The Miscellaneous Writings and Speeches-2 [58]
invests the two branches of the legislature; and we ask Mr Mill how, on his own principles, he can 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 is it 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 anything 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 anything 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 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, 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