§ 8.

That it cannot last longer than needful may be readily proved. In a way equally simple and perfect it is made to decline as fast as it can be done without. The very feeling, during whose minority it exercises regency over men, becomes the destroyer of its power. Between the temporary ruler and the ultimate rightful one, there is an unceasing conflict, in which the wane of influence on the one side is necessitated by its growth on the other.

For, as already shown (p. 97), the sense of rights, by whose sympathetic excitement men are led to behave justly towards each other, is the same sense of rights by which they are prompted to assert their own claims—their own liberty of action—their own freedom to exercise their faculties, and to resist every encroachment. This impulse brooks no restraint, save that imposed by fellow feeling; and disputes all assumption of extra privilege by whomsoever made. Consequently, it is in perpetual antagonism with a sentiment which delights in sub-serviency. “Reverence this authority,” suggests power-worship. “Why should I? who set it over me?” demands instinct of freedom. “Obey,” whispers the one. “Rebel,” mutters the other. “I will do what your Highness bids,” says the one with bated breath. “Pray, sir,” shouts the other, “who are you, that you should dictate to me?” “This man is Divinely appointed to rule over us, and we ought therefore to submit,” argues the one. “I tell you, no,” replies the other; “we have Divinely-endorsed claims to freedom, and it is our duty to maintain them.” And thus the controversy goes on: conduct during each phase of civilization being determined by the relative strengths of the two feelings. Whilst yet too feeble to be operative as a social restraint, moral sense, by its scarcely-heard protest, does not hinder a predominant hero-worship from giving possibility to the most stringent despotism. Gradually, as it grows strong enough to deter men from the grosser trespasses upon each other, does it also grow strong enough to Edition: current; Page: [428] struggle successfully against that excess of coercion no longer required. And when it shall finally have attained sufficient power to give men, by its reflex function, so perfect a regard for each other’s rights as to make government needless; then will it also, by its direct function, give men so wakeful a jealousy of their own rights as to make government impossible. A further example, this, of the admirable simplicity of nature. The same sentiment which fits us for freedom, itself makes us free.

Of course the institutions of any given age exhibit the compromise made by these contending moral forces at the signing of their last truce. Between the state of unlimited government arising from supremacy of the one feeling, and the state of no government arising from supremacy of the other, lie intermediate forms of social organization, beginning with “despotism tempered by assassination,” and ending with that highest development of the representative system, under which the right of constituents to instruct their delegates is fully admitted—a system which, by making the nation at large a deliberative body, and reducing the legislative assembly to an executive, carries self-government to the fullest extent compatible with the existence of a ruling power. Of necessity the mixed constitutions that characterize this transition period, are in the abstract absurd. The two feelings answering to the popular and monarchical elements, being antagonistic, give utterance to antagonistic ideas. And to suppose that these can be consistently united, is to suppose that yes and no can be reconciled. The monarchical theory is, that the people are in duty bound to submit themselves with all humility to a certain individual—ought to be loyal to him—ought to give allegiance to him, that is—ought to subordinate their wills to his will. Contrariwise the democratic theory—either as specifically defined, or as embodied in our own constitution under the form of a power to withhold supplies and in the legal fiction that the citizen assents to the laws he has to obey—is, that the people ought not to be subject to the will of one, but should fulfil their own wills. Edition: current; Page: [429] Now these are flat contradictions, which no reasoning can harmonize. If a king may rightfully claim obedience, then should that obedience be entire; else there starts up the unanswerable question—why must we obey in this and not in that? But if men should mainly rule themselves, then should they rule themselves altogether. Otherwise it may be asked—why are they their own masters in such and such cases, and not in the rest?

Nevertheless, though these mixed governments, combining as they do two mutually-destructive hypotheses, are utterly irrational in principle, they must of necessity exist, so long as they are in harmony with the mixed constitution of the partially-adapted man. And it seems that the radical incongruity pervading them cannot be recognized by men, whilst there exists a corresponding incongruity in their own natures: a good illustration of the law that opinion is ultimately determined by the feelings, and not by the intellect.