Representative Government [92]
others endurable, rests on the practical observance of doctrines of constitutional morality; traditional notions in the minds of the several constituted authorities, which modify the use that might otherwise be made of their powers. In unbalanced governments- pure monarchy, pure aristocracy, pure democracy- such maxims are the only barrier which restrains the government from the utmost excesses in the direction of its characteristic tendency. In imperfectly balanced governments, where some attempt is made to set constitutional limits to the impulses of the strongest power, but where that power is strong enough to overstep them with at least temporary impunity, it is only by doctrines of constitutional morality, recognised and sustained by opinion, that any regard at all is preserved for the checks and limitations of the constitution. In well-balanced governments, in which the supreme power is divided, and each sharer is protected against the usurpations of the others in the only manner possible- namely, by being armed for defence with weapons as strong as the others can wield for attack- the government can only be carried on by forbearance on all sides to exercise those extreme powers, unless provoked by conduct equally extreme on the part of some other sharer of power: and in this case we may truly say that only by the regard paid to maxims of constitutional morality is the constitution kept in existence. The question of pledges is not one of those which vitally concern the existence of representative governments; but it is very material to their beneficial operation. The laws cannot prescribe to the electors the principles by which they shall direct their choice; but it makes a great practical difference by what principles they think they ought to direct it. And the whole of that great question is involved in the inquiry whether they should make it a condition that the representative shall adhere to certain opinions laid down for him by his constituents. No reader of this treatise can doubt what conclusion, as to this matter, results from the general principles which it professes. We have from the first affirmed, and unveryingly kept in view, the co-equal importance of two great requisites of government: responsibility to those for whose benefit political power ought to be, and always professes to be, employed; and jointly therewith to obtain, in the greatest measure possible, for the function of government the benefits of superior intellect, trained by long meditation and practical discipline to that special task. If this second purpose is worth attaining, it is worth the necessary price. Superior powers of mind and profound study are of no use if they do not sometimes lead a person to different conclusions from those which are formed by ordinary powers of mind without study: and if it be an object to possess representatives in any intellectual respect superior to average electors, it must be counted upon that the representative will sometimes differ in opinion from the majority of his constituents, and that when he does, his opinion will be the oftenest right of the two. It follows that the electors will not do wisely if they insist on absolute conformity to their opinions as the condition of his retaining his seat. The principle is, thus far, obvious; but there are real difficulties in its application: and we will begin by stating them in their greatest force. If it is important that the electors should choose a representative more highly instructed than themselves, it is no less necessary that this wiser man should be responsible to them; in other words, they are the judges of the manner in which he fulfils his trust: and how are they to judge, except by the standard of their own opinions? How are they even to select him in the first instance but by the same standard? It will not do to choose by mere brilliancy- by superiority of showy talent. The tests by which an ordinary man can judge beforehand of mere ability are very imperfect: such as they are, they have almost exclusive reference to the arts of expression,