The Miscellaneous Writings and Speeches-2 [93]
his orders against the people, they would not have suffered him to decimate their own body. In other words, there was a portion of power in the hands of a minority of the people, that is to say, in the hands of an aristocracy, under the reign of Napoleon. To come nearer home,--Mr Mill tells us that it is a mistake to imagine that the English government is mixed. He holds, we suppose, with all the politicians of the Utilitarian school, that it is purely aristocratical. There certainly is an aristocracy in England; and we are afraid that their power is greater than it ought to be. They have power enough to keep up the game-laws and corn-laws; but they have not power enough to subject the bodies of men of the lowest class to wanton outrage at their pleasure. Suppose that they were to make a law that any gentleman of two thousand a-year might have a day-labourer or a pauper flogged with a cat-of-nine-tails whenever the whim might take him. It is quite clear that the first day on which such flagellation should be administered would be the last day of the English aristocracy. In this point, and in many other points which might be named, the commonalty in our island enjoy a security quite as complete as if they exercised the right of universal suffrage. We say, therefore, that the English people have in their own hands a sufficient guarantee that in some points the aristocracy will conform to their wishes;--in other words, they have a certain portion of power over the aristocracy. Therefore the English government is mixed. Wherever a king or an oligarchy refrains from the last extremity of rapacity and tyranny through fear of the resistance of the people, there the constitution, whatever it may be called, is in some measure democratical. The admixture of democratic power may be slight. It may be much slighter than it ought to be; but some admixture there is. Wherever a numerical minority, by means of superior wealth or intelligence, of political concert, or of military discipline, exercises a greater influence on the society than any other equal number of persons,--there, whatever the form of government may be called, a mixture of aristocracy does in fact exist. And, wherever a single man, from whatever cause, is so necessary to the community, or to any portion of it, that he possesses more power than any other man, there is a mixture of monarchy. This is the philosophical classification of governments: and if we use this classification we shall find, not only that there are mixed governments, but that all governments are, and must always be, mixed. But we may safely challenge Mr Mill to give any definition of power, or to make any classification of governments, which shall bear him out in his assertion that a lasting division of authority is impracticable. It is evidently on the real distribution of power, and not on names and badges, that the happiness of nations must depend. The representative system, though doubtless a great and precious discovery in politics, is only one of the many modes in which the democratic part of the community can efficiently check the governing few. That certain men have been chosen as deputies of the people,--that there is a piece of paper stating such deputies to possess certain powers,--these circumstances in themselves constitute no security for good government. Such a constitution nominally existed in France; while, in fact, an oligarchy of committees and clubs trampled at once on the electors and the elected. Representation is a very happy contrivance for enabling large bodies of men to exert their power with less risk of disorder than there would otherwise be. But, assuredly, it does not of itself give power. Unless a representative assembly is sure of being supported in the last resort by the physical strength of large masses who have spirit to defend the constitution and sense to defend it in concert, the mob of the town in which it meets may overawe it;--the howls of the listeners in its glory may silence its deliberations;--an able and daring individual may dissolve