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In Defense of the English
Constitution |
| [From The English
Constitution, 1867] |
... No one can approach to an understanding of the English
institutions, or of others which, being the growth of many centuries,
exercise a wide sway over mixed populations, unless he divide them into
two classes. In such constitutions there are two parts (not indeed
separable with microscopic accuracy, for the genius of great affairs
abhors nicety of division: first, those which excite and preserve the
reverence of the population -- the dignified parts, if I may so
call them; and next, the efficient parts -- those by which it,
in fact, works and rules. There are two great objects which every
constitution must attain to be successful, which every old and
celebrated one must have wonderfully achieved: every constitution must
first gain authority, and then use authority; it must
first win the loyalty and confidence of mankind, and then employ that
homage in the work of government. There are indeed practical men who
reject the dignified parts of government. They say, we want only to
attain results, to do business: a constitution is a collection of
political means for political ends, and if you admit that any part of a
constitution does no business, or that a simpler machine would do
equally well what it does, you admit that this part of the constitution,
however dignified or awful it may be, is nevertheless in truth useless.
And other reasoners, who distrust this bare philosophy, have propounded
subtle arguments to prove that these dignified parts of old governments
are cardinal components of the essential apparatus, great pivots of
substantial utility; and so they manufactured fallacies which the
plainer school have well exposed. But both schools are in error. The
dignified parts of government are those which bring it force -- which
attract its motive power. The efficient parts only employ that power.
The comely parts of a government have need, for they are those
upon which its vital strength depends. They may not do anything definite
that a simpler polity would not do better; but they are the
preliminaries, the needful prerequisites of all work. They raise
the army, though they do not win the battle.
Doubtless, if all subjects of the same government only thought of what
was useful to them, and if they ail thought the same thing useful, and
all thought that same thing could be attained in the same way, the
efficient members of a constitution would suffice, and no impressive
adjuncts would be needed. But the world in which we live is organized
far otherwise.
The most strange fact, though the most certain in nature, is the
unequal development of the human race. If we look back to the early ages
of mankind, such as we seem in the faint distance to see them -- if we
call up the image of those dismal tribes in lake villages, or on
wretched beaches -- scarcely equal to the commonest material needs,
cutting down trees slowly and painfully with stone tools, hardly
resisting the attacks of huge, fierce animals -- without culture,
without leisure, without poetry, almost without thought -- destitute of
morality, with only a sort of magic for religion; and if we compare that
imagined life with the actual life of Europe now, we are overwhelmed at
the wide contrast -- we can scarcely conceive ourselves to be of the
same race as those in the far distance. There used to be a notion -- not
so much widely asserted as deeply implanted, rather pervadingly latent
than commonly apparent in political philosophy -- that in a little
while, perhaps ten years or so, all human beings might, without
extraordinary appliances, be brought to the same level. But now, when we
see by the painful history of mankind at what point we began, by what
slow toil, what favourable circumstances, what accumulated achievements,
civilized man has become at all worthy in any degree so to call himself
-- when we realize the tedium of history and the painfulness of results
-- our perceptions are sharpened as to the relative steps of our long
and gradual progress. We have in a great community like England crowds
of people scarcely more civilized than the majority of two thousand
years ago; we have others, even more numerous, such as the best people
were a thousand years since. The lower orders, the middle orders, are
still, when tried by what is the standard of the educated "ten
thousand," narrow-minded, unintelligent, incurious. It is useless
to pile up abstract words. Those who doubt should go out into their
kitchens. Let an accomplished man try what seems to him most obvious,
most certain, most palpable in intellectual matters, upon the housemaid
and the footman, and he will find that what he says seems
unintelligible, confused, and erroneous -- that his audience think him
mad and wild when he is speaking what is in his own sphere of thought
the dullest platitude of cautious soberness. Great communities are
like-great mountains -- they have in them the primary, secondary, and
tertiary strata of human progress; the characteristics of the lower
regions resemble the life of old times rather than the present life of
the higher regions. And a philosophy which does not ceaselessly
remember, which does not continually obtrude, the palpable differences
of the various parts, will be a theory radically false, because it has
omitted a capital reality -- will be a theory essentially misleading,
because it will lead men to expect what docs not exist, and not to
anticipate that which they will find.
Every one knows these plain facts, but by no means every one has traced
their political importance. When a state is constituted thus, it is not
true that the lower classes will be wholly absorbed in the useful; on
the contrary, they do not like anything so poor. No orator ever made an
impression by appealing to men as to their plainest physical wants,
except when he could allege that those wants were caused by some one's
tyranny. But thousands have made the greatest impression by appealing to
some vague dream of glory, or empire, or nationality. The ruder sort of
men -- that is, men at one stage of rudeness -- will sacrifice all they
hope for, all they have, them selves, for what is called an idea -- for
some attraction which seems to transcend reality, which aspires to
elevate men by an interest higher, deeper, wider than that of ordinary
life. But this order of men are uninterested in the plain, palpable ends
of government; they do not prize them; they do not in the least
comprehend how they should be attained. It is very natural, therefore,
that the most useful parts of the structure of government should by no
means be those which excite the most reverence. The elements which
excite the most easy reverence will be the theatrical elements
-- those which appeal to the senses, which claim to be embodiments of
the greatest human ideas, which boast in some cases of far more than
human origin. That which is mystic in its claims; that which is occult
in its mode of action; that which is brilliant to the eye; that which is
seen vividly for a moment, and then is seen no more; that which is
hidden and unhidden; that which is specious, and yet interesting,
palpable in its seeming, and yet professing to be more than palpable in
its results; this, howsoever its form may change, or however we may
define it or describe it, is the sort of thing -- the only sort -- which
yet comes home to the mass of men. So far from the dignified parts of a
constitution being necessarily the most useful, they are likely,
according to outside presumption, to be the least so; for they are
likely to be adjusted to the lowest orders -- those likely to care least
and judge worst about what is useful.
There is another reason which, in an old constitution like that of
England, is hardly less important. The most intellectual of men are
moved quite as much by the circumstances which they are used to as by
their own will. The active voluntary part of a man is very small, and if
it were not economized by a sleepy kind of habit, its results would be
null. We could not do every day out of our own heads all we have to do.
We should accomplish nothing, for all our energies would be frittered
away in minor attempts at petty improvement. One man, too, would go off
from the known track in one direction, and one in another; so that when
a crisis came requiring massed combination, no two men would be near
enough to act together. It is the dull traditional habit of mankind that
guides most men's actions, and is the steady frame in which each new
artist must set the picture that he paints. And all this traditional
part of human nature is, ex vi termini, most easily impressed and acted
on by that which is handed down. Other things being equal, yesterday's
institutions are by far the best for today; they are the most ready, the
most influential, the most easy to get obeyed, the most likely to retain
the reverence which they alone inherit, and which every other must win.
The most imposing institutions of mankind are the oldest; and yet so
changing is the world, so fluctuating are its needs, so apt to lose
inward force, though retaining outward strength, are its best
instruments, that we must not expect the oldest institutions to be now
the most efficient. We must expect what is venerable to acquire
influence because of its inherent dignity; but we must not expect it to
use that influence so well as new creations apt for the modern world,
instinct with its spirit, and fitting closely to its life.
The brief description of the characteristic merit of the English
Constitution is, that its dignified parts are very complicated and
somewhat imposing, very old and rather venerable; while its efficient
part, at least when in great and critical action, is decidedly simple
and rather modern. We have made, or rather stumbled on, a constitution
which-though full of every species of incidental defect, though of the
worst workmanship in all out-of-the-way matters of any
constitution in the world -- yet has two capital merits: it contains a
simple efficient part which, on occasion, and when wanted, can work more
simply and easily, and better, than any instrument of government that
has yet been tried; and it contains likewise historical, complex,
august, theatrical parts, which it has inherited from a long past --
which take the multitude -- which guide by an insensible but an
omnipotent influence the associations of its subjects. Its essence is
strong with the strength of modern simplicity; its exterior is august
with the Gothic grandeur of a more imposing age. Its simple essence may,
mutatis mutandis, be transplanted to many very various
countries, but its august outside -- what most men think it is -- is
narrowly confined to nations with an analogous history and similar
political materials.
The efficient secret of the English Constitution may be described as
the close union, the nearly complete fusion, of the executive and
legislative powers. No doubt by the traditional theory, as it exists in
all the books, the goodness of our constitution consists in the entire
separation of the legislative and executive authorities, but in truth
its merit consists in their singular approximation. The connecting link
is the cabinet By that new word we mean a committee of the legislative
body selected to be the executive body. The legislature has many
committees, but this is the greatest. It chooses for this, its main
committee, the men in whom it has most confidence. It does not, it is
true, choose them directly; but it is nearly omnipotent in choosing them
indirectly. ...But as a rule, the nominal prime minister is chosen by
the legislature, and the real prime minister for most purposes -- the
leader of the House of Commons -- almost without exception is so. There
is nearly always some one man plainly selected by the voice of the
predominant party in the predominant house of the legislature to head
that party, and consequently to rule the nation. We have in England an
elective first magistrate as truly as the Americans have an elective
first magistrate. The Queen is only at the head of the dignified part of
the constitution. The prime minister is at the head of the efficient
part. The Crown is, according to the saying, the "fountain of
honour;" but the Treasury is the spring of business. Nevertheless
our first magistrate differs from the American. He is not elected
directly by the people; he is elected by the representatives of the
people. He is an example of "double election." The legislature
chosen, in name, to make laws, in fact finds its principal business in
making and in keeping an executive....
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