration, which we love to find rather in a person, than in an abstract ent.i.ty, like the State. But the Old World, at any rate, still is, and may long continue, to const.i.tute the living centre of civilization, and to hold the primacy of the race; and of this great society the several members approximate, in a rapidly extending series, to the practice and idea of Const.i.tutional Kingship. The chief States of Christendom, with only two exceptions, have, with more or less distinctness, adopted it. Many of them, both great and small, have thoroughly a.s.similated it to their system. The autocracy of Russia, and the Republic of France, each of them congenial to the present wants of the respective countries, may yet, hereafter, gravitate toward the principle, which elsewhere has developed so large an attractive power.

Should the current, that has prevailed through the last half-century, maintain its direction and its strength, another fifty years may see all Europe adhering to the theory and practice of this beneficent inst.i.tution, and peaceably sailing in the wake of England.

No doubt, if tried by an ideal standard, it is open to criticism.

Aristotle and Plato, nay, Bacon, and perhaps Leibnitz, would have scouted it as a scientific abortion. Some men would draw disparaging comparisons between the mediaeval and the modern King. In the person of the first was normally embodied the force paramount over all others in the country, and on him was laid a weight of responsibility and toil so tremendous, that his function seems always to border upon the superhuman; that his life commonly wore out before the natural term; and that an indescribable majesty, dignity, and interest surround him in his misfortunes, nay, almost in his degradation; as, for instance, amidst

"The shrieks of death, through Berkeley's roof that ring, Shrieks of an agonizing King."[12]

For this concentration of power, toil, and liability, milder realities have now been subst.i.tuted; and Ministerial responsibility comes between the Monarch and every public trial and necessity, like armor between the flesh and the spear that would seek to pierce it; only this is an armor itself also fleshy, at once living and impregnable. It may be said, by an adverse critic, that the Const.i.tutional Monarch is only a depository of power, as an armory is a depository of arms; but that those who wield the arms, and those alone, const.i.tute the true governing authority. And no doubt this is so far true, that the scheme aims at a.s.sociating in the work of government with the head of the State the persons best adapted to meet the wants and wishes of the people, under the conditions that the several aspects of supreme power shall be severally allotted; dignity and visible authority shall lie wholly with the wearer of the crown, but labor mainly, and responsibility wholly, with its servants.

From hence, without doubt, it follows that should differences arise, it is the will of those in whose minds the work of government is elaborated, that in the last resort must prevail. From mere labor, power may be severed; but not from labor joined with responsibility. This capital and vital consequence flows out of the principle that the political action of the Monarch shall everywhere be mediate and conditional upon the concurrence of confidential advisers. It is impossible to reconcile any, even the smallest, abatement of this doctrine, with the perfect, absolute immunity of the Sovereign from consequences. There can be in England no disloyalty more gross, as to its effects, than the superst.i.tion which affects to a.s.sign to the Sovereign a separate, and so far as separate, transcendental sphere of political action. Anonymous servility has, indeed, in these last days, hinted such a doctrine[13]; but it is no more practicable to make it thrive in England, than to rear the jungles of Bengal on Salisbury Plain.

There is, indeed, one great and critical act, the responsibility for which falls momentarily or provisionally upon the Sovereign; it is the dismissal of an existing Ministry, and the appointment of a new one.

This act is usually performed with the aid drawn from authentic manifestations of public opinion, mostly such as are obtained through the votes or conduct of the House of Commons. Since the reign of George III there has been but one change of Ministry in which the Monarch acted without the support of these indications. It was when William IV, in 1834, dismissed the Government of Lord Melbourne, which was known to be supported, though after a lukewarm fashion, by a large majority of the existing House of Commons. But the royal responsibility was, according to the doctrine of our Const.i.tution, completely taken over, _ex post facto_, by Sir Robert Peel, as the person who consented, on the call of the King, to take Lord Melbourne's office. Thus, though the act was rash, and hard to justify, the doctrine of personal immunity was in no way endangered. And here we may notice, that in theory an absolute personal immunity implies a correlative limitation of power, greater than is always found in practice. It can hardly be said that the King's initiative left to Sir R. Peel a freedom perfectly unimpaired. And, most certainly, it was a very real exercise of personal power. The power did not suffice for its end, which was to overset the Liberal predominance; but it very nearly sufficed. Unconditionally ent.i.tled to dismiss the Ministers, the Sovereign can, of course, choose his own opportunity. He may defy the Parliament, if he can count upon the people. William IV, in the year 1834, had neither Parliament nor people with him. His act was within the limits of the Const.i.tution, for it was covered by the responsibility of the acceding Ministry. But it reduced the Liberal majority from a number considerably beyond three hundred to about thirty; and it const.i.tuted an exceptional but very real and large action on the politics of the country, by the direct will of the King. I speak of the immediate effects. Its eventual result may have been different, for it converted a large disjointed ma.s.s into a smaller but organized and sufficient force, which held the fortress of power for the six years 1835-41. On this view it may be said that, if the Royal intervention antic.i.p.ated and averted decay from natural causes, then with all its immediate success, it defeated its own real aim.

But this power of dismissing a Ministry at will, large as it may be under given circ.u.mstances, is neither the safest nor the only power which, in the ordinary course of things, falls Const.i.tutionally to the personal share of the wearer of the crown. He is ent.i.tled, on all subjects coming before the Ministry, to knowledge and opportunities of discussion, unlimited save by the iron necessities of business. Though decisions must ultimately conform to the sense of those who are to be responsible for them, yet their business is to inform and persuade the Sovereign, not to overrule him. Were it possible for him, within the limits of human time and strength, to enter actively into all public transactions, he would be fully ent.i.tled to do so. What is actually submitted is supposed to be the most fruitful and important part, the cream of affairs. In the discussion of them, the Monarch has more than one advantage over his advisers. He is permanent, they are fugitive; he speaks from the vantage-ground of a station unapproachably higher; he takes a calm and leisurely survey, while they are worried with the preparatory stages, and their force is often impaired by the pressure of countless detail. He may be, therefore, a weighty factor in all deliberations of State. Every discovery of a blot, that the studies of the Sovereign in the domain of business enable him to make, strengthens his hands and enhances his authority. It is plain, then, that there is abundant scope for mental activity to be at work under the gorgeous robes of Royalty.

This power spontaneously takes the form of influence; and the amount of it depends on a variety of circ.u.mstances; on talent, experience, tact, weight of character, steady, untiring industry, and habitual presence at the seat of government. In proportion as any of these might fail, the real and legitimate influence of the Monarch over the course of affairs would diminish; in proportion as they attain to fuller action, it would increase. It is a moral, not a coercive, influence. It operates through the will and reason of the Ministry, not over or against them. It would be an evil and a perilous day for the Monarchy, were any prospective possessor of the Crown to a.s.sume or claim for himself final, or preponderating, or even independent power, in any one department of the State. The ideas and practice of the time of George III, whose will in certain matters limited the action of the Ministers, cannot be revived, otherwise than by what would be, on their part, nothing less than a base compliance, a shameful subserviency, dangerous to the public weal, and in the highest degree disloyal to the dynasty. Because, in every free State, for every public act, some one must be responsible; and the question is, Who shall it be? The British Const.i.tution answers: The Minister, and the Minister exclusively. That he may be responsible, all action must be fully shared by him. Sole action, for the Sovereign, would mean undefended, unprotected action; the armor of irresponsibility would not cover the whole body against sword or spear; a head would project beyond the awning, and would invite a sunstroke.

The reader, then, will clearly see that there is no distinction more vital to the practice of the British Const.i.tution, or to a right judgment upon it, than the distinction between the Sovereign and the Crown. The Crown has large prerogatives, endless functions essential to the daily action, and even the life, of the State. To place them in the hands of persons who should be mere tools in a Royal will, would expose those powers to constant unsupported collision with the living forces of the nation, and to a certain and irremediable crash. They are therefore entrusted to men, who must be prepared to answer for the use they make of them. This ring of responsible Ministerial agency forms a fence around the person of the Sovereign, which has thus far proved impregnable to all a.s.saults. The august personage, who from time to time may rest within it, and who may possess the art of turning to the best account the countless resources of the position, is no dumb and senseless idol; but, together with real and very large means of influence upon policy, enjoys the undivided reverence which a great people feels for its head; and is likewise the first and by far the weightiest among the forces, which greatly mould, by example and legitimate authority, the manners, nay the morals, of a powerful aristocracy and a wealthy and highly trained society. The social influence of a Sovereign, even if it stood alone, would be an enormous attribute. The English people are not believers in equality; they do not, with the famous Declaration of July 4, 1776, think it to be a self-evident truth that all men are born equal. They hold rather the reverse of that proposition. At any rate, in practice, they are what I may call determined inequalitarians; nay, in some cases, even without knowing it. Their natural tendency, from the very base of British society, and through all its strongly built gradations, is to look upward: they are not apt to "untune degree." The Sovereign is the highest height of the system, is, in that system, like Jupiter among the Roman G.o.ds, first without a second.

"Nec viget quicquam simile aut secundum."[14]

Not, like Mont Blanc, with rivals in his neighborhood; but like Ararat or Etna, towering alone and unapproachable. The step downward from the King to the second person in the realm is not like that from the second to the third: it is more even than a stride, for it traverses a gulf. It is the wisdom of the British Const.i.tution to lodge the personality of its chief so high, that none shall under any circ.u.mstances be tempted to vie, no, nor dream of vieing, with it. The office, however, is not confused, though it is a.s.sociated, with the person; and the elevation of official dignity in the Monarch of these realms has now for a testing period worked well, in conjunction with the limitation of merely personal power.

In the face of the country, the Sovereign and the Ministers are an absolute unity. The one may concede to the other; but the limit of concessions by the Sovereign is at the point where he becomes willing to try the experiment of changing his Government, and the limit of concessions by the Minister is at the point where they become unwilling to bear, what in all circ.u.mstances they must bear while they remain Ministers, the undivided responsibility of all that is done in the Crown's name. But it is not with the Sovereign only that the Ministry must be welded into ident.i.ty. It has a relation to sustain to the House of Lords; which need not, however, be one of entire unity, for the House of Lords, though a great power in the State, and able to cause great embarra.s.sment to an Administration, is not able by a vote to doom it to capital punishment. Only for fifteen years, out of the last fifty, has the Ministry of the day possessed the confidence of the House of Lords.

On the confidence of the House of Commons it is immediately and vitally dependent. This confidence it must always possess, either absolutely from ident.i.ty of political color, or relatively and conditionally. This last case arises when an accidental dislocation of the majority in the Chamber has put the machine for the moment out of gear, and the unsafe experiment of a sort of provisional government, doomed on the one hand to be feeble, or tempted on the other to be dishonest, is tried; much as the Roman Conclave has sometimes been satisfied with a provisional Pope, deemed likely to live for the time necessary to reunite the factions of the prevailing party.

I have said that the Cabinet is essentially the regulator of the relations between King, Lords, and Commons; exercising functionally the powers of the first, and incorporated, in the persons of its members, with the second and the third. It is, therefore, itself a great power.

But let no one suppose it is the greatest. In a balance nicely poised, a small weight may turn the scale; and the helm that directs the ship is not stronger than the ship. It is a cardinal axiom of the modern British Const.i.tution, that the House of Commons is the greatest of the powers of the State. It might, by a base subserviency, fling itself at the feet of a Monarch or a Minister; it might, in a season of exhaustion, allow the slow persistence of the Lords, ever eyeing it as Lancelot was eyed by Modred, to invade its just province by baffling its action at some time propitious for the purpose. But no Const.i.tution can anywhere keep either Sovereign, or a.s.sembly, or nation, true to its trust and to itself. All that can be done has been done. The Commons are armed with ample powers of self-defence. If they use their powers properly, they can only be mastered by a recurrence to the people, and the way in which the appeal can succeed is by the choice of another House of Commons more agreeable to the national temper. Thus the sole appeal from the verdict of the House is a rightful appeal to those from whom it received its commission.

This superiority in power among the great State forces was, in truth, established even before the House of Commons became what it now is, representative of the people throughout its entire area. In the early part of the century, a large part of its members virtually received their mandate from members of the Peerage, or from the Crown, or by the direct action of money on a mere handful of individuals, or, as in Scotland, for example, from const.i.tuencies whose limited numbers and upper-cla.s.s sympathies usually shut out popular influences. A real supremacy belonged to the House as a whole; but the forces of which it was compounded were not all derived from the people, and the aristocratic power had found out the secret of a.s.serting itself within the walls of the popular chamber, in the dress and through the voices of its members. Many persons of gravity and weight saw great danger in a measure of change like the first Reform Act, which left it to the Lords to a.s.sert themselves, thereafter, by an external force, instead of through a share in the internal composition of a body so formidable. But the result proved that they were sufficiently to exercise, through the popular will and choice, the power which they had formerly put in action without its sanction, though within its proper precinct and with its t.i.tle falsely inscribed.

The House of Commons is superior, and by far superior, in the force of its political attributes, to any other single power in the State. But it is watched; it is criticized; it is hemmed in and about by a mult.i.tude of other forces: the force, first of all, of the House of Lords, the force of opinion from day to day, particularly of the highly anti-popular opinion of the leisured men of the metropolis, who, seated close to the scene of action, wield an influence greatly in excess of their just claims; the force of the cla.s.ses and professions; the just and useful force of the local authorities in their various orders and places. Never was the great problem more securely solved, which recognizes the necessity of a paramount power in the body politic to enable it to move, but requires for it a depository such that it shall be safe against invasion, and yet inhibited from aggression.

The old theories of a mixed government, and of the three powers, coming down from the age of Cicero, when set by the side of the living British Const.i.tution, are cold, crude, and insufficient to a degree that makes them deceptive. Take them, for example, as represented, fairly enough, by Voltaire: the picture drawn by him is for us nothing but a puzzle:--

"Aux murs de Vestminster on voit paraitre ensemble Trois pouvoirs etonnes du noeud qui les ra.s.semble, Les deputes du peuple, les grands, et le Roi, Divises d' interet, reunis par la Loi."[15]

There is here lacking an amalgam, a reconciling power, what may be called a clearing-house of political forces, which shall draw into itself every thing, and shall balance and adjust every thing, and ascertaining the nett result, let it pa.s.s on freely for the fulfilment of the purposes of the great social union. Like a stout buffer-spring, it receives all shocks, and within it their opposing elements neutralize one another. This is the function of the British Cabinet. It is perhaps the most curious formation in the political world of modern times, not for its dignity, but for its subtlety, its elasticity, and its many-sided diversity of power. It is the complement of the entire system; a system which appears to want nothing but a thorough loyalty in the persons composing its several parts, with a reasonable intelligence, to insure its bearing, without fatal damage, the wear and tear of ages yet to come.

It has taken more than a couple of centuries to bring the British Cabinet to its present accuracy and fulness of development; for the first rudiments of it may sufficiently be discerned in the reign of Charles I. Under Charles II it had fairly started from its embryo; and the name is found both in Clarendon and in the Diary of Pepys.[16] It was for a long time without a Ministerial head; the King was the head.

While this arrangement subsisted, const.i.tutional government could be but half established. Of the numerous t.i.tles of the Revolution of 1688 to respect, not the least remarkable is this, that the great families of the country, and great powers of the State, made no effort, as they might have done, in the hour of its weakness, to aggrandize themselves at the expense of the crown. Nevertheless, for various reasons, and among them because of the foreign origin, and absences from time, of several Sovereigns, the course of events tended to give force to the organs of Government actually on the spot, and thus to consolidate, and also to uplift, this as yet novel creation. So late, however, as the impeachment of Sir Robert Walpole, his friends thought it expedient to urge on his behalf, in the House of Lords, that he had never presumed to const.i.tute himself a Prime-Minister.

The breaking down of the great offices of State by throwing them into commission, and last among them of the Lord High Treasurership after the time of Harley, Earl of Oxford, tended, and may probably have been meant, to prevent or r.e.t.a.r.d the formation of a recognized Chiefship in the Ministry; which even now we have not learned to designate by a true English word, though the use of the imported phrase "Premier" is at least as old as the poetry of Burns. Nor can any thing be more curiously characteristic of the political genius of the people, than the present position of this most important official personage. Departmentally, he is no more than the first-named of five persons, by whom jointly the powers of the Lord Treasurership are taken to be exercised; he is not their master, or, otherwise than by mere priority, their head: and he has no special function or prerogative under the formal Const.i.tution of the office. He has no official rank except that of Privy Councillor.

Eight members of the Cabinet, including five Secretaries of State, and several other members of the Government, take official precedence of him. His rights and duties as head of the Administration are nowhere recorded. He is almost, if not altogether, unknown to the Statute Law.

Nor is the position of the body, over which he presides, less singular than his own. The Cabinet wields, with partial exceptions, the powers of the Privy Council, besides having a standing ground in relation to the personal will of the Sovereign, far beyond what the Privy Council ever held or claimed. Yet it has no connection with the Privy Council, except that every one, on first becoming a member of the Cabinet, is, if not belonging to it already, sworn a member of that body. There are other sections of the Privy Council, forming regular Committees for Education and for Trade. But the Cabinet has not even this degree of formal sanction, to sustain its existence. It lives and acts simply by understanding, without a single line of written law or const.i.tution to determine its relations to the Monarch, or to the Parliament, or to the nation; or the relations of its members to one another, or to their head. It sits in the closest secrecy. There is no record of its proceedings, nor is there any one to hear them, except upon the very rare occasions when some important functionary, for the most part military or legal, is introduced, _pro hac vice_, for the purpose of giving to it necessary information.

Every one of its members acts in no less than three capacities: as administrator of a department of State; as member of a legislative chamber; and as a confidential adviser of the Crown. Two at least of them add to those three characters a fourth; for in each House of Parliament it is indispensable that one of the princ.i.p.al Ministers should be what is termed its Leader. This is an office the most indefinite of all, but not the least important. With very little of defined prerogative, the Leader suggests, and in a great degree fixes, the course of all princ.i.p.al matters of business, supervises and keeps in harmony the action of his colleagues, takes the initiative in matters of ceremonial procedure, and advises the House in every difficulty as it arises. The first of these, which would be of but secondary consequence where the a.s.sembly had time enough for all its duties, is of the utmost weight in our overcharged House of Commons, where, notwithstanding all its energy and all its diligence, for one thing of consequence that is done, five or ten are despairingly postponed. The overweight, again, of the House of Commons is apt, other things being equal, to bring its Leader inconveniently near in power to a Prime-Minister who is a Peer.

He can play off the House of Commons against his chief; and instances might be cited, though they are happily most rare, when he has served him very ugly tricks.

The nicest of all the adjustments involved in the working of the British Government is that which determines, without formally defining, the internal relations of the Cabinet. On the one hand, while each Minister is an adviser of the Crown, the Cabinet is a unity, and none of its members can advise as an individual, without, or in opposition actual or presumed to, his colleagues. On the other hand, the business of the State is a hundred-fold too great in volume to allow of the actual pa.s.sing of the whole under the view of the collected Ministry. It is therefore a prime office of discretion for each Minister to settle what are the departmental acts in which he can presume the concurrence of his colleagues, and in what more delicate, or weighty, or peculiar cases, he must positively ascertain it. So much for the relation of each Minister to the Cabinet; but here we touch the point which involves another relation, perhaps the least known of all, his relation to its head.

The head of the British Government is not a Grand Vizier. He has no powers, properly so called, over his colleagues: on the rare occasions, when a Cabinet determines its course by the votes of its members, his vote counts only as one of theirs. But they are appointed and dismissed by the Sovereign on his advice. In a perfectly organized administration, such for example as was that of Sir Robert Peel in 1841-6, nothing of great importance is matured, or would even be projected, in any department without his personal cognizance; and any weighty business would commonly go to him before being submitted to the Cabinet. He reports to the Sovereign its proceedings, and he also has many audiences of the august occupant of the Throne. He is bound in these reports and audiences, not to counterwork the Cabinet; not to divide it; not to undermine the position of any of his colleagues in the Royal favor. If he departs in any degree from strict adherence to these rules, and uses his great opportunities to increase his own influence, or pursue aims not shared by his colleagues, then, unless he is prepared to advise their dismissal, he not only departs from rule, but commits an act of treachery and baseness. As the Cabinet stands between the Sovereign and the Parliament, and is bound to be loyal to both, so he stands between his colleagues and the Sovereign, and is bound to be loyal to both.