MILL ON GOVERNMENT.(1) (_Edinburgh Review_, March 1829.) Of {5}those philosophers who call themselves Utilitarians, and whom others generally call Benthamites, Mr. Mill is, with the exception of the illustrious founder of the sect, by far the most distinguished. The little work now before us contains a summary of the opinions held by this gentleman and his brethren on several subjects most important to society. All the seven essays of which it consists abound in curious matter. But at present we intend to confine our remarks to the Treatise on Government, which stands first in the volume. On some future occasion, we may perhaps attempt to do justice to the rest. It must be owned that to do justice to any composition of Mr. Mill is not, in the opinion of his admirers, a very easy task. They do not, indeed, place him in the same rank with Mr. Bentham; but the terms in which they extol the disciple, though feeble when compared with the hyperboles of adoration employed by (1) _Essays on Government, Jurisprudence, the Liberty of the Press, Prisons and Prison Discipline, Colonies, the Law of Nations, and Education_, By James Mill, Esq., author of the History of British India. Reprinted by permission from the Supplement to the Encyclopædia Britannica. (Not for sale.) London, 1828. {6}them in speaking of the master, are as strong as any sober man would allow himself to use concerning Locke or Bacon. The essay before us is perhaps the most remarkable of the works to which Mr. Mill owes his fame. By the members of his sect, it is considered as perfect and unanswerable. Every part of it is an article of their faith; and the damnatory clauses, in which their creed abounds far beyond any theological symbol with which we are acquainted, are strong and full against all who reject any portion of what is so irrefragably established. No man, they maintain, who has understanding sufficient to carry him through the first proposition of Euclid, can read this master-piece of demonstration and honestly declare that he remains unconvinced. We have formed a very different opinion of this work. We think that the theory of Mr. Mill rests altogether on false principles, and that even on those false principles he does not reason logically. Nevertheless, we do not think it strange that his speculations should have filled the Utilitarians with admiration. We have been for some time past inclined to suspect that these people, whom some regard as the lights of the world and others as incarnate demons, are in general ordinary men, with narrow understandings and little information. The contempt which they express for elegant literature is evidently the contempt of ignorance. We apprehend that many of them are persons who, having read little or nothing, are delighted to be rescued from the sense of their own inferiority by some teacher who assures them that the studies which they have neglected are of no value, puts five or six phrases into their mouths, lends them an odd number of the Westminster Review, and in a month {7}transforms them into philosophers. Mingled with these smatterers, whose attainments just suffice to elevate them from the insignificance of dunces to the dignity of bores, and to spread dismay among their pious aunts and grandmothers, there are, we well know, many well-meaning men who have really read and thought much; but whose reading and meditation have been almost exclusively confined to one class of subjects; and who, consequently, though they possess much valuable knowledge respecting those subjects, are by no means so well qualified to judge of a great system as if they had taken a more enlarged view of literature and society. Nothing is more amusing or instructive than to observe the manner in which people who think themselves wiser than all the rest of the world fall into snares which the simple good sense of their neighbours detects and avoids. It is one of the principal tenets of the Utilitarians that sentiment and eloquence serve only to impede the pursuit of truth. They therefore affect a quakerly plainness, or rather a cynical negligence and impurity, of style. The strongest arguments, when clothed in brilliant language, seem to them so much wordy nonsense. In the mean time they surrender their understandings, with a facility found in no other party, to the meanest and most abject sophisms, provided those sophisms come before them disguised with the externals of demonstration. They do not seem to know that logic has its illusions as well as rhetoric,--that a fallacy may lurk in a syllogism as well as in a metaphor. Mr. Mill is exactly the writer to please people of this description. His arguments are stated with the utmost affectation of precision; his divisions are awfully {8}formal; and his style is generally as dry as that of Euclid’s Elements. Whether this be a merit, we must be permitted to doubt. Thus much is certain: that the ages in which the true principles of philosophy were least understood were those in which the ceremonial of logic was most strictly observed, and that the time from which we date the rapid progress of the experimental sciences was also the time at which a less exact and formal way of writing came into use. The style which the Utilitarians admire suits only those subjects on which it is possible to reason _a priori_ It grew up with the verbal sophistry which flourished during the dark ages. With that sophistry it fell before the Baconian philosophy in the day of the great deliverance of the human mind. The inductive method not only endured but required greater freedom of diction. It was impossible to reason from phenomena up to principles, to mark slight shades of difference in quality, or to estimate the comparative effect of two opposite considerations between which there was no common measure, by means of the naked and meagre jargon of the schoolmen. Of those schoolmen Mr. Mill has inherited both the spirit and the style. He is an Aristotelian of the fifteenth century, born out of due season. We have here an elaborate treatise on Government, from which, but for two or three passing allusions, it would not appear that the author was aware that any governments actually existed among men. Certain propensities of human nature are assumed; and from these premises the whole science of politics is synthetically deduced! We can scarcely persuade ourselves that we are not reading a book written before the time of Bacon and Galileo,--a book {9}written in those days in which physicians reasoned from the nature of heat to the treatment of fever, and astronomers proved syllogistically that the planets could have no independent motion,--because the heavens were incorruptible, and nature abhorred a vacuum! The reason, too, which Mr. Mill has assigned for taking this course strikes us as most extraordinary. “Experience,” says he, “if we look only at the outside of the facts, appears to be _divided_ on this subject. Absolute monarchy, under Neros and Caligulas, under such men as the Emperors of Morocco and Sultans of Turkey, is the scourge of human nature. On the other side, the people of Denmark, tired out with the oppression of an aristocracy, resolved that their king should be absolute; and, under their absolute monarch, are as well governed as any people in Europe.” This Mr. Mill actually gives as a reason for pursuing the _a priori_ method. But, in our judgment, the very circumstances which he mentions irresistibly prove that the _a priori_ method is altogether unfit for investigations of this kind, and that the only way to arrive at the truth is by induction. _Experience_ can never be divided, or even appear to be divided, except with reference to some hypothesis. When we say that one fact is inconsistent with another fact, we mean only that it is inconsistent with _the theory_ which we have founded on that other fact. But, if the fact be certain, the unavoidable conclusion is that our theory is false; and, in order to correct it, we must reason back from an enlarged collection of facts to principles. Now here we have two governments which, by Mr. Mill’s own account, come under the same head in his _theoretical_ classification. It is evident, therefore, that, {10}by reasoning on that theoretical classification, we shall be brought to the conclusion that these two forms of government must produce the same effects. But Mr. Mill himself tells us that they do not produce the same effects. Hence he infers that the only way to get at truth is to place implicit confidence in that chain of proof _a priori_ from which it appears that they must produce the same effects! To believe at once in a theory and in a fact which contradicts it is an exercise of faith sufficiently hard: but to believe in a theory _because_ a fact contradicts it is what neither philosopher nor pope ever before required. This, however, is what Mr. Mill demands of us. He seems to think that, if all despots, without exception, governed ill, it would be unnecessary to prove, by a synthetical argument, what would then be sufficiently clear from experience. But, as some despots will be so perverse as to govern well, he finds himself compelled to prove the impossibility of their governing well by that synthetical argument which would have been superfluous had not the facts contradicted it. He reasons _a priori_, because the phenomena are not what, by reasoning _a priori_, he will prove them to be. In other words, he reasons _a priori_, because, by so reasoning, he is certain to arrive at a false conclusion! In the course of the examination to which we propose to subject the speculations of Mr. Mill we shall have to notice many other curious instances of that turn of mind which the passage above quoted indicates. The first chapter of his Essay relates to the ends of government. The conception on this subject, he tells us, which exists in the minds of most men is vague and undistinguishing. He first assumes, justly enough, that the end of government is “to increase to the utmost {11}the pleasures, and diminish to the utmost the pains, which men derive from each other.” He then proceeds to show, with great form, that “the greatest possible happiness of society is attained by insuring to every man the greatest possible quantity of the produce of his labour.” To effect this is, in his opinion, the end of government. It is remarkable that Mr. Mill, with all his affected display of precision, has here given a description of the ends of government far less precise than that which is in the mouths of the vulgar. The first man with whom Mr. Mill may travel in a stage coach will tell him that government exists for the protection of the _persons_ and property of men. But Mr. Mill seems to think that the preservation of property is the first and only object. It is true, doubtless, that many of the injuries which are offered to the persons of men proceed from a desire to possess their property. But the practice of vindictive assassination as it has existed in some parts of Europe--the practice of fighting wanton and sanguinary duels, like those of the sixteenth and seventeenth centuries, in which bands of seconds risked their lives as well as the principals;--these practices, and many others which might be named, are evidently injurious to society; and we do not see how a government which tolerated them could be said “to diminish to the utmost the pains which men derive from each other.” Therefore, according to Mr. Mill’s very correct assumption, such a government would not perfectly accomplish the end of its institution. Yet such a government might, as far as we can perceive, “insure to every man the greatest possible quantity of the produce of his labour.” Therefore such a government might, according to Mr. Milks subsequent doctrine, perfectly accomplish the end of its institution. {12}The matter is not of much consequence, except as an instance of that slovenliness of thinking which is often concealed beneath a peculiar ostentation of logical neatness. Having determined the ends, Mr. Mill proceeds to consider the means. For the preservation of property-some portion of the community must be intrusted with power. This is Government; and the question is, how are those to whom the necessary power is intrusted to be prevented from abusing it? Mr. Mill first passes in review the simple forms of government. He allows that it would be inconvenient, if not physically impossible, that the whole community should meet in a mass; it follows, therefore, that the powers of government cannot be directly exercised by the people. But he sees no objection to pure and direct Democracy, except the difficulty which we have mentioned. “The community,” says he, “cannot have an interest opposite to its interests. To affirm this would be a contradiction in terms. The community within itself, and with respect to itself, can have no sinister interest. One community may intend the evil of another; never its own. This is an indubitable proposition, and one of great importance.” Mr. Mill then proceeds to demonstrate that a purely aristocratical form of government is necessarily bad. “_The reason for which government exists is, that one man, if stronger than another, will take from him whatever that other possesses and he desires. But if one man will do this, so will several. And if powers are put into the hands of a comparatively small number, called an aristocracy,--powers which make them stronger than the rest of the community, they will take from the rest of the community as much as they please of the objects {13}of desire. They will thus defeat the very end for whieh government was instituted. The unfitness, therefore, of an aristocracy to be intrusted with the powers of government, rests on demonstration_.” In exactly the same manner Mr. Mill proves absolute monarchy to be a bad form of government. “_If government is founded upon this as a law of human nature, that a man, if able, will take from others any thing which they have and he desires, it is sufficiently evident, that when a man is called a king he does not change his nature; so that when he has got power to enable him to take from every man whatever he pleases, he will take whatever he pleases. To suppose that he will not, is to affirm that government is unnecessary, and that human beings will abstain from injuring one another of their own accord. “It is very evident that this reasoning extends to every modification of the smaller number. Whenever the powers of government are placed in any hands other than those of the community, whether those of one man, of a few, or of several, those principles of human nature which imply that government is at all necessary, imply that those persons will make use of them to defeat the very end for which government exists._” But is it not possible that a king or an aristocracy may soon be saturated with the objects of their desires, and may then protect the community in the enjoyment of the rest? Mr. Mill answers in the negative. He proves, with great pomp, that every man desires to have the actions of every other correspondent to his will. Others can be induced to conform to our will only by motives derived from pleasure or from pain. The infliction of pain is of course direct injury; and, even if it take the milder course, in order to produce obedience by motives derived from pleasure, the government must confer favours. But, as there is no limit to its desire of obedience, there will be no limit to its disposition to confer favours; and, as it can confer favours {14}only by plundering the people, there will be no limit to its disposition to plunder the people. “It is therefore not true that there is in the mind of a king, or in the minds of an aristocracy, any point of saturation with the objects of desire.” Mr. Mill then proceeds to show that, as monarchical and oligarchical governments can influence men by motives drawn from pain, as well as by motives drawn from pleasure, they will carry their cruelty, as well as their rapacity, to a frightful extent. As he seems greatly to admire his own reasonings on this subject, we think it but fair to let him speak for himself. “_The chain of inference in this ease is close and strong to a most unusual degree. A man desires that the actions of other men shall be instantly and accurately correspondent to his will. He desires that the actions of the greatest possible number shall be so. Terror is the grand instrument. Terror can work only through assurance that evil will follow any failure of conformity between the will and the actions willed. Every failure must therefore be punished. As there are no bounds to the mind’s desire of its pleasure, there are, of course, no bounds to its desire of perfection in the instruments of that pleasure. There are, therefore, no bounds to its desire of exactness in the conformity between its will and the actions willed; and by consequence to the strength of that terror which is its procuring cause. Every the most minute failure must be visited with the heaviest infliction; and as failure in extreme exactness must frequently happen, the occasions of cruelty must be incessant. “We have thus arrived at several conclusions of the highest possible importance. We have seen that the principle of human nature, upon which the necessity of government is founded, the propensity of one man to possess himself of the objects of desire at the cost of another, leads on, by infallible sequence, where power over a community is attained, and nothing checks, not only to that degree of plunder which leaves the members (excepting always the recipients and instruments of the plunder) the bare means of subsistence, but to that degree of cruelty which is necessary to keep in existence the most intense terrors._” {15}Now, no man who has the least knowledge of the real state of the world, either in former ages or at the present moment, can possibly be convinced, though he may perhaps be bewildered, by arguments like these. During the last two centuries, some hundreds of absolute princes have reigned in Europe Is it true, that their cruelty has kept in existence the most intense degree of terror; that their rapacity has left no more than the bare means of subsistence to any of their subjects, their ministers and soldiers excepted? Is this true of all of them? Of one half of them? Of one tenth part of them? Of a single one? Is it true, in the full extent, even of Philip the Second, of Louis the Fifteenth, or of the Emperor Paul? But it is scarcely necessary to quote history. No man of common sense, however ignorant he may be of books, can be imposed on by Mr. Mill’s argument I because no man of common sense can live among his fellow-creatures for a day without seeing innumerable facts which contradict it. It is our business, however, to point out its fallacy; and happily the fallacy is not very recondite. We grant that rulers will take as much as they can of the objects of their desires; and that, when the agency of other men is necessary to that end, they will attempt by all means in their power to enforce the prompt obedience of such men. But what are the objects of human desire? Physical pleasure, no doubt, in part. But the mere appetites which we have in common with the animals would be gratified almost as cheaply and easily as those of the animals are gratified, if nothing were given to taste, to ostentation, or to the affections. How small a portion of the income of a gentleman in easy circumstances is laid out merely in {16}giving pleasurable sensations to the body of the possessor! The greater part even of what is spent on his kitchen and his cellar goes, not to titillate his palate, but to keep up his character for hospitality, to save him from the reproach of meanness in housekeeping, and to cement the ties of good neighbourhood. It is clear that a king or an aristocracy may be supplied to satiety with mere corporal pleasures, at an expense which the rudest and poorest community would scarcely feel. Those tastes and propensities which belong to us as reasoning and imaginative beings are not indeed so easily gratified. There is, we admit, no point of saturation with objects of desire which come under this head. And therefore the argument of Mr. Mill will be just, unless there be something in the nature of the objects of desire themselves which is inconsistent with it. Now, of these objects there is none which men in general seem to desire more than the good opinion of others. The hatred and contempt of the public are generally felt to be intolerable. It is probable that our regard for the sentiments of our fellow-creatures springs, by association, from a sense of their ability to hurt or to serve us. But, be this as it may, it is notorious that, when the habit of mind of which we speak has once been formed, men feel extremely solicitous about the opinions of those by whom it is most improbable, nay, absolutely impossible, that they should ever be in the slightest degree injured or benefited. The desire of posthumous fame and the dread of posthumous reproach and execration are feelings from the influence of which scarcely any man is perfectly free, and which in many men are powerful and constant motives of action. As we are afraid that, if we handle this part of the argument after our own manner, we {17}shall incur the reproach of sentimentality, a word which, in the sacred language of the Benthamites, is synonymous with idiocy, we will quote what Mr. Mill himself says on the subject, in his Treatise on Jurisprudence. “_Pains from the moral source are the pains derived from the unfavourable sentiments of mankind.... These pains are capable of rising to a height with which hardly any other pains incident to our nature can be compared. There is a certain degree of unfavourableness in the sentiments of his fellow-creatures, under which hardly any man, not below the standard of humanity, can endure to live. “The importance of this powerful agency, for the prevention of injurious acts, is too obvious to need to be illustrated. If sufficiently at command, it would almost supersede the use of other means.... “To know how to direct the unfavourable sentiments of mankind, it is necessary to know in as complete, that is, in as comprehensive, a way as possible, what it is which gives them birth. Without entering into the metaphysics of the question, it is a sufficient practical answer, for the present purpose, to say that the unfavourable sentiments of man are excited by every thing which hurts them._” It is strange that a writer who considers the pain derived from the unfavourable sentiments of others as so acute that, if sufficiently at command, it would supersede the use of the gallows and the tread-mill, should take no notice of this most important restraint when discussing the question of government. We will attempt to deduce a theory of politics in the mathematical form, in which Mr. Mill delights, from the premises with which he has himself furnished us. Proposition I. Theorem. No rulers will do any thing which may hurt the people. {18}This is the thesis to be maintained: and the following we humbly offer to Mr. Mill, as its syllogistic demonstration. No rulers will do that which produces pain to themselves. But the unfavourable sentiments of the people will give pain to them. Therefore no rulers will do any thing which may excite the unfavourable sentiments of the people. But the unfavourable sentiments of the people are excited by every thing which hurts them. Therefore no rulers will do any thing which may hurt the people. Which was the thing to be proved. Having thus, as we think, not unsuccessfully imitated Mr. Mill’s logic, we do not see why we should not imitate, what is at least equally perfect in its kind, his self-complacency, and proclaim our _Evonka_ in his own words: “The chain of inference, in this case, is close and strong to a most unusual degree.” The fact is, that, when men, in treating of things which cannot be circumscribed by precise definitions, adopt this mode of reasoning, when once they begin to talk of power, happiness, misery, pain, pleasure, motives, objects of desire, as they talk of lines and numbers, there is no end to the contradictions and absurdities into which they fall. There is no proposition so monstrously untrue in morals or politics that we will not undertake to prove it, by something which shall sound like a logical demonstration, from admitted principles. Mr. Mill argues that, if men are not inclined to plunder each other, government is unnecessary; and that, if they are so inclined, the powers of government, when entrusted to a small number of them, will necessarily {19}be abused. Surely it is not by propounding dilemmas of this sort that we are likely to arrive at sound conclusions in any moral science. The whole question is a question of degree. If all men preferred the moderate approbation of their neighbours to any degree of wealth or grandeur, or sensual pleasure, government would be unnecessary. If all men desired wealth so intensely as to be willing to brave the hatred of their fellow-creatures for sixpence, Mr. Mill’s argument against monarchies and aristocracies would be true to the full extent. But the fact is, that all men have some desires which impel them to injure their neighbours, and some desires which impel them to benefit their neighbours. Now, if there were a community consisting of two classes of men, one of which should be principally influenced by the one set of motives and the other by the other, government would clearly be necessary to restrain the class which was eager for plunder and careless of reputation: and yet the powers of government might be safely intrusted to the class which was chiefly actuated by the love of approbation. Now, it might with no small plausibility be maintained that, in many countries, _there are_ two classes which, in some degree, answer to this description; that the poor compose the class which government is established to restrain, and the people of some property the class to which the powers of government may without danger be confided. It might be said that a man who can barely earn a livelihood by severe labour is under stronger temptations to pillage others than a man who enjoys many luxuries. It might be said that a man who is lost in the crowd is less likely to have the fear of public opinion before his eyes than a man whose station and mode of living render him conspicuous. We do {20}not assert all this. We only say that it was Mr. Mill’s business to prove the contrary; and that, not having proved the contrary, he is not entitled to say, “that those principles which imply that government is at all necessary, imply that an aristocracy will make use of its power to defeat the end for which governments exist.” This is not true, unless it be true that a rich man is as likely to covet the goods of his neighbours as a poor man, and that a poor man is as likely to be solicitous about the opinions of his neighbours as a rich man. But we do not see that, by reasoning _a priori_ on such subjects as these, it is possible to advance one single step. We know that every man has some desires which he can gratify only by hurting his neighbours, and some which he can gratify only by pleasing them. Mr. Mill has chosen to look only at one-half of human nature, and to reason on the motives which impel men to oppress and despoil others, as if they were the only motives by which men could possibly be influenced. We have already shown that, by taking the other half of the human character, and reasoning on it as if it were the whole, we can bring out a result diametrically opposite to that at which Mr. Mill has arrived. We can, by such a process, easily prove that any form of government is good, or that all government is superfluous. We must now accompany Mr. Mill on the next stage of his argument. Does any combination of the three simple forms of government afford the requisite securities against the abuse of power? Mr. Mill complains that those who maintain the affirmative generally beg the question; and proceeds to settle the point by proving, after his fashion, that no combination of the three simple forms, or of any two of them, can possibly exist. {21}”_From the principles which we have already laid down it follows that, of the objects of human desire, and, speaking more definitely, of the means to the ends of human desire, namely, wealth and power, each party will endeavour to obtain as much as possible. “If any expedient presents itself to any of the supposed parties effectual to this end, and not opposed to any preferred object of pursuit, we may infer with certainty that it will be adopted. One effectual expedient is not more effectual than obvious. Any two of the parties, by combining, may swallow up the third. That such combination will take place appears to be as certain as any thing which depends upon human will; because there are strong motives in favour of it, and none that can be conceived in opposition to it.... The mixture of three of the kinds of government, it is thus evident, cannot possibly exist.... It may be proper to inquire whether an union may not be possible of two of them.... “Let us first suppose, that monarchy is united with aristocracy. Their power is equal or not equal. If it is not equal, it follows, as a necessary consequence, from the principles which we have already established, that the stronger will take from the weaker till it engrosses the whole. The only question therefore is, What will happen when the power is equal? “In the first place, it seems impossible that such equality should ever exist. How is it to be established? or, by what criterion is it to be ascertained? If there is no such criterion, it must, in all eases, be the result of chance. If so, the chances against it are as infinity to one. The idea, therefore, is wholly chimerical and absurd.... “In this doctrine of the mixture of the simple forms of government is included the celebrated theory of the balance among the component parts of a government. By this it is supposed that, when a government is composed of monarchy, aristocracy, and democracy, they balance one another, and by mutual checks produce good government. A few words will suffice to show that, if any theory deserves the epithets of ‘wild, visionary and chimerical,’ it is that of the balance. If there are three powers, how is it possible to prevent two of them from combining to swallow up the third? “The analysis which we have already performed will enable us to trace rapidly the concatenation of causes and effects in this imagined case. {22}"We have already seen that the interest of the community, considered in the aggregate or in the democratical point of view, is, that each individual should receive protection; and that the powers which are constituted for that purpose should be employed exclusively for that purpose.... We have also seen that the interest of the king and of the governing aristocracy is directly the reverse. It is to have unlimited power over the rest of the community, and to use it for their own advantage. In the supposed case of the balance of the monarchical, aristocratical, and democratical powers, it cannot be for the interest of either the monarchy or the aristocracy to combine with the democracy; because it is the interest of the democracy, or community at large, that neither the king nor the aristocracy should have one particle of power, or one particle of the wealth of the community, for their own advantage. “The democracy or community have all possible motives to endeavour to prevent the monarchy and aristocracy from exercising power, or obtaining the wealth of the community for their own advantage. The monarchy and aristocracy have all possible motives for endeavouring to obtain unlimited power over the persons and property of the community. The consequence is inevitable: they have all possible, motives for combining to obtain that power_.” If any part of this passage be more eminently absurd than another, it is, we think, the argument by which Mr. Mill proves that there cannot be an union of monarchy and aristocracy. Their power, he says, must be equal or not equal. But of equality there is no criterion. Therefore the chances against its existence are as infinity to one. If the power be not equal, then it follows, from the principles of human nature, that the stronger will take from the weaker, till it has engrossed the whole. Now, if there be no criterion of equality between two portions of power there can be no common measure of portions of power. Therefore it is utterly impossible to compare them together. But where two {23}portions of lower are of the same kind, there is no difficulty in ascertaining, sufficiently for all practical purposes, whether they are equal or unequal. It is easy to judge whether two men run equally fast, or can lift equal weights. Two arbitrators, whose joint decision is to be final, and neither of whom can do any thing without the assent of the other, possess equal power. Two electors, each of whom has a vote for a borough, possess, in that respect, equal power. If not, all Mr. Mill’s political theories fall to the ground at once. For, if it be impossible to ascertain whether two portions of power are equal, he never can show that, even under a system of universal suffrage, a minority might not carry every thing their own way, against the wishes and interests of the majority. Where there are two portions of power differing in kind, there is, we admit, no criterion of equality. But then, in such a case, it is absurd to talk, as Mr. Mill does, about the stronger and the weaker. Popularly, indeed, and with reference to some particular objects, these words may very fairly be used. But to use them mathematically is altogether improper. If we are speaking of a boxing-match, we may say that some famous bruiser has greater bodily power than any man in England. If we are speaking of a pantomime, we may say the same of some very agile harlequin. But it would be talking nonsense to say, in general, that the power of Harlequin either exceeded that of the pugilist, or fell short of it. If Mr. Mill’s argument be good as between different branches of a legislature, it is equally good as between sovereign powers. Every government, it may be said, will, if it can, take the objects of its desires from every other. If the French government can subdue England {24}it will do so. If the English government can subdue France it will do so. But the power of England and France is either equal or not equal. The chance that it is not exactly equal is as infinity to one, and may safely be left out of the account; and then the stronger will infallibly take from the weaker till the weaker is altogether enslaved. Surely the answer to all this hubbub of unmeaning words is the plainest possible. For some purposes France is stronger than England. For some purposes England is stronger than France. For some, neither has any power at all. France has the greater population, England the greater capital; France has the greater army, England the greater fleet. For an expedition to Rio Janeiro or the Philippines, England has the greater power. For a war on the Po or the Danube, France has the greater power. But neither has power sufficient to keep the other in quiet subjection for a month. Invasion would be very perilous; the idea of complete conquest on either side utterly ridiculous. This is the manly and sensible way of discussing such questions. The _ergo_, or rather the _argal_, of Mr. Mill cannot impose on a child. Yet we ought scarcely to say this; for we remember to have heard _a child_ ask whether Bonaparte was stronger than an elephant! Mr. Mill reminds us of those philosophers of the sixteenth century who, having satisfied themselves _a priori_ that the rapidity with which bodies descended to the earth varied exactly as their weights, refused to believe the contrary on the evidence of their own eyes and ears. The British constitution, according to Mr. Mill’s classification, is a mixture of monarchy and aristocracy; one House of Parliament being composed of {25}hereditary nobles, and the other almost entirely chosen by a privileged class who possess the elective franchise on account of their property, or their connection with certain corporations. Mr. Mill’s argument proves that, from the time that these two powers were mingled in our government, that is, from the very first dawn of our history, one or the other must have been constantly encroaching. According to him, moreover, all the encroachments must have been on one side. For the first encroachment could only have been made by the stronger I and that first encroachment would have made the stronger stronger still. It is, therefore, matter of absolute demonstration, that either the Parliament was stronger than the Crown in the reign of Henry VIII., or that the Crown was stronger than the Parliament in 1641. “Hippocrate dira ce que lui plaira,” says the girl in Moliere; “mail le cocher est mort.” Mr. Mill may say what he pleases; but the English constitution is still alive. That since the Revolution the Parliament has possessed great power in the state, is what nobody will dispute. The King, on the other hand, can create new peers, and can dissolve Parliaments. William sustained severe mortifications from the House of Commons, and was, indeed, unjustifiably oppressed. Anne was desirous to change a ministry which had a majority in both Houses. She watched her moment for a dissolution, created twelve Tory peers, and succeeded. Thirty years later, the House of Commons drove Walpole from his seat. In 1784, George III. was able to keep Mr. Pitt in office in the face of a majority of the House of Commons. In 1804, the apprehension of a defeat in Parliament compelled the same King to part from his most favoured minister. But, in 1807, he was able to do {26}exactly what Anne had done nearly a hundred years before. Now, had the power of the King increased during the intervening century, or had it remained stationary? Is it possible that the one lot among the infinite number should have fallen to us? If not, Mr. Mill has proved that one of the two parties must have been constantly taking from the other. Many of the ablest men in England think that the influence of the Crown has, on the whole, increased since the reign of Anne. Others think that the Parliament has been growing in strength. But of this there is no doubt, that both sides possessed great power then, and possess great power now. Surely, if there were the least truth in the argument of Mr. Mill, it could not possibly be a matter of doubt, at the end of a hundred and twenty years, whether the one side or the other had been the gainer. But we ask pardon. We forgot that a fact, irreconcilable with Mr. Mill’s theory, furnishes, in his opinion, the strongest reason for adhering to the theory. To take up the question in another manner, is it not plain that there may be two bodies, each possessing a perfect and entire power, which cannot be taken from it without its own concurrence? What is the meaning of the words stronger and weaker, when applied to such bodies as these? The one may, indeed, by physical force, altogether destroy the other. But this is not the question. A third party, a general of their own, for example, may, by physical force, subjugate them both. Nor is there any form of government, Mr. Mill’s utopian democracy not excepted, secure from such an occurrence. We are speaking of the powers with which the constitution invests the two branches of the legislature: and we ask Mr. Mill how, on his own principles, he can {27}maintain that one of them will be able to encroach on the other, if the consent of the other be necessary to such encroachment? Mr. Mill tells us that, if a government be composed of the three simple forms, which he will not admit the British constitution to be, two of the component parts will inevitably join against the third. Now, if two of them combine and act as one, this case evidently resolves itself into the last; and all the observations which we have just made will fully apply to it. Mr. Mill says, that “any two of the parties, by combining, may swallow up the third;” and afterwards asks, “How it is possible to prevent two of them from combining to swallow up the third?” Surely Mr. Mill must be aware that in politics two is not always the double of one. If the concurrence of all the three branches of the legislature be necessary to every law, each branch will possess constitutional power sufficient to protect it against any thing but that physical force from which no form of government is secure. Mr. Mill reminds us of the Irishman, who could not be brought to understand how one juryman could possibly starve out eleven others. But is it certain that two of the branches of the legislature will combine against the third? “It appears to be as certain,” says Mr. Mill, “as any thing which depends upon human will; because there are strong motives in favour of it, and none that can be conceived in opposition to it.” He subsequently sets forth what these motives are. The interest of the democracy is that each individual should receive protection. The interest of the King and the aristocracy is to have all the power that they can obtain, and to use it for their own ends. Therefore the King and the {28}aristocracy have all possible motives for combining against the people. If our readers will look back to the passage quoted above, they will see that we represent Mr. Mill’s argument quite fairly. Now we should have thought that, without the help of either history or experience, Mr. Mill would have discovered, by the light of his own logic, the fallacy which lurks, and indeed scarcely lurks, under this pretended demonstration. The interest of the King may be opposed to that of the people. But is it identical with that of the aristocracy? In the very page which contains this argument, intended to prove that the King and the aristocracy will coalesce against the people, Mr. Mill attempts to show that there is so strong an opposition of interest between the King and the aristocracy that if the powers of government are divided between them the one will inevitably usurp the power of the other. If so, he is not entitled to conclude that they will combine to destroy the power of the people merely because their interests may be at variance with those of the people. He is bound to show, not merely that in all communities the interest of a king must be opposed to that of the people, but also that, in all communities, it must be more directly opposed to the interest of the people than to the interest of the aristocracy. But he has not shown this. Therefore he has not proved his proposition on his own principles. To quote history would be a mere waste of time. Every schoolboy, whose studies have gone so far as the Abridgments of Goldsmith, can mention instances in which sovereigns have allied themselves with the people against the aristocracy, and in which the nobles have allied themselves with the people against the sovereign. In general, when there are three parties {29}every one of which has much to fear from the others, it is not found that two of them combine to plunder the third. If such a combination be formed it scarcely ever effects its purpose. It soon becomes evident which member of the coalition is likely to be the greater gainer by the transaction. He becomes an object of jealousy to his ally, who, in all probability, changes sides, and compels him to restore what he has taken. Everybody knows how Henry VIII. trimmed between Francis and the Emperor Charles. But it is idle to cite examples of the operation of a principle which is illustrated in almost every page of history, ancient or modern, and to which almost every state in Europe has, at one time or another, been indebted for its independence. Mr. Mill has now, as he conceives, demonstrated that the simple forms of government are bad, and that the mixed forms cannot possibly exist. There is still, however, it seems, a hope for mankind. “_In the grand discovery of modern times, the system of representation, the solution of all the difficulties, both speculative and practical, will perhaps be found. If it cannot, we seem to be forced upon the extraordinary conclusion, that good government is impossible. For, as there is no individual or combination of individuals, except the community itself, who would not have an interest in bad government if intrusted with its powers, and as the community itself is incapable of exercising those powers, and must intrust them to certain individuals, the conclusion is obvious: the community itself must check those individuals; else they will follow their interest, and produce bad government. But how is it the community can cheek? The community can act only when assembled; and when assembled, it is incapable of acting. The community, however, can choose representatives_.” The next question is--How must the representative body be constituted? Mr. Mill lays down two principles, {30}about which, he says, “it is unlikely that there will be any dispute.” “First, The checking body must haye a degree of power sufficient for the business of checking.” “Secondly, It must have an identity of interest with the community. Otherwise, it will make a mischievous use of its power.” The first of these propositions certainly admits of no dispute. As to the second, we shall hereafter take occasion to make some remarks on the sense in which Mr. Mill understands the words “interest of the community.” It does not appear very easy, on Mr. Mill’s principles, to find out any mode of making the interest of the representative body identical with that of the constituent body. The plan proposed by Mr. Mill is simply that of very frequent election. “As it appears,” says he, “that limiting the duration of their power is a security against the sinister interest of the people’s representatives, so it appears that it is the only security of which the nature of the case admits.” But all the arguments by which Mr. Mill has proved monarchy and aristocracy to be pernicious will, as it appears to us, equally prove this security to be no security at all. Is it not clear that the representatives, as soon as they are elected, are an aristocracy, with an interest opposed to the interest of the community? Why should they not pass a law for extending the term of their power from one year to ten years, or declare themselves senators for life? If the whole legislative power is given to them, they will be constitutionally competent to do this. If part of the legislative power is withheld from them, to whom is that part given? Is the people to retain it, and to express its assent or dissent in primary {31}assemblies? Mr. Mill himself tells us that the community can only act when assembled, and that, when assembled, it is incapable of acting. Or is it to be provided, as in some of the American republics, that no change in the fundamental laws shall be made without the consent of a convention, specially elected for the purpose? Still the difficulty recurs: Why may not the members of the convention betray their trust, as well as the members of the ordinary legislature? When private men, they may have been zealous for the interests of the community. When candidates, they may have pledged themselves to the cause of the constitution. But, as soon as they are a convention, as soon as they are separated from the people, as soon as the supreme power is put into their hands, commences that interest opposite to the interest of the community which must, according to Mr. Mill, produce measures opposite to the interests of the community. We must find some other means, therefore, of checking this check upon a check; some other prop to carry the tortoise, that carries the elephant, that carries the world. We know well that there is no real danger in such a case. But there is no danger only because there is no truth in Mr. Mill’s principles. If men were what he represents them to be, the letter of the very constitution which he recommends would afford no safeguard against bad government. The real security is this, that legislators will be deterred by the fear of resistance and of infamy from acting in the manner which we have described. But restraints, exactly the same in kind, and differing only in degree, exist in all forms of government. That broad line of distinction which Mr. Mill tries to point out between monarchies and aristocracies {32}on the one side, and democracies on the other, has in fact no existence. In no form of government is there an absolute identity of interest between the people and their rulers. In every form of government, the rulers stand in some awe of the people. The fear of resistance and the sense of shame operate, in a certain degree, on the most absolute kings and the most illiberal oligarchies. And nothing but the fear of resistance and the sense of shame preserves the freedom of the most democratic communities from the encroachments of their annual and biennial delegates. We have seen how Mr. Mill proposes to render the interest of the representative body identical with that of the constituent body. The next question is, in what manner the interest of the constituent body is to be rendered identical with that of the community. Mr. Mill shows that a minority of the community, consisting even of many thousands, would be a bad constituent body, and, indeed, merely a numerous aristocracy. “The benefits of the representative system,” says he, “are lost, in all cases in which the interests of the choosing body are not the same with those of the community. It is very evident, that if the community itself were the choosing body, the interest of the community and that of the choosing body would be the same.” On these grounds Mr. Mill recommends that all males of mature age, rich and poor, educated and ignorant, shall have votes. But why not the women too? This question has often been asked in parliamentary debate, and has never, to our knowledge, received a plausible answer. Mr. Mill escapes from it as fast as he can. But we shall take the liberty to dwell a little on the words of the oracle. “One thing,” says he, “is {33}pretty clear, that all those individuals whose interests are involved in those of other individuals, may be struck off without inconvenience.... In this light women may be regarded, the interest of almost all of whom is involved either in that of their fathers, or in that of their husbands.” If we were to content ourselves with saying, in answer to all the arguments in Mr. Mill’s essay, that the interest of a king is involved in that of the community, we should be accused, and justly, of talking nonsense. Yet such an assertion would not, as far as we can perceive, be more unreasonable than that which Mr. Mill has here ventured to make. Without adducing one fact, without taking the trouble to perplex the question by one sophism, he placidly dogmatises away the interest of one half of the human race. If there be a word of truth in history, women have always been, and still are, over the greater part of the globe, humble companions, playthings, captives, menials, beasts of burden. Except in a few happy and highly civilised communities, they are strictly in a state of personal slavery. Even in those countries where they are best treated, the laws are generally unfavourable to them, with respect to almost all the points in which they are most deeply interested. Mr. Mill is not legislating for England or the United States; but for mankind. Is then the interest of a Turk the same with that of the girls who compose his harem? Is the interest of a Chinese the same with that of the woman whom he harnesses to his plough? Is the interest of an Italian the same with that of the daughter whom he devotes to God? The interest of a respectable Englishman may be said, without any impropriety, to be identical with that of his wife. But {34}why is it so? Because human nature is _not_ what Mr. Mill conceives it to be; because civilised men, pursuing their own happiness in a social state, are not Yahoos fighting for carrion; because there is a pleasure in being loved and esteemed, as well as in being feared and servilely obeyed. Why does not a gentleman restrict his wife to the bare maintenance which the law would compel him to allow her, that he may have more to spend on his personal pleasures? Because, if he loves her, he has pleasure in seeing her pleased; and because, even if he dislikes her, he is unwilling that the whole neighbourhood should cry shame on his meanness and ill-nature. Why does not the legislature, altogether composed of males, pass a law to deprive women of all civil privileges whatever, and reduce them to the state of slaves? By passing such a law, they would gratify what Mr. Mill tells us is an inseparable part of human nature, the desire to possess unlimited power of inflicting pain upon others. That they do not pass such a law, though they have the power to pass it, and that no man in England wishes to see such a law passed, proves that the desire to possess unlimited power of inflicting pain is not inseparable from human nature. If there be in this country an identity of interest between the two sexes, it cannot possibly arise from any thing but the pleasure of being loved, and of communicating happiness. For, that it does not spring from the mere instinct of sex, the treatment which women experience over the greater part of the world abundantly proves. And, if it be said that our laws of marriage have produced it, this only removes the argument a step further; for those laws have been made by males. Now, if the kind feelings of one half of the species be a sufficient security for the happiness of the other, {35}why may not the kind feelings of a monarch or an aristocracy he sufficient at least to prevent them from grinding the people to the very utmost of their power? If Mr. Mill will examine why it is that women are better treated in England than in Persia, he may perhaps find out, in the course of his inquiries, why it is that the Danes are better governed than the subjects of Caligula. We now come to the most important practical question in the whole essay. Is it desirable that all males arrived at years of discretion should vote for representatives, or should a pecuniary qualification be required? Mr. Mill’s opinion is, that the lower the qualification the better; and that the best system is that in which there is none at all. “_The qualification,” says he, “must either be such as to embrace the majority of the population, or something less than the majority. Suppose, in the first place, that it embraces the majority, the question is, whether the majority would have an interest in oppressing those who, upon this supposition, would be deprived of political power? If we reduce the calculation to its elements, we shall see that the interest which they would have of this deplorable kind, though it would be something, would not be very great. Each man of the majority, if the majority were constituted the governing body, would have something less than the benefit of oppressing a single man. If the majority were twice as great as the minority, each man of the majority would only have one half the benefit of oppressing a single man.... Suppose, in the second place, that the qualification did not admit a body of electors so large as the majority, in that case taking again the calculation in its elements, we shall see that each man would have a benefit equal to that derived from the oppression of more than one man; and that, in proportion as the elective body constituted a smaller and smaller minority, the benefit of misrule to the elective body would be increased, and bad government would be insured_.” The first remark which we have to make on this argument {36}is, that, by Mr. Mill’s own account, even a government in which every human being should vote would still be defective. For, under a system of universal suffrage, the majority of the electors return the representative, and the majority of the representatives make the law. The whole people may vote, therefore; but only the majority govern. So that, by Mr. Mill’s own confession, the most perfect system of government conceivable is one in which the interest of the ruling body to oppress, though not great, is something. But is Mr. Mill in the right when he says that such an interest could not be very great? We think not. If, indeed, every man in the community possessed an equal share of what Mr. Mill calls the objects of desire, the majority would probably abstain from plundering the minority. A large minority would offer a vigorous resistance; and the property of a small minority would not repay the other members of the community for the trouble of dividing it. But it happens that in all civilised communities there is a small minority of rich men, and a great majority of poor men. If there were a thousand men with ten pounds apiece, it would not be worth while for nine hundred and ninety of them to rob ten, and it would be a bold attempt for six hundred of them to rob four hundred. But, if ten of them had a hundred thousand pounds apiece, the case would be very different. There would then be much to be got, and nothing to be feared. “That one human being will desire to render the person and property of another subservient to his pleasures, notwithstanding the pain or loss of pleasure which it may occasion to that other individual, is,” according to Mr. Mill, “the foundation of government.” That the property of the rich minority can be made subservient {37}to the pleasures of the poor majority will scarcely be denied. But Mr. Mill proposes to give the poor majority power over the rich minority. Is it possible to doubt to what, on his own principles such an arrangement must lead? It may perhaps be said that, in the long run, it is for the interest of the people that property should be secure, and that therefore they will respect it. We answer thus:--It cannot be pretended that it is not for the immediate interest of the people to plunder the rich. Therefore, even if it were quite certain that, in the long run, the people would, as a body, lose by doing so, it would not necessarily follow that the fear of remote ill consequences would overcome the desire of immediate acquisitions. Every individual might flatter himself that the punishment would not fall on him. Mr. Mill himself tells us, in his Essay on Jurisprudence, that no quantity of evil which is remote and uncertain will suffice to prevent crime. But we are rather inclined to think that it would, on the whole, be for the interest of the majority to plunder the rich. If so, the Utilitarians will say, that the rich _ought_ to be plundered. We deny the inference. For, in the first place, if the object of government be the greatest happiness of the greatest number, the intensity of the suffering which a measure inflicts must be taken into consideration, as well as the number of the sufferers. In the next place, we have to notice one most important distinction which Mr. Mill has altogether overlooked. Throughout his essay, he confounds the community with the species. He talks of the greatest happiness of the greatest number: but, when we examine his reasonings, we find that he thinks only of the greatest number of a single generation. {38}Therefore, even if we were to concede that all those arguments of which we have exposed the fallacy are unanswerable, we might still deny the conclusion at which the essayist arrives. Even if we were to grant that he had found out the form of government which is best for the majority of the people now living on the face of the earth, we might still without inconsistency maintain that form of government to be pernicious to mankind. It would still be incumbent on Mr. Mill to prove that the interest of every generation is identical with the interest of all succeeding generations. And how on his own principles he could do this we are at a loss to conceive. The case, indeed, is strictly analogous to that of an aristocratic government. In an aristocracy, says Mr. Mill, the few, being invested with the powers of government, can take the objects of their desires from the people. In the same manner, every generation in turn can gratify itself at the expense of posterity,--priority of time, in the latter case, giving an advantage exactly corresponding to that which superiority of station gives in the former. That an aristocracy will abuse its advantage, is, according to Mr. Mill, matter of demonstration. Is it not equally certain that the whole people will do the same; that, if they have the power, they will commit waste of every sort on the estate of mankind, and transmit it to posterity impoverished and desolated? How is it possible for any person who holds the doctrines of Mr. Mill to doubt that the rich, in a democracy such as that which he recommends, would be pillaged as unmercifully as under a Turkish Pacha? It is no doubt for the interest of the next generation, and it may be for the remote interest of the present {39}generation, that property should be held sacred. And so no doubt it will be for the interest of the next Pacha, and even for that of the present Pacha, if he should hold office long, that the inhabitants of his Pachalik should be encouraged to accumulate wealth. Scarcely any despotic sovereign has plundered his subjects to a large extent without having reason before the end of his reign to regret it. Every body knows how bitterly Louis the Fourteenth, towards the close of his life, lamented his former extravagance. If that magnificent prince had not expended millions on Marli and Versailles, and tens of millions on the aggrandisement of his grandson, he would not have been compelled at last to pay servile court to low-born money-lenders, to humble himself before men on whom, in the days of his pride, he would not have vouchsafed to look, for the means of supporting even his own household. Examples to the same effect might easily be multiplied. But despots, we see, do plunder their subjects, though history and experience tell them that, by prematurely exacting the means of profusion, they are in fact devouring the seed-corn from which the future harvest of revenue is to spring. Why then should we suppose that the people will be deterred from procuring immediate relief and enjoyment by the fear of distant calamities, of calamities which perhaps may not be fully felt till the times of their grand-children? These conclusions are strictly drawn from Mr. Mill’s own principles: and, unlike most of the conclusions which he has himself drawn from those principles, they are not, as far as we know, contradicted by facts. The case of the United States is not in point. In a country where the necessaries of life are cheap and the wages of labour high, where a man who has no capital {40}but his legs and arms may expect to become rich by industry and frugality, it is not very decidedly even for the immediate advantage of the poor to plunder the rich; and the punishment of doing so would very speedily follow the offence. But in countries in which the great majority live from hand to mouth, and in which vast masses of wealth have been accumulated by a comparatively small number, the case is widely different. The immediate want is, at particular seasons, craving, imperious, irresistible. In our own time it has steeled men to the fear of the gallows, and urged them on the point of the bayonet. And, if these men had at their command that gallows and those bayonets which now scarcely restrain them, what is to be expected? Nor is this state of things one which can exist only under a bad government. If there be the least truth in th