The Miscellaneous Writings and Speeches-2 [59]
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 check? 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, about which, he says, "it is unlikely that there will be any dispute." "First, The checking body must have 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 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