Spencer’

sSyntheticPhilosophy.FIRST PRINCIPLE

I. Tax Ultimourm .

II. LA“ or m : Knowm l.

TI] ! PRINCIPLE OI"BIOLOGY. Vol. I.

1. Tu : Dr u or BIOLOGY .

II. Tn: Innum om or BIOLOGY.

III. Tn: Bvou rn on or LI" .

(a) 11 18 PRINCIPLE OP BIOLOGY. Vol. II.

IV. Mon nouomcn . Du n ca n-

r .

V. Pan towmcn . DIN -m u n ".

VI. Lu vs or Nun -mu cu s” .

(L ) TIIEPRINCIPLES OF PSYCHOLOGY. Vol. I.

I. Tn Dr u or Pnr cnonoor .

II. Tn: lance-n ous or Pur cnouou r .

III. Gu n “. Sm all-u .

IV. 8m m. Sw an n .

V. Plu m“. Stm u u .

(a) 11 18 PRINCIPLE OP PSYCHOLOGY. Vol. II.

VI. Sa en z. Alu mVII. 0m m Aun t ln .

VIII. Cowm a n .

(t ) PRINCIPLE OP SOCIOLOGY. Vol. I.

I. T n Dr u or Socxow cr .

II. T n Innocn om or Bon omar .

111. Tax Donm c Bu r ton .

PRIKCIPLE OP SOCIOLOGY. Vol. II.

IV. 0m m lum en .

V. Pou rwu . Inn -11 1mmVI. Beau -m en . lam a-m o” .

QB.) PRINCIPLES OF SOCIOLOGY. Vol.m.

o0 O 0

PRINCIPLE OP I ORALI'I'Y. Vol. I.

-lnc

II. Tn Inna -non or has

III. Tn lu te or hum mu s Lln

(10a) PRINCIPLES 0? HOW. Vol. I] .o o o o

D. APPm a CO, Pun t-I n s. N“ You .

ES S A Y S

SCIENTIFIC,POLITICA L

,

AN D SPECULA TIVE

BY

HERBERT SPENCER

L IBRA RY ED ITIONWNTAINING SEVEN ESSAYS NOT BEFOREREPUBLISRRDAND VARIOUS OTHER ADDITIONS

VOL. III

NEWY ORKD . A PPLETON A ND COMPANY

1891

CONTENTS OF VOL. III.

EANNERS AND PASS ION u . u .

RAILWAY llORALS AND RAILWAY POLICY u .

THEHORALS OP TRADE u .

PRISON- ETHICS u . u . 0 0 0

THEETHICS OP KANT u . u .

ABSOLUTEPOLITICAL ETHICS o

OVER- LEGISLATION

REPRESENTATIVE GOVERNEENT—WHAT IS IT GOOD

STATE- TAI PERINGSWITH HONEY AND BANKS

PARLIAEENTARY BEFORE: THEDANGERS AND THE SAFE

GUARDS

THECOLLECTIVEWISDOEPOLITICAL PETICH ISH

SPECIALIZED ADEINISTRATION

PRO! FREEDOII TO BONDAGE 0 0 0

THEAHERICANS

THE INDEX.

MANNERS AND FASHION.

[Fir stpublished in TheWestminste r Review for Apr ilWuor vnnhas studied the physxognomy of political meet

ings, cannot fail to have r emar ked a connexion betweendemocr atic Opinions and pecu liar ities of costume . At a

01111t demonstr ation,a lecture on Socialism, or a soir ée

of thefiends of Italy,the r e willb e seen many among the

audience , and a stilllar ger ratio among the speake‘r s

,who

get themse lves up in a style mor e or less unusual. One

gentleman on the platform div ideshis hair down the centr e,inste ad of on one side ; another br ushes it back off the forehead, in the fashion known as

“br inging out the inte llecta thir dhas so long forswor n the scissor s, thathis lockssweephis shoulder s. A spr inkling of moustaches may b eobser ved ; her e and ther e an impe r ial ; and occasionallysome cour ageous br eaker of conventions exhibits a fullgr own bear d.

* This nonconformity inhair is countenancedby var ious nonconformities in dr ess, shown by others of theassemblage . Bare necks, shir t- collar s it la Byr on, waistcoats cut Quake r fashion, wonde r fully shaggy gr eat coats,numer ous oddities in form and

'

colour , destr oy the monotonyusual in crowds. Even those exhibiting no conspicuouspeculiar ity, fr equently indicate by something in the patte r nof their clothes, that they pay small regar d to what their

2

tailor s tellthem about the pr evailing taste . And when the

the nm ber of u pg m d the abundanoe of felt hate

the black cylinders which tyrann ise over us wouldbe depoeed.

This r elationship betweeu politicaldisooutent aud dis

r cpublioanism is everywhere distinguished by its hirsuteness. The suthor ities of Pr ussia, Austx

-ia, and Italy, alikemooguiae ce r tain iorms ofhat as indieative of dinfi'ecfiou,and iulminate against them acoor diugly. In some places

the wear er of a blouse r uns a r isk oi being clu sed amongthe mmwh; aud in other ghe who would avoid the bu r eauof pofiommust bewm bowhe goes out in any but theordinary colour s. Thng domocracy abroad, as athome,tends towarda per soualsiugular ity. Nor is this sasociatiouof charwwr istim peouhar wmodem fimeg or to miormeu

of the ~ 8tsts. Ithas always existed ; and it has beenmanifested as muchiu r eligious agitations as in politiml

ones. The PM dhppr oviug of the loug curls of theCavaliers, “ of the ir principles, cut the ir own hair short,and so gained the name of “ Rouodheads.” Tho markedre ligious noneonformity of the Quakers was accompaniedby an oquaflyq uarked uoucouformity ofmanners—i n attire,in speech, in sanitation. The early Moravians not onlybelieved difier entlymutat the same time dm sed diflem tly,

tho m oeiatiou between polificalindepeudenoe and iude

pomdn m d pm oud wnducg is not a phenomeuon of

to-day ouly,we may sec alib e iu tbo sppearauee of i'u nklin

at the Fr enchoour t in plain‘clotha aud in the whitehstawor n by the last geum tiou of radicals. Originality dnotuw is m e to show itwlf in mor o ways wan oue. The

n usr ss AND r Asmou. 3

r emembrance that men who have in great things dive r gedfr om the beaten track, hav e fr equently done so in smal lthings likewise . Minor illustr ations may b e gather ed inalmost every cir cle .We believe that whoeve r will numbe ruphis r eforming and r ationalist acquaintances, will findamong them more than the usual pr opor tion of those who indr ess or behaviour exhibit some degr ee of what the wor ldcalls eccentr icity .

If it b e a fact that men of r evolutionar y aims in politicsor r e ligion,

ar e commonly r evolutionists in custom also,it is

not less a fact that those whose office it is to upholdestablished ar r angements in State and Chu r ch, ar e alsothose who most adhe r e to the social forms and Obser vancesbequeathed to us by past gener ations. Pr actices e lsewher eextinct stil l linge r about the head quar te r s of gove r nment.The monar ch still gives assent to Acts ofPar liament in theold Fr ench of the Normans ; and Norman Fr ench te rms ar estill used in law. Wigs

, suchas those we see depicted inold por traits, may yet b e found on the heads of judges andbar r iste r s. The Be efeate r s at the Towe r wear the costume

ofHenry VIIth’s body - guar d. The Univ e r sity dr ess of thepr esen t year var ies b ut little fr om that wor n soon afte r theReformation . The clar et- colour ed coat, knee - br eeches,lace shir t- fr ills

,white silk stockings, and buckled shoes

,

which once formed the usual attir e of a gentleman, stillsu r vive as the cou r t - dr ess. And it need scar ce ly b e saidthat at leve

'

es and dr awing- r ooms,the ce r emonies ar e pr e

scr ibed withan ex actness, and enfor ced with a r igou r , note lsewhe r e to b e found .

Can we consider these two se r ies of coincidences as accidental and unmeaning? Must we not r athe r conclude thatsome necessar y r e lationship obtains between them ? A r e

the r e not such things as a constitutional conser vatism,and

a constitu tional tendency to change ? Is the r e not a classwhich clings to the old in allthings and anothe r class so inlove with pr ogr ess as often to mistake nove lty for impr ove

4

me rit? Dowe notfind some men resdy to bow to estsblished

mehm thw ity ihm and r ejw t it if it fafls to jnsfifyitself ? And must not the minds thus ountraated tend to

become respectively oonformist and nonconformistmot only

in polities and religion, bnt'

m other thingsl Submission,whether ma gover nmeng to the dogmaaof eoclesiastics, orto that code of behaviour whichaoeiety atlargehaa set up,is essentially of the same uatu r e ; and the sentiment wbiehinduces r esistance to the despotism d rnle r s, eivil or

spir itual, likewise induoes r esistance to the despotim of theworld

’s usages. An enw tmenmalike of the legialatnr e,

the eonsistor y, and the saloon—allr egulations, formalor

vir tual, :have a eommon character they ar e alllimitatious

ofmen’s fr eedom.

“ Do this—Refrain from that,” are tbe

blank forms iutowhichthey may severally be wr itten ; and

winentafl imp im meng or sending to Coventrymr eter naltorments, as the ease may be. And if ra trainmhowevernamed, and thronghwhateve r apparaurs ofmesus eu r eised,

sre one in tbeir action upon meu, it mnsthappen that thosswho are patient under one kind of restraint,ar e likely to be

patient under another ; and conn r sely, tbat those impatientof restr aint in genen l, wflhm the aven gq tend to showtheir impatienoe in slldireotioua.

Tbst la w, Religion, and Manne r s are thus relsted, nndthat theyhave in oer tain oontrastod char acter istics of men

a common snppor t and a oommon danger , will,howsver , bsorigin. Little as from pr eseot appearances we shouldsuppo s it n ahdlyet find that at fir sg the oontrolof

wer e allone coutr ol. Suange u it uow n em we believs

it to be demonstr able that the r ules of etiqnette , theprovidom d the mmwhoohaud the commands d the

MANNERS AND PASHION.

decalogue, have gr own fr om the same r oot. If we go far

enough back into the ages ofpr imeval Fetishism,it becomes

man ifest that or iginally De ity, Chief, and Master of theCe r emonies wer e identical. To make good these positions

,

and to show their bear ing on what is to follow,it will be

necessar y he r e to traverse gr ound that is in par t somewhatbeaten

,and at fir st sight ir r e levant to our topic. We

will pass over it as quickly as consists with the exigenciesof the argument.

That the ear liest social aggr egations were r uled sole ly bythe willof the str ong man, few dispute .

* That from thestr ong man proceeded not only Monar chy

,but the concep

tion of a God, fewadmit : much as Car lyle and others havesaid in evident e of it. If

,howeve r , those who ar e unable

to be lieve this, will lay aside the ideas of God and man in

which they have been educated, and study the abor iginalideas of them, they will at least see some pr obability in thehypothesis. Let them r emembe r that befor e expe r iencehad yet taught men to distinguish between the possible and

the impossible and while they wer e r eady on the slightestsuggestion to ascr ibe unknown power s to any object and

make a fetish of it ; their conceptions of humanity and its

capacities wer e necessar ily vague,and without specific

limits . The man who by unusual str ength, or cunning,

achieved some thing that othe r shad failed to achiev e , or

something which they did not unde r stand,was conside r ed

by them as difier ing fr om themse lves ; and, as we see in

the belief of some Polynesians that only their chiefs havesou ls, or in that of the ancient Peruvians that their nobleswer e divine by bir th, the ascr ibed difi'e r ence was apt to b e

not one of degree only, b ut one of kind. Let them

r emembe r next,bow gr oss we r e the notions of God

,or

The few who disputed it would be r ighthowever . Ther e ar e stage

pr eceding that in whichchiefly power becomes established ; and in manycases it never does become established.

wards—how coecretaly gods we r e concsive d as m of

destr oyer,” “

the power

the "saer ed duty of blcod- r em gs

”wss acted on hy the

and to ccusume the r iauds placed em their altar s. Add to

md otherg the oldest beings are giauts ; that accor ding toa b aditwad gmd ogy the godg den i- gody aud in somecases men, ar e descended fr om these after the human

who n w the daughtsn of men that they wene taig tbe

Teutonic myths tellcf unions betwsen the sons clmeu and

the daugbter s oi the gods. In t them reme rnbag toofihatat fir st the idcs of deathdifler ed widslyfi-om that whichwe hm ; thu tbm m sfinuibss M the dm d

aud put food into its mouth; that the Per uvianshsd t'eastsst whichthe mummics ot their dead lncss pr ssided, wheu,u M m thcy psid sttention “

to these iuscnsibleremains ss ilthsy wsre instinctwithliib ;” that among tbsFmans it is believed that every enemyhas to be killedtwice ; that the Eastor n Pagans give ex tension snd figur ete the souhaud sttfibute to it an the u me membm all

bodiss aro composed ; and that it is ths custom amongmost

withthe dead body, nndsr the manifest belief that it willpresently need them. Lastly, let them remember thattbe other wcrld, “ or igimny conceivsdfl s simply soms

db tast psn of this world—wme fliysianfieldq somehappyW M m t-o the living, and to which,

MANNERS AND FASHION.

aflier death, men tr ave l in anticipation of a life analogousin gen era l char acte r to that which they led bafor e . Then,co- or dinating these gene ral facts— the ascription of nu

known powers to chiefs and medicine men ; the be lief indeities having human forms, passions, and behaviour ; theimperfect compr ehension of death as distinguished fr omlife ; and the proximity of the futu r e abode to the pr esen t,both in position and char acter — let them r eflect whethe rthey do not almost unavoidably suggest the conclusionthat the abor iginal god is the dead chief : the chief not

dead in our sense, b ut gone away, carrying withhim foodand weapons to some r umou r ed r egion of plenty, some

promised land, whither he had long intended to leadhis followers, and whence he will pr esently r eturn to

fetch them. This hypothesis once ente r tained, is seen to

harmonize with all pr imitive ideas and practices. Thesons of the deified chief r eighing afte rhim,

it necessar ilyhappens that allear ly kings ar e he ld descendants of thegods ; and the fact that alike in Assyria, Egypt, amongthe Jews, Phasniciaus, and ancient Br itons, kings

’names

were formed out of the names of the gods, is fu lly ex

plained. The genesis of Polytheism out of Fetishism, bythe successive migr ations of the r ace of god

- kings to theother wor ld— a genesis illustr ated in the Gr eek mythology,alike by the pr ecise genealogy of the deities, and by thespecifically- asser ted apotheosis of the late r ones— tendsfur ther to bear it out. It explains the fact that in the old

creeds, as in the still extant cr eed of the Otaheitans, eve ryfamilyhas its guardian spir it

,who is supposed to be one of

their depar ted r elatives ; and that they sacr ifice to these as

minor gods— a pr actice still pur sued by the Chinese and

even by the Russians. It is pe r fectly congruous with theGr ecian myths conce r ning the war s of the Gods with theTitans and their final usu rpation ; and it similar ly agr eeswith the fact that among the Teutonic gods pr ope r was oneFr eir who came among them by adoption, but was bor n

gods, whohad been conquer ed and snpeu eded by thetoo,withthe belief thst ther e ar e difiere nt gods to difl er eutter r itor ies snd nationsms ther e wer e difier ent chiefs ; thatthese gods contend for supremacy as chiefs do ; and it

gives meaning to the boast of neighbouring tribes— “ Our

god is greatcr than your god.”It is confirmed by the

notion uuive rsally cur r ent in early fimeg thst the godscomo fr om this other abode, in whiohthey commonly live,and sppear amongmen

— epeak to them,helpthem, punishthem. And remembering this, it becomes manifest thatthc pr aye r s pnt np by pr imitive peoples to their gods foraid in battle , ar e meant liter ally—that the ir gods ar e

e x pected to come back from the other kingdom they ar er eigning over , snd once mor e fight the old enemies theyhad before warred sgainst so implacably ; and rt ueeds but

to name the lliad, to r emind ev er y onehow thor oughly theybelieved the ex pw tafion fulfilled.

’

Allgover nment, then, being or iginally that of the str ongman whohas bocome a fetishby some msuifeststion of

superiority, ther e ar ises, “his desth—his supposed de

par tnro on s longoprojected expedition, in which he is

accompanied hy the slaves and concubines sacr ificed sthistomb—there arises, then, the incipient division of re ligious

a mt-WM Ihsvs pm-

possly ld t stsndingwcrd tcr word

as tt dld vhsn rspnblhhsd wiflr othsr ssasys in nsed w .willbe sssn thsoutlins d ths ghod - thsury. M htha s srs rstsrsncss tc tsthhinn as aM n hm d hha snd thcqhat thatfims lhad pad vdywthsm t thsa y tthcughm withufisheficmtm ths u igia d m

u hdshismfis not dwslt npsn ss sm dn bsm Ths sns thiu whishhhlt upcuhths bsltd in ths dcnfl s d thdsadman ssm n

uni-L and u hscsming an obisst d m tiatisu snd svmtuany d w ship.m m m w m m m w m m

'msu ot taets sollsstsd ln ths bm rlptm scd sb" dsvslcpsd into thsM M M M L d ta q m .

MANNERS AND FASHION.

fr om political contr ol, of spiritual ru le fr om civil. His son

becomes deputed chief dur inghis absence ;his author ityis cited as that by whichhis son acts ;his vengeance isinvoked on allwho disobeyhis son ; andhis commands

, as

pr eviously known or as asserted byhis son, become thege rm of a mor al code : a fact we shall the mor e clear lype r ceive if we r emembe r , that ear ly mor al codes inculcatemain ly the vir tu es of the war r ior , and the duty of exte rminating some neighbou r ing tr ibe whose existence is an

ofience to the deity. From this point onwar ds, thesetwo kinds of author ity, at fir st complicated togethe r as

those of principal and agent, become slowly mor e and

more distinct. As expe r ience accumulates, and ideas of

causation grow mor e precise , kings lose their supe rnatur al attr ibute s and

,instead of God- king

,become God

descended king, God- appointed king, the Lord’s anointed,

the viceger ent of Heaven, ru ler reigning by Divin e r ight.

The old theor y, howeve r , long clings to men in fee ling,

afte r it has disappear ed in name ; and such divinitydoth hedge a king

,

”that ev en now, many, on fir st

seeing one,fee l a secr et su rpr ise at findinghim an or di

nary sample of humanity. The sacr edness attaching to

r oyalty attaches afte rwar ds to its appended institutionsto legislatu r es, to laws. Legal and illegal ar e synonymous

with r ight and wr ong ; the author ity of Par liament is he ldunlimited ; and a linge r ing faith in gove r nmental powercontinually gen e r ates unfounded hopes fr om its enactments.

Political scepticism,howeve r

,having destroyed the divine

pr estige of r oyalty, goes on eve r increasing, and pr omisesu ltimate ly to r educe the State to a pufely secular institu tion,whose r egu lations ar e limited in their sphe r e , and hav e no

othe r author ity than the gene r al will. Meanwhile, ther e ligious contr olhas been little by little separating itselffr om the civil, both in its essence and in its forms. Whilefr om the God- king of the barbar ian have ar isen in one

dir ection, secular r uler s who, age by age, have been losing

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by penancee- has been, step by step, becoming less close .

Though monarchs ar e still “ defenders of the faith,” and

ecc les iastical chiefs, they ar e but nominally such . Thoughbishops still hav e civ il power, it is not what they once had.

Pr otestantism shook looss the bonds of nnion ; Dissenthaslong been busy in organizing a mechanism for r eligious

control, wholly independent of law in Ame r ica, a separateor ganisation for that purpose already exists ; and if anything is to be hoped from the Anti~8tate ~0hnrchAssociation— or , as it has been newly named,

“The Society for theLiberation of Re ligion from State Patr onage and Contr ol—m shall presen tly have a separate organization her e also.Thus, in authority, in essence , and in form, political andspiritual r nle have been over more wide ly diverging fromthe same root. That incr easing division of labou r whichmu ks the pr cgress of society in othe r things, marks it alsoin this separation of government into civil and re ligions ;and if we observe how the morality which new forms thembshnce of r eligions in gene rahis beginning to be pnr ifiedfrom the associated creeds, we may anticipate that thisdivis ion will be ultimate ly carried much further.Passing now to the thir d species of contr ol— that of

Manners— we shall find that this, too,while ithad a common

genesis with the others,has gradually come to have adistinct sphere and a special embodiment. Among early

the sole forn a ci cour te sy lmown were the signs of sub

mission to the strong man ; as the sole lawwashis will, andthe sole re ligion the awe ofhis supposed supernaturalness.

Originally, ce remonies we re modes of behavionr to the god.king. Oar commonest titles have been derived fromhisnames. And allmlutations were pr imarily wor ship paid tohim. Lot ns trace ont these tr nths in detsil, beginning

Thefiwt alr sady notice¢ that the names of early kings

12

syllab e to the names oftheir gods- mhichcer tain ayllsbles,like onr Mac and Fitz, probably me an

“ son of,”

or

“ descended from ”-at once gives meaning to the term

Foam-as s divine title . And when we read, in Belden,

that “ the composition ont of these names of Deitie s wasnot only pr oper to Kings : their Grandes and mor e honorable Sabjects

”(no doubt members of the royaelrace)

“hadsometimes the like ; ” we seehow the ter dx Fatltsr ,pr opsrlynsed bythese also,and bythsir mnltiplying descendants,cameto be a title nsed by the people in general. As bear ing

on this point, it is significant that in the least advancedconntry ofEurope,wher e beliei in the divine natnr e of themler sfillhnger g Fathsr in thishigher sensefis stilla r egal

atfir st ascr ibed to kings was not a complimentaryfictionbut a supposed fact ; and how, further, the celestialbodies

wer e believ ed to be per sonages who once lived smong men ;we see that the appellations of or ientalr ulers,

“ Br other tothe Sun,” &c., were probably once expressive of a genuinebe lief ; andhave simply, lflxe many other thingmcontinued

in use afte r all mean inghas gone ont of them.We mayinfer , too, that the titles God, Lord, Divinity, were givento primitive rulers lite rally— that the metr o divinity

applied to the Roman emper or s, and the var ions sacreddesignaticns thathave been bor ns by monar chs, down tothe still extant phr ase, “Out Lord the King,” ar e the deadand dying forms of what were once living iacts. Fromthese names, God, Father, Lord, Divinity, originally b elonging to the God- king, and afterwar ds to God and theking, the der ivation of onr commonest titles of r espeot is

or iginally pr oper names. Not only do we see among thoamong the Romans, wher e to be Cmsar , meant to bo

Emperor, that the proper names of the greatest men weretransfer r ed toto their m m mnd so M e clu s—namea;

title ofhononr upto the prope r name cfa divine pm onage .

In Anglo andBalde r

is the name of the favourite of Odin ’s sons . How these

nam es cfhonour became gener alis easily nnde r stood. Ther elatives of the pr imitiv e kings— the grandees descr ibed bySelden ashaving names formed on those of thegods, andshown by this to be members of the div ine race— neces

sar ily shared in the epithets descriptive of superhuman

common. And then they came to be applied to ev ery man

of power : partly fr om the fact that in those early days

humantty, gr eat per sons could be called by divine epithetswithbut little sx aggeration ; par tly fr om the fact that thanansnallypote nt wer e apt to be conside r ed as

or illegitimate descendants of the str ong, the destroyer,the power fu l one ;” and partly, also, from compliment andthe deaix'e tops'opitiate . As snpe rstition diminished, thislasthecame flie sole cause. And ii we remember that it is thenature of compliment, to attribute more than is due—thatin the ever widening application of “ esquire,

” m the perpetualmpetition of

“yourhonour ” by the fawning Irishman ,

and in the nse of the name “gentleman

”to any coalheave r

or dnshnnn by the lower dasses of ln ndon,wehave cnr r entexamples of the depreciation of titles consequent on com

pliment—and that in bar bar ons times, when the wishto

pr opitiate was suonger than now, this eflectmust have be engreater ; we shallsee that the r e natur ally ar ose from thiscanse an ex tensive misuse of allearly distinctions. Hence thehe ts that the Jews called H er od'

a god ; that Fathsr , in itshigher m sen vas a term used among them by se r vants to

M ar s ; that Lord was applicable to any per son ofwor thand powa . Hence, too, the fact that, in the Inte r per iodsd ibO Roman M pir e, ever y man salutedhis neighbour as

14Wor k . But it is iu the titles of the middle ages,

and in the growthof our moder n ones out of them, that the

Salter, were all or iginally descriptive names of rulers.By the complimentary use of these names to allwho could,

on any pretence , be supposed to merit them, and bysuccessive descents to stilllowe r grades, theyhm some

to be common forms ofaddr ess. Atfir st the phm e in whicha serfaccostedhis despotic chief, msiaHsr r is now familiarlyapplied in Ger many to ordinax—y people . The SpanishtitleDon, once pr oper to nobleman and gentlemen on ly, is nowaccorded to allclasses. So, too, is it withSignor in ltaly.

Monsieur, have produced the te rm of r espect claimed byeve ry Fr enchman. And whether Sirs bs m' be not a like

contraction of Signer , it is clear that, as it was bor ne bysundry of the ancient feudal lords ofFrance, who, as Se ldensays,

“afiecte d rather to bee stiled by the name of Sin

than Bar on, as Ls Sir s dsMoatnwmwie, Ls Sia-s dsw u ,

and the lilre,”

and as it has been commonly nasd to

originallymeant lord or king. Thus, too, is it with feminine titles.Lady, which, according to Hox

-

ne Tooke,means a altsd, and

was atfir st giv en only to the few, is now given to allwomen

ot educs tiou. Dam , once an honourable name to whieh,in old books, we find the epithets of “ high- born ” and“ stately ” aflix ed,has now

,by repeated widening of its

if we tr ace the compound of this, m Dums, thr oughitacontractions—Madam, m

’sm, mm , m ,

wefind that the“Yea’m”

of8ally toher mistross ia originally eqnivalcnt toYes, my ex alted,

”or

“ Yea your highness.” Throughout,

therefor e, the geuesis oi wor ds ofhonourhas besn the samo.

Just as with the c a and withthe Romanqhas it beento thehpr imitivs aignifications of tord and kiay, and

nm sss AND n ames . 15

remembe r ing that in abor iginal societies these were appliedonly to the gods and their descendants, we arrive at theconclusion that our familiar Sir and Monsieur ar e , in theirpr imar y and expandedmeanings, terms of adoration .

Fur the r to illustrate this gradual depreciation of titles,

and to confirm the infer ence dr awn ,it may be wellto notice

in passing, that the oldest of them hav e, as might b eexpecte d, been depr eciated to the greate st extent. Thus,Master— a word proved by its der ivation, and by thesimilar ity of the connate wor ds in other languages (Fr .

,

maitr s for m istr e Dutch,meester Dan ., mester Gen

,

insid e r ) to have been one of the ear liest in use for expr essing lordship—has now become applicable to childr en only

,

and, under the modification of Miste r ,”to pe r sons next

above the laboure r . Again, kn ighthood, the oldest kind of

dignity, is also the lowest; and Knight Bachelor , which isthe lowest or de r of knighthood, is mor e ancient than any

othe r of the orde r s. Similar ly, too, with the pee rage :Bar on is alike the ear liest and least elevated of its divisions.

This continual degradation of all names of honour has,

fr om time to time, made it r equisite to introduce new ones

having the distingu ishing efiects which the or iginalshadlost by generality of use ; just as ou r habit ofmisapplyingsupe r latives has, by gr adually destr oying their for ce

,

entailed the need for fr esh ones. And if, within the lastthousand years, this processhaswor ked r esults thus mar ked,we may r eadily conceive how, during pr evious thousands,the titles of gods and demi- gods came to b e used to all

persons exe r cising powe r ; as they have since come to b e

used to per sons of r espectability.

If fr om names of honour we tur n to phr ases of honou r ,we find similar facts. The or iental styles of addr ess,applied to ordinary people— “ I am your slave,

” “AllIhave is your s,

” “ I am you r sacr ifice — attr ibute to theindividual spoken to the same gr eatness that Monsieu r and

My Lord do : they ascr ibe tohim the char acter of an all

nam es “ D lABKlON.

of respect— “ I '

thr ew myself under your feet,” “ I kissyour feet.” In our new meaningless subscription to aformal letter Your most obedient servant”— the samething is visible . Nay, even in the familiar signatureYours faithfully,

”the yours,

” if inte rpreted as originally meaut is the ex pressien efa slave tohia master. Allthsae dead fe rms were enee living embediments of fact ;

were primarily the genuine indications of that submissionto authority which they verbally assert ; wer e afterwardsnaturally used by the weak and cowardly to propitiatethose above them ; gradually grew to be consider ed thedue of such ; and, by a continually wider misuse, have lost

the ir meanings, as Sir and Master have done . That, liketitles, they were in the beginning used only to the Godking, is indicated by the fact that, like titles, they 'ver e

subsequently used in common to God and theRe ligious worship has ever large ly consisted of p oison ouse i obedience , of being Ged s se rvants of belonging te himto do what he will with. Like titles, therefore, thesecommon phrases of honour had a devotional origin. Per

haps, howe ve r , it is in the use of the word you as a singularprououn that tha pepulsr iz ing efwhat wer e once supremedistinctions is most markedly illustrated. This addressingo fa single individual in the plural, was originally an honourgiven only to the highest—was ’

the reciprocal of the imperial“we

” assumed by such. Yet now, by being applied to

successively lowe r and lower classes, it has become all butunive rsal. Only by one sect of Christians, and in a lawsecluded districts, is the primitive thou still used . And theyou, in becoming common to all ranks, has simultaneouslylost every vestige of the distinction once attaching to it.But the ge nesis ofMaunm out of ferms efallegiance and

wor ship, is ahove allshewn in modsa ef salutation . Notefir st the aignificanos olthe werd. Ameng the Bomans, ths

I ANNEBB AND FASHION.

saldtatio was a daily homage paid by clients and infer ior s

to their super ior s. This was alike the case with civiliansand in the army. The ve ry de r ivation of our wor d

,the r e

fo r e , is suggestive of submission. Passing to par ticularforms of obeisance (mar k the wor d again), let us begin withthe Easte r n one of bar ing the feet. This was, pr imar ily,a mar k of reverence , alike to a god and a king. The act

of Moses before the bur ning bush, and the pr actice of

Mahometaus, who ar e swor n on the Kor an with their shoes03

,exemplify the one employment of it the custom of the

Pe r sians, who r emove their shoes on ente r ing the pr esenceof their monar ch, exemplifies the other . As usual, howeve r ,this homage, paid next to infe r ior ruler s,has descendedfr om gr ade to grade . In India it is a common mar k of

r espect ; the lowe r or de r s ofTu r ks never ente r the pr esenceof their super ior s but in their stockings ; and in Japan, thisbar ing of the feet is an or dinary salutation of man to man .

Take anothe r case. Se lden, descr ibing the ce r emonies of

the Romans, says For whe r eas it was usuall e ithe r tokiss the Images of their Gods, or , ador ing them, to standsomewhat off befor e them,

solemn ly moving the r ight handto the lips, and then, casting it as if theyhad cast kisses, totu r ne the body on the same hand (which was the r ightforms ofAdor ation), it gr ew also by custom

,fir st that the

Empe ror s, be ing next to De ities,and by some accounted as

Deities, had the like done to them in acknowledgmen tof their Gr eatness. If, now,

we call tomind the awkwar dsalute of a village school - boy, made by puttinghis open

hand up tohis face and describing a semicir cle with hisfor earm ; and ifwe r emembe r that the salute thus used as

a form of r ev er ence in countr y distr icts, is most like lya remnant of the feudal times we shall see r eason

for thinking that our common wave of the hand to afr iend acr oss the str eet, r epr esents what was pr imar ilya devotional act.Similar ly have or iginated allforms of r espect depending

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HARNESS AND lASHIOR.

shows that it was pr imar ily the r ever ence paid to amonar ch. And if we call to mind that falling on thekn ees, or on one knee ,has been a common obeisance of

subjects to rule r s ; that in ancient manuscr ipts and

tape str ies, se r van ts ar e depicted as assuming this attitudewhile offe r ing the dishes to their maste r s at table ; and

that this same attitude is assumed towar ds our own queenat ever y pr es entation we may infe r , what the char acter of

the cur tsy itself suggests, that it is an abr idged act of

knee ling. As the wor dhas been contr acted fr om cou r toisie

into cu r tsy so the motion has been contr acted fr om a

placing ofthe knee on the floor , to a lowe r ing of the kneetowar ds the floor . Mor eover , when we compar e the cur tsyof a lady withthe awkwar d one a peasant gir l makes

,

which, if continued, wou ld br inghe r down on bothknees,we may see in this last

'

a r emnant of that gr eate r r eve r ence

r equir ed of se r fs. And when, fr om conside r ing that simplekn ee ling of theWest, stillr epr esen ted by the cu r tsy

,we

pass Eastwar d, and note the attitude of the Mahommedanwor shippe r , who not only knee ls but bowshis head to thegr ound, we may infer that the cur tsy also, is an evanescent

form of the abor iginal pr ostr ation . In fur the r evidence of

this it may b e r emar ked,that ther e has but r ecently

disappear ed fr om the salutations of men , an action hav ingthe same pr oximate de r ivation with the cu r tsy . Thatbackwar d sweep of the r ight foot with whichthe con

v en tional stage - sailor accompanieshis bow— a mov ement

which pr evailed gene r ally in past gener ations,when a

bow and a scrape ” went togethe r , and which,within the

memor y of living pe r sons,was made by boys to their

maste r when entering school, with the effect ofwear ing a

hole in the floor— is pr e tty clear ly a pr e liminary to goingon one knee . A motion so ungain ly could nev er hav ebe en intentionally intr oduced ; ev en if the ar tificial intr oduction of obeisances we r e possible . H ence we must

r egar d it as the r emnant of something antecedent : and

48

21

we r and

mity 11 11

at1d ago

that so

st whichmd that

. iv vs. ‘Vonlies highwg heav en ,

«mnnon, Sir

of a pr ie st- I r e spect thatw e gistr ates— is

moss or wor thi’ to a man is to

t o evidence thatinctly theocr atic ;ms ev en the com

-na sanction s . “1

the de r ivation of

f inal obe isan ce made

it symboliz e s pu ttingthe pr actice found in

n ew by pr e sentinghimthe head— an act which

20 am ass m n ames.

infe rred from the phrase, “ scraping an acquaintance ;”

which, be ing used to denote the gaining of favour byobsequieusness, immies that the scrape was considered amark of se r vility— that is, of se r vile position.

Consider, again , the uncovering of the head. Almostever ywhere this hu been a sigu of r eve renoe , ahb c intemples and befe re potentates ; aud it yet pr eae r ves amengus some of its original me aning. Whether it rains,hails,or shines, you must keep your head bare while speaking tothe monar oh; and no one may keephishat on in a placc

of worship. As usual, howeve r , this ceremony, at first asubmission to gods and kings. has become in process of

time a common civility . Once an acknowledgmen t of

anothe r’s unlimited supremacy, the removal of the hat isnew s salute accorded to v e ry ordinary per aens ; and thatuncovering originally reserved for entrance into the houseofGod ” or the r esidence of the ruler, good manne rs now

dictates on entrance into a labou r-en’ s cottage .

Standing, too, as a mark of respect,has undergone like

extensions in its application . Shown, by the practice inou r churches, to be inte rmediate between the humiliationsignified by kneeling and the se lf- respect which sittingimplies, and used at courts as a form ofhomage whenmore active demonstrations of it have been made, thisposture is new employed in daily life to show consider ation ; as seen alike in the attitude e f a ser vant beforo

a maste r , aud in that riaing whichpoliteness prescribe- onthe entrance of a visitor.Many other threads of evidence mighthave been woveninto our argument. As, for ex ample, the significant tact,that ifwe tr ace baok ou r stille x isting law ef pr imogeniture— ifwc oouside r it aa displayed by Scottish olana, in whichnot only ownmhip but government devolved from thebeginning ou the eldeat aon of the eldr st—if we look

further back, and observe that the old titlea of lor dship,

n u n s m n euron. 21

Signor , Ser'

gnsur , Seiior , Sir e, Siou r , all or iginally meansenior , or e lder — ii we go Eastwar d, and find that Skeichhas a like de rivation

,and that the Oriental names for

priests, as Pir , for instance , ar e lite r ally inte rpr eted old

man— if we note in H ebr ew r ecor ds how far back datesthe asc r ibed supe r ior ity of the fir st- bor n, how gr eat theauthor ity of e lde r s, andhow sac r ed the memory ofpatr iar chs— and if, then , we r emembe r that among divine titles ar e

Ancien t of Days,”and “Fathe r ofGods and men — we

see how complete ly these facts harmonize with the hypothems, that the abor iginal god is the fir st man sufficientlygr eat to become a tr adition, the ear liest whose powe r and

deeds made him r emembe r ed ; that hence antiquity nu

avoidably became associated with supe r ior ity, and age

with near ness in blood to the powe r ful one ; that so

the r e natur ally ar ose that domination of the e ldest whichchar acte rizes the histo ry of allthe higher r aces

, and thattheor y of human degene racy whicheven yet su r viv es. Wemight fur the r dwe ll on the facts, that Lor d sign ifies highbor n , or , as the same r oot gives a word meaning heav en

,

possibly heaven - bor n ; that, befor e it became common, Sir

or Sir e, as well as Fathe r , was the distinction of a pr ie st ;that wor ship, or iginally worth - ship— a te rm of r espect thathas been used common ly, as we ll as to magistr ates— isalso our te rm for the act of attr ibuting gr eatness or wor thto the Deity ; s o that to ascr ibe wor th - ship to a man is to

wor shiphim. We might make much of the evidence thatallear ly gover nments ar e more or less distinctly theocr atic ;and that among ancient Easte r n nations ev en the com

monest forms and customs had r e ligious sanctions. Wemight enfor ce ou r ar gument respecting the de r ivation of

ce r emonies, by tr acing out the abor iginal obeisance madeby pu tting dust on the head,

which symbolizes pu ttingthe head in the dust ; by afliliating the pr actice found ince r tain tr ibes, of doing another honou r by pr esentinghimwith a portion of hair tor n from the head— eu act which

22 m uses “ n n ames .

seems tsutsmcunt to ssying,“ I am your slave ;

” byI'

I'

g the O ‘

I l I oi"

M au

l any

car rying out of the compliment,“ AllIhsv e is your s.”

Without enlarging,howeve r , on these and minor facts,

we ventur e to think thst the evidsnce assignsd is sumcient. Had the proofs bcen tew, or cf one kind

, littls

faithcouldhsv e been phoed in the iufer ence . Bot numsr

om as they srm alike in the cu e of fifiea in thst ot

complimentary phrases, and in that of salutes— similarand s imultsneous. toc, as the pr ocess of depreciation hasbeen in allof these y the evidences become strong by

not only have the resu lts of this process been visible invarious nations and in alltimes, but that they src occur r ingamong ourse lves at the p resent moment, and that the

daily working ou t others— when we recollect this, itbecomes scarcely possible to doubt that the process hasbecn as alleged ; and that our ordinary words, acts, snd

phrases of civility originally expressed submission to

Thus the gcner aldoctrine , that allkinds of governmentex er cised over mcu were ntfir st oue govcrnment—that thspolitical, the re ligious, and the ceremonial forms oi contro lar e divergent branches of a general and once indivisiblecontrol— begins to look te nable . When , with the above

m m mminmwe m d that in Eastcr u traditions

Nimrod, among others, figures in all the characters of

hero,hing, and divinity— when we tur n to the sculpture sexhumed by Mr. Layard, and

.

contemplating in them theefiigissot kings driving ove r cncmies,and ador ed bypmstrute

slaves, thou observe how their actions correspond to theprimitive names tor gods, “ the -w ag,

” “the destroyer,”

“the powerful ons "—and whcu, lastly, we discover that

t anni ns u rn memos . 28

stitions analogous to those which old r ecords and oldbuildings indicate ; we begin to r ealize the pr obability ofthe hypothesis thathas been set for th. Repr esenting toour se lves the conquer ing chief asfigured in ancient myths

,

and poems, and ruins ; we may see that allr u les of conductspr ing fromhis will. Alike legislator and judge, quar r e lsamonghis subjects ar e decided by him ; and his wor dsbecome the Law. Awe ofhim is the incipient Re ligion ; andhis maxims furnish his fir st pr ecepts. Submission is made

tohim in the formshe pr escr ibes ; and these giv e bir th toMann er s. Fr om thefirst, time deve lopes political allegianceand the administr ation of justice ; from the second, thewor ship of a being whose pe r sonality becomes eve r mor e

vague , and the incu lcation of pr ecepts eve r more abstractfr om the thir d, forms and names of honour and the r u les ofetiquette . In conformity with the law of evolution of all

or ganized bodies, that gene ral functions ar e gr aduallysepar ate d in to the special functions constituting them

,the r e

have gr own up in the social organism for the bette r pe rformance of the gover nmental ofice , an apparatus of lawcour ts, judges, and bar r iste r s ; a national chur ch, with itsbishops and priests ; and a system of caste , titles, and

ce remonies, administe r ed by society at lar ge . By thefir st

, over t aggressions ar e cognized and punished ; bythe second, the disposition to commit such aggr essionsis in some degr ee checked ; by the thir d, those minor

breaches of good conduct which the others do not notice,

ar e denounced and chastised. Law and Re ligion contr olbehaviour in its essentials; Manner s control it in its details.

For regulating those daily actions which ar e too nume r ous

and too unimportant to be officially dir ected the r e comesinto play this subtle r set of r estraints. And when we con

side r what these restr aints ar e— when we analyze the wor ds,and phr ases, and movements employed, we see that inor igin as in efiect, the system is a setting up of tempor ar y

24 assur es se n u tmost.

governments between all men who come in conhct, for thepurpose ofbetter managing the intercourse between them.

From the proposition, that these several kinds of govern.

me nt ar e essentially one, both in genesis and function, maybe deduced sever al impor tant corollar ies, directly bearingon our specialtopic.Let usfirst notice, that the re is not only a common origin

and ofioe for all forms of rule , b ut a common necessity forthem . The aboriginal man, coming fresh from the killingof bears and fr om lying in ambush for his enemy, has, bythe necessities ofhis condition, a nature requiring to be

curbed in its eve ry impulse . Alike in war and in thechase , his daily disciplinehas been that of sacr ificing othe rcreatures to his own needs and passions. His cataract“ ,

bequeathed to him by ancestors who led similar lives, ismoulded by this discipline—4 8fitted to this existence . Theunlimited selfishness, the love of infl icting pain , the blood.thirstiness, thus kept active,he brings with him into thesocialstate . These disposition s puthim in ccnstant dange r

of conflict withhis equally savage neighbour. In smallthings as in gr eat, iu words as in dceds,he is aggressive ;and ishourly l iable to the aggr essicns at others like natur ed.Only, the refore , by rigorous control exercised over all

actions, can the primitive unions of men he maintained.There must be a ruler strong, r emon cless, and of indomitable will; there must be a cr eed te rrible in its threats totho disobedient; there must be servile submission of inte r ior sto supcr ior s. The law must be cr uel; the religiou mnst bester u ; the oer emonies must be str iot. The m-ordinatenecessity for thsse se veral kinds ot r estr aint might belargely illustmted fromhistor y wer e theme space. Samoait to point out that whe re the civil powerhas been weak,the multiplicatitm of thieves, M us, and banditti,hasindicated the approachof socialdissolnticn ; that when,

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26 m m n smor .

Diodor us Siculusfinstice im stilladminister ed at the pahcegates as of old ; in shor t, “

cvcr y usage is a pr ocept of

religion and a max im ofjur ispr udence.

” A similar relsfiwship of phenomena was exhibited in Europe during the

were despotic, while the Church was unshor n of its power,while the cr imiualcode was fullofhor nor s and thohelloithe popular cr eed fullof ter ror s, the r ules of behavionrwer e bothmor e numer ous and mor e car efnlly conformed to

than now. Difier ences of dr ess marked divisions of rauk.

Men wes-e limited by law to cerumwidths of shoo- toes ;

and no one below a specified degr ee might wear a clcak

less than so many inches long. The symbols on bsuner s

and shie lds were car efully attended to. Heraldr y was animportant br anch of knowledge. Pre cedence was str ictlyinsisted on . And those var ious sfiuws of whichwe now

use the abridgments, were gone through in full. Evendur ing our own last cen tu ry, with its cor rupt House of

Commons and little - cur bed monarchs, we may mark a

ence of socialformalities. Gentleme n wer e still

distinguished from lower classos by dress ; and childrenaddr esced the ir par ents as fl ir and u adafl .

A further corollar y natur ally following this last, and

kinds of gover nmeut decr ease in stxingency at thc samo

r ote. Simultaneously with the decline in the influence ofpriesthoodg and in tho fear oleter ualtormenb —oimnltn

neonsly withthe mitigstion ofpoliticaltyrauny, thogrowthoi popular powern nd the amelioration of a iminalcodes ;ln s taken phce that diminution of formalifies and thathding oldhfincfivom rkg now so obsom ble . Looking“home.womay note that ther e is leu attcntion to pr ocodoneo

than thero used to bo. No one in ou r day onds au inwviowwiththe phm o

“yourhnmhle se r vant.

” Thc employment of tho word Sir , once gener -alin cocinlintcr couu s, is

at pcu ent considerodhad br ocding ; and on tho oocu ions

n m ss m u smon. 27

calling for them, it is he ld vu lgar to use the words YourMajesty,

”or Your Royal Highness,

” mor e than once

in a conve r sation . People no longer formally dr ink one

anothe r ’8 healths and even the taking wine with one

anothe r at dinner has ceased to be fashionable . It is

remar ked of us by for eigne r s, that we take ofiou r hats lessthan any othe r nation in Eu r ope — a r emar k which shouldbe coupled with the other , that we ar e the fr eest nation inEu r ope . As already implied, this association of facts is

not accidental. These modes of addr ess and titles and

obeisances, bearing about them, as they alldo, somethingof that ser vility which marks their or igin, become distastefu lin pr oportion as men become mor e independent themselves,and sympathize more withthe independence of other s.

The fee ling which makes the moder n gentleman te ll thelabou r e r standing bar eheaded befor ehim to put onhishat— the fee ling which gives us a dislike to those who cr ingeand fawn— the fee ling which makes us alike asse r t ou r own

dignity and r espect that of othe r s— the feeling which thusleads us more and mor e to discountenance forms and nameswhich confess infer ior ity and submission ; is the same fee lingwhich r esists despotic powe r and inaugur ates popular

gover nment, denies the author ity of the Chur ch and esta

blishes the r ight of pr ivate judgment.A fou r th fact, akin to the for egoing

,is, that with

decr easing coerciveness in these seve r al kinds of gov e r n

ment, their respective forms lose their meanings . Thesame process which has made our monar ch put forth ashisown acts what ar e the acts of ministers appr oved by thepeople, andhas thus changedhim fr ommaste r into agentthe same pr ocess which, making attendance at chur ch ve rymuch a matte r of re spectability,has done away with thete lling of beads, the calling on saints

,and the per formance

of penances is a pr ocess by which titles and ce r emonie s

that once had a meaning and a power have been r educed toempty forms. Coats of arms which served to distinguish

28 m u m m ies.

men in battle nowfigureon the car r iage panela of r etin d

merchants. Once a badge of highmilitary rank, theshoulden knothas become , ou the modern footman, a markof ser vitude. The name Banner-ct, which or iginallymarkeda partially- created Baron— a Baron whohad passedhismilitary “ little go - is now, under the modification ofBaronet, applicable toany one favour ed by wealthor interestor par tyfieeling. Knighthoodhas ao far ceased to be an

honour, that men honour themselves by declining it. Themihtar y dignity Escayw hag in the modern Esquire,become a wholly unmilitary affix.But pe rhaps it is iu that class of social Observances com~

prehended under the term Fashion (which we must herediscu ss parenthe tically) that this pr ocess is seen with thegreatest distinctness. As contrasted with Manners, whichdictate our minor acts in r els tion to othe r pm ons, Faahiondictates ou r minor acmin r etation to ou rselves. While theone prescribes that part of our deportment which dim tlynfi’ccts our neighbours ; the other prescr ibes that part of

our department which is primarily w eas e l, and in whichour neighbours ar e conce r ned only as spectators. Thusdistinguished as they ar e, howeve r, the twohave a oommon

source . For while , as we have shown ,Manners originate

by imitation of the behaviour pursued towards the great ;Fashion originates by imitation of the behaviour of thegreat.While tho one has its der ivation in the titlea,

and aalutes naed to those in power ; the other isder ived fmm thehabits and appearances exhibited by thoaein power. The Car r ib mother who squeezes he r child'shead into a shape likc that of the chief; the young savagewho makes marks onhimaelfaimflar to the scar s car r ied bythe war r iora of his tribe ; the Highlander who adopts theplaid worn by thehead ofhis clanflhe oourtie r s who aficctgn yness, or limp, or covcr their necks, in imitation of theirking,and the pcople who ape the cour tie rs ; are alike actingunder a kind ot gover nmeht connate withthat ofllanner s,

m ucus AND IABHION.

and,like it too, pr imar ily beneficial . For notwithstanding

the number less absurdities into which this copyinghas ledpeople, fr om nose - rings to ear - r ings

,fr om painted faces to

b eau ty- spots, fr om shaven heads to powde r ed wigs,fr om

filed teeth and stained nails to be ll - girdles,peaked shoes,

and b r eeches stuffed with bran,it must yet b e concluded

that as the men of will, in te lligence, and or iginality,who

have got to the top, ar e, on the ave r age , mor e like ly to

show judgment in their habits and tastes than the mass, theimitation of such is advantageous. By and by, howev e r ,Fashion, decaying like these other forms of r ule, almost

wholly ceases to b e an imitation of the best, and becomesan imitation of quite othe r than the best. As those whotake or der s ar e not those having a special fitness for thepr iestly ofice, but those who hope to get livings ; as

legislator s and public functionaries do not become such byv ir tue of their political insight and power to r u le

,bu t by

vir tue of bir th,acr eage , and class influ ence ; so

,the se lf

e lected clique who set the fashion,do this

,not by for ce of

natur e, by in te llect, by higher wor th or be tte r taste, b ut

sole ly by unchecked assumption . Among the initiated ar e

to b e found neither the noblest in r ank,the chief in powe r

,

the best cu ltu r ed,the most r efined

,nor those of gr eatest

genius, wit, or beauty ; and their r eunions, so far fr om be ingsupe r ior to othe r s

,ar e noted for their inanity. Yet, by the

example of these sham gr eat, and not by that of the tr ulygr eat, does society

.

at lar ge now r egulate its habits,its

dr ess,its small usages. As a natur al consequence , these

have gene r ally little of that su itableness which the theory offashion implies they shouldhave . Instead of a pr ogr esstowar ds gr eathr e legance and convenience , which might b eexpected to occu r did people copy the ways of the r eallybest

,or follow their own ideas of pr opr iety, we have a r ciga

ofmer e whim, ofun r eason, ofchange for the sake of change ,of wanton oscillations fr om e ithe r e x tr eme to the othe r .

And so life d la mode, instead ofbeing life conducted in the

30 m u m n ss res.

most r ationalmanner , is lit’e mgulated by spwdthrilts and

To these seve ralcor ollar ies— that the var ions crden of

ccntr olex er cised over menhave a commcn or igin and a

common function, ar e called out by cc- ordinate necessitie ssnd co- ex ist in like stringency, decline toge ther and decaytogether— it now only r emains to add thst they simcl

taneously beoome lees needful. The socialdhcipline whichhas sh-eady wr ought out gr eat changes in men, must go cn

eventually to work out gr eater'

ones. That daily cnr bingof the lower nature and culture of thehigher , which cat oicannibals and devil - war shippe r s has evolved philanthr opists,love r s ofpeaoc, andhater s of super stition,may be erxpected

to evolve out of these, men as much super ior to them es

they ar e to their progenitors . The causes that haveproduced past modifications ar e still in action ; mustcontinue iu action as long as the r e ex ists any inccngr uitybetween men’

s desires and the requiremen ts of the socialstate ; and must eventually make them organicallyfit forthc social state . As it ia now needless to for bid mw

murder , theft, md the minor cfiences of our cr iminalcode.

Along withgrowthcfhuman natur e iatoharmony withthemor allaw, the r e willgo decr easing need for judges aud

statute - books ; when the r ight course has becomo thecour se spontaneonsly chosen, prospee ts of futur e r ewsr d or

punishment willnot be wanted as incentives ; and whendue r egu d for othe r shaa beoome instinotim ther e will

be r egulated.

Thus, then, may be recognised the meaning of those

eccentr icifies of mfcrmm whichwe set ou t by dcscr ibiag.

They ar e not accidental ; they ar e not mere personalThey m inevitable r esults of the law of r elaticn.

shipabove illastr ated. M om mu ity ofgcnecis,fiunction,

w este rn most. 81

and decay whichnllforms of rostraint exhibit is simplythe obverse olthe fact atfir st pointed ont

,that theyhnve

aud a common destroyer . Awe of power or iginates and

che rishes them all; love of freedom undermines and

weakens them all. The one deiends despotism and asser ts

the snpr emacy of laws, adhe r e s to old cr eeds and suppor ts

ecclesiasticalauthor ity.pays r e spect to titles and conser ves

ficrms ; the other , putting rectitude sbove legality, achieves

testantism and works out its consequences, ignores the

dead cnstoms. To the tr ne r efcrmer no institution is

itself to equity and r eaeon ; nothing shallbe saved by its

pr estige . Conceding to eschman liber ty to pur snehis ownends and satisfyhis own tastes,he demands forhimselflike libe r ty ; aad consents to no r estr ictions on this, sav e“ whichother men ’

s equal claims involve. No matterwhether it be an ordinance of one m mor an or dinance of

allmem, if it tr e cches onhis legitimate sphe r e of action,hedenies its validity. The tyranny that would impose on

him a par ticular style of dr ess and a set mode of behaviour ,he resists equally withthe tyranny that would limithisbuyinge and n lfinga or dicte te his cr eed .Whether then guhtion be fiormally made by a legislatur e, or informallymade by society at large

—whether the pemlty for disobedience be implisonment, or fi'owns and socialostr acism,

be sees to be a question of no mome nt. He willutte rhisbe lief notwithstanding the threatened punishment ;he willbreak conventions spite of the petty pe r secutions that willbe visited onhim. Showhim thathis actions ar e inimical

tohis fellew-men, andhe willpause. Prove thathe isdhregu dingfiteir legitimate claims, andhe will alterhism u s . But until you do this—nntil you -demonstrate

82 w ar ns aim memos.

ine legant, essentially irrational, unjust, or ungener om,he

Some, indeed, argne that his conduct is unjust aod

ungene rous. They say thathehas no r ight to annoy othcrpeople by his whims ; that the gentlesnan to whomhis

the lady whose evening party he enter s withglovelesshands, ar e vex ed at what they considerhis want of reapector want of b reeding ; that thus his eccentr icities cannotbe indulged save at the ex pense ot his neighbour s’fee lings ; and thathencehis nonconformity is in plain

He answer s that this position, if logically deve loped,wou ld depr ive men of allliberty whatever. Eachmustconform allhis acts to the public taste, and not his own.

The public taste on everypointhaving been once ascertaiued,seeing that no man can adopt other habits without sinn ingagainst the public taste , and giving people disagreeablefee lings. Consequently, be it an er a of pig

- tails orhighhee led shoes, of starched r ufis or trunk- hose, allmustcontin ue to wear pig- tails, high - hee led shoes, starchedr utfs, or trunk- hose to the crack of doom .

If it be stillurged thathe is not justified in br eakingthrough others’ forms thathe may establish his own, andso aacr ificing the wishe s of many to the wishca oi one ,

he replies that all religious and political changes might benegatived on like grounds. He asks whether Luther’ssayings and doinga we r e not e x tr emely ofiensive to themass of his cotemporar iea ; whether the resistance of

Hampdcn was not disgnating to the time -ser vcn around

him ; whether every reformer has not shocked men’sprejudices and given immense displea m by the qfinionahe utter ed. The afiirmative answcr he followa up by

demanding what r ight the r eiormer has, then, to utter

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684 m um m rm ron.

is peur ed nponhim because hdsvillnot bow down te theidolwhichsocietyhas set up.

Shouldhe be askedhow we ar e to disfinguiahbctweenconduct which is in itse lf disagr eeable to others, and

conduct whichia disagn eable by ihihplicaticn, “

themse lves as proper. No re laxation of customs willintroduce the pr actice of going to a par ty in muddyb oots, and withunwashed hands ; ior the dia1ike ci dir t

would continue were Pashim abolished to-morrow. Thatlove of approbation which now makes people solicitona to

b e cn r igls wonld stille x istF—wanld stillmake them M ul

cf their personal appear anced wonld stillinduce them to

still cause them to r espect the natu rallaws of good

b ehavionr , as they now do thc ar tificiallaws. Tbe changewould simply be fr om a repulsive monotony to apictnr esque

variety. And if there be any regulations respectingwhichit is uncer tain whethe r they ar e baaed on rcalitycr on convcnticn, exper iment willsoon decido, if due scopc

be allowed.When at lengththe contmv ersy ccmes mund, “

ccntwva sica oftcn do, to the point whence it ¢u ted, andths “

par ty olorder”

r epeat thcir cbar ge against thcre behthat he is aacr ificing the icclinga ct

'

other s to

gratify his own wilfnlness,he replies once fcr allthatthey cha t themselves by mim tatementa. He accuses

masteu cver their own ways andhabita,they would he

master s or srhis also ; aud gr umblc becausehe willuot letthem. Ho w dy aaks the samc ln edom whichtheya m iss ; they, boweve r , pmpose to r egulate hia coum aa

well s- their owa—to cnt and cliphia moda ol'

liie into

m use u m . 85

agr eement withtheir spproved patter n g snd then chsrgequietly submit ! He warns them thathe shallresist, nevertheless ; and thathe shalldo so, not only for the assertionof his own independence, but for the ir good. He tellsthom that they m shvea and koew it not ; that they ar e

shackled, and kiss the ir chains ; that they have lived all

their days in pr ison , and complain because the walls ar e

be ing br oken down. He says he must persevere ,however . witha v iew to his own release ; and, in spite oi

their present expostulations, he prophesies that whenthey have recovered from the fr ight which the prospectof fr eedom pr odnces, they will thankhim for aiding in

Unamiahle as seems thisfind- fault mood, ofiensive as is

this defiant attitude, we must beware of over looking thetruths enunciated, in dislike of the advocacy. It is an

unfortunate hindrance to all insovation, that in virtue of

the ir ve r y fu nction , the innovators stand in a position of

antagonism ; and the disagre eable manners, and sayings,

and doings, which this anmgonism gener ates, ar e commonlyassociated with the doctrines promulgated . Quite for ge tting that whethe r the thing sttacked be good or bad, thecombative spir it is necessarily repulsive ; and quite forgetting that the toler ation of abuses seems amiable mer elyfr onfits passivity ; the mm ofmen contract a b ias against

advanced views, and in favour of stationary ones, from

tin?” asEmerson says, is debonnair

is individual and imperious.” And this remains tr ue,howeve r vicious the system conserved,however r ighteousthe reform to be d ented. Nay, the indignation oi thepal

-i ts is n snally ex tr eme in prcpor tion as the ev ils to

be got r id oi ar e gr eat. The mor e urgent the r eqoir ed

changq the more mtempe rate is the vehemenoe of its

promoters. Let no (me, then, confound with the principles

86 n m m ssn u smes.

of thhsocial nonconformity the acer bity and the die

b om the progr essist’s point of view . It is urged by manyof the mom liber aland intelligent— nm lly those whohaveearlier days

— that to r ebelin these smallmatte r s is to

destrey yonr own power ofhelping on r eform in grcatcr

dress, the werld,” they say, “ will not listen to you . Youwil l b e considered as crotchety. and impr acticable . Theopinions you express on important subjects, which mighthave heen tr eated withr espect hsd ycu couiormed on

singularities ; md thua by dim nting in tr ifies, you disableyonr self from spreading dissent in essentials.”

Only noting, as we pass, that this is one of those auticipotions which bring about their own fulfilment— that “

show their disappm ahthat the few who do show it look

eccentric— and that did allsct ont their convictioas, no snchargument u the above would have fence r -noting this as

we pm we go ou to r eply thnt thm socialrestn ints ar e

not smallevils but among the greatest. Estimate theirsum total, and we douht whether they would aot ex coed

most other s. Could we add up the tronhle, the cod flhcjealousiss, vex ations, misunden taudingmthe loss of time

we should pcrhsps come to the conclusion that the tyrannyof Mrs. Gr cndy is worsc than any other tyranny. Lst ns

look st a icw olitshur tfulm ults ; beginningwiththoso ofminor impor tance.

It produces ex travagnnm. The desir e to be com it

{M whichunda lics allconformw whetha of mannm

n snsss AND n ames . 37

dr ess,or styles of ente r tainment, is the desir e which make s

many a spendthr ift and many a bankr upt. To keep upappear ances, to have a house in an appr oved quar te rfur nished in the latest taste , to give expensive dinner s andcr owded soir e

'

es,is an ambition forming the natu ral ou tcome

of the confor mist spir it. It is needless to enlar ge on thesefollies : they have been satir ized by hosts of wr ite r s

,and

in eve r y dr awing- r oom . Allwhich he r e conce rns us,is to

point out that the r espect for social Obse r vances, whichmen think so pr aisewor thy, has the same r oot with thisefior t to be fashionable in mode of living ; and that

,othe r

things equal, the last cannot be diminished without thefir st being diminis also. If, now

,we conside r what

this extr avagance entails— if we count up the r obbedtradesmen , the stinted gover nesses, the ill- educated childr en ,

the fleeced r elatives, who have to sufie r fr om it— ifwe mar kthe anxiety and the many mor al de linqu encies which itspe r pe tr ator s involve themse lves in ; we shall see that thisr egar d for conv entions is not quite so innocent as it looks.

Again,it decr eases the amount of social inte r cou r se .

Passing ov e r the r eckless, and those who make a gr eatdisplay on specu lation with the occasional r esult of gettingon in the wor ld to the exclusion of bette r men,

we come to

the far lar ge r class who, being pr udent and honest enoughnot to exceed their means, and yet wishing to b e r espectable

,

”ar e obliged to limit their ente r tainments to the

smallest possible number and that each of these may b etu r ned to the gr eatest advantage in meeting the claims onthe ir hospitality, issue their inv itations with little or no

r egar d to the comfor t or mutualfitness of their guests. A

few inconv eniently - large assemblies, made up of peoplemostly str ange to each othe r or b ut distantly acquainted,ar e made to ser ve in place of many small par ties of fr iendsin timate enough to hav e some bond of sympathy. Thusthe quantity of inte r cour se is diminished, and the qualitydete r iorated. Because it is the custom to make costly

38 nm m m u smozs.

pr epm tions snd pmvide costly r sfi'eshmentsgmd becsmit entails bothless ex pense sud less trouble to do this iormany per aons on tew oocasions thsn tor few psrm s on

msuy oocasious ; the r eunions of our less wealthy clsn es

ar e rendered alike infrequent and tedious.Let it be fur ther obser ved, that tbe ex isting fm

'm lities

of oocialinte rcour se drive away many who most need its

refining influence ; and drive them into injurious habitssnd sssociations. Not a few men, and not the lcsst semiblomeu eitber , give up in disgnst tbis going out to statoly

diuner s and stifiev ening- parties ; snd instesdn eek sooiotyin clubs, and cigar- divans, aud taver ns.

“ I ’m sick ef thisstanding abou t in drawing- moms

,talking nonsense , and

trying to lookhappy,” willanswer one of them when tsn dwithhis deser tion .

“Why should lauy longar m to timo

snd money, and temper ? Ow e l was r eady enoughtor ushhome fr om the othce to dr ess ; lspor ted emb roidou d

shirts, submitted to tight boots, and cared nothing (ortsilor s

’and babe rdashe r s’ bills. I know bctter now. My

patience lasted a good while ; for thoughltound eachnightpau stupidls lways hoped the nex t would mske q nonds.But I ’m undeceived. Cab-hire and kid gloves cost momthsn sny evening psr ty pays for 3 0r rather— it is wor thtbocost of them to avoid the par ty. No, no ; I

'llno mor e d

it.Why sbould lpsyfive shillings s time for the pr ivilegaof being bor ed?

” If, now, we consider that this ver y

wmm n mwd wnds wwsrds bimsrd-WM M

snd tho OoslHole z it beoomu s qnestiou whetha - thm

m t to snswcr for muehof tho m slent diu olntene ss.

Mcn mnsthsve e x oitcm ts olsome kiad or other ; sud ifdebsr r ed fim higher ones willisllbsck upou lom . It

is not tbst those who thus tske to ir reguhwhabits mm ntislly tboso oflowhstes. Ofion it is quite tho r eveu s.

AWhalf s dosen intimsts lr iu ds, abandoning tor

m u n su m . 39

m Bfia md dtfing st m mnnd the fim none willenter

withgm ter enjoyment into the highest kiud of socisl

inte rcourse—the genuine communion of thought and feeling ; and if the cir cle includes women of intelligenoe and

refinement, so much the gr eate r is their pleasur e. It da

banks of conver sation which society ofie r s them, that theyfly its assemblies, and seek those with whom they may hawsdiscour se thst is st least r eahthoughunpolished. The me nwho thus long for substantislmentalsympathy, and willgowheu they can get ig sr e ofien ,

indeed,mnchbe tte r st thecur e thsn

‘

the men who ar e content withthe iusaities of

gloved and scented party- goers—men who feelno need to

come while standing, tea- cup in hand, answering tr ifles

with tr ifles ; and who, by foeling no mhne ed, pr ov ethemselves shallow- thoughte d and colda bear ted. It is true,thst some who shun dr awing~ r ooms do so fr cm inahility to

that they would be gr es tly improved by beiug kept under

these mstr aints. But it is not less t by sdding to

nnd s r egard for cther smhost of faotitious r estraints bssed

elsehsve been borne with benefit, is rendered unbearable,

and so misses its end. _ Ex cess ofgover nment defeats itself

by dr iving awsy those to be gover ned. Aud ifov er allwhodese r t its ente r tainments in disgust either st their emptiuesscr their formality, socie ty thus loscs its u lstary influe nceif sochnot only fsilto r eoeive that mor slcnltur e whiehthe

them, m mdd amt of oww mhmfion, m miv e n intohalnh' and companionship which often end in gamblingsad d n nkenness ; mm t we m t u y thatha efl oofis an efilnct to be passed ove r as insignificantl

40 mm ss m u smos.

tudinous preparations and ceremonies have npon thepleasu r es they profess to subserve.Who, on cslling to

mind the oceasions ofhishighest socialemjoyments, doesnot find them to have been wholly inim'mal, perhapsimpromptu? How de lightful a pic- b io of friends, whoforget allobservances save those dictated by good nature !How pleasant the unpretending gatherings of small booksocietiemand the like ; or those pur ely sccidantalmeetinpot s few people wellknown to eschother ! Themindeed,we may see that “

a man sharpeneththe eonntensnce ot

his friend.” Cheeks flush, and eyes sparkle . The wittygr ow b r iflianhand even the dullare ex cited into saying

good things. Them is an cve rflow of topics ; and theright thought, and the right words to pu t it in, spr ingup unsought. Grave alte rnates with gay : now ser ious

converse, and now jokes, anecdotes, and playful raillery.Ev eryone

’s best natur e is shown ; everyone

’s best feelingsar e in pleasurable activity ; and, for the time, life seemswellwor th having. Go now and dress for some half- pesteight dinner, or some ten o

’clock “

at home ;”and pr esent

yourselfin spotless attire, with every hair m used to perfection. How great the difier euce l The enjoyment seemsin the iuver se ratio oi the pr eparation. The se figur es, gotup withsuchfinishand pmcisiom appear buthalf slive.They hav e frozen eachother by their primness and yourfaculties feel the numbing efiects of the atmosphere themoment you sates

- it. Allthose thoughts, so nimble and

soqnir ed a pr eter natm'slpower oi eluding you. lf yon

venture a remsrk to yonr neighbour , the re eomes a ttite

r ejoinde r , and ther s it ends. No subject you csnhit upnnoutlives half a dosen sen tenm Nothing thst is said

ex cites any r ed intcr est in you g sud you feelthat sllyousay is listened to withapathy. By seme strsnge msgio,

things that nsnally give plessur e seem to have lost all

charm. You have a taste ior ar t.Weary of fr ivolous

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£2 m m m m mon.

choicestmusiOplayed st s eonce rt by the most som lishedmusicians. A single good pictur e seen in s desM s

bitiou gone throughwithcatalogue and pencil. By the

to secu r e bappiness, thehappiness is gone . It is too subtle

to be contsined in these r eoeiv ermgarnished withcompliments, and fenoed r ound withetiqnette. Tho mas-e we

we to dr ive it away. The reasou is pe te ut enough. Thesehigher emofions to whichmcid inter coun e ministmg m

of extr eme ly complex natur e ; they consequently dependfor their production npon vsr y nnuiemus eonditions ; themor e numemm the conditionmthe greate r the liability thstoue or othe r of them willnot be fulfilled. It tskes s

sympathy withthose sr ound may be eatiuguished by s look

or a word. Hence it follows, that the mor e multiplied theunnecessary requirements with which social intercourse issur r ounded, the less likely ar e its pleasur es to be schien d.It is diflicult enoughto fulfiloontinuously sllthe m es ts

’

d s

to a pleasur sble communion withothers : bow muchmoredifficult, then, must it be conh'nuously to fnlfilshost ofson- m entials also lWhat chance is ther e of getting sny

genuine r esponse fr om the lsdy who is thinkiug of your

stupidity in takingher in to dinner on the wnong s rm f

How sr e you likely tohave agreeable converse with the

placed next to thehostossl Formalities, familiar as theymay become, necessar ily occupy attention— necessarilymnlt

’

ply the occasions for mistake, misunderstanding. andjeslousy, on the part of one cr othe r—uecesssr fly distrset

all minds from the thoughts and feelings whichshouldoccupythsm—neeesss r ily,ther cfor e ,subver t those conditionsunde r whichonly sny ste rling iute rconr se is to behed.

And this, indeed, is the fatal mischief which these

am m m u smos . 43

conventions entail— a misohief to whichevery cther issecondary. They destroy those pleasures which they profess to subserve . Allinstitutions ar e alike in this, thathoweve r useful, and needful ev en , they originally were, theyin the end cease to b e so

,bu t often become detr imental .While humanity is growing, they continue fixed ; daily ge t

mor e mechanical and unvital; and by and by tend to

str angle what they before preserved. Old forms of governo

ment finally gr ow so oppressive , that they must be thrownofie ven at the r isk of r eigns of ter ror. Old creeds end

in be ing dead formulas, which no longm'

aid but distor tand ar rest the gen eral mind ; while the State - churchesadministe r ing them, come to b e instruments for subsidiz ingconservatism and repr essing progr ess. Old schemes of

education, incarnated in public schools and colleges, continue filling theheads of new gene r ations withwhathasbecome r e latively useless knowledge , and, by consequ ence,excluding knowledge which is use ful. Not an organisationof any kind— political, r e ligious, literary, philanthropicbut what, by its ever- mu ltiplying regu lations, its accumu

lating wealth, its year ly addition of ofiice rs, and thecreeping into it of patr onage and party feeling, eventuallyloses its original spirit, and sinks into a life less mechanism,

wor ked with a view to private ends—a mechanism whichnot mer ely fails ot

'

its fir st pur pose, but is a positivehindr unes to it. Thus is it, too, withsocialusages.We r eadof the Chinese that they have ~

“ ponderous cer emoniestr ansmitted from time

'

immemor ial,” which make socialintercourse a bor den. The cour t forms pr escr ibed by

monarchs for their own exaltation, have, in alltimes and

plm ,ended in consuming the comfort of their lives.

And so the artificial observance s of the dining- r oom and

saloon, in pr oportion as they ar e many and str ict, extinguishthat agre eable communion which they were intended to

secure . The dislike with which people commonly speak of“ piety that is formal,

”and “

stiff,”and “ Tamm lousi

u

44

44 m inim um fiss ion.

implies a gensr alrecognition of this fact ; and this r ecognition involves the infer ence that allusages cf behaviourwhichar e nct bm un natu ral requirements, are injur ious.

That these conventions detest the ir own ends is no new

assertion. Swift, criticising the manner s ofhis day, saya“Wise men ar e often more uneasy at the cvee ewility ot

'

these r efiner s thau they could possibly be in the ccn ver sao

tion ofpeasants and mechanics.”Bnt it is nct only in these details that the self- de feating .

action of cur ar r angements is tr aceable ; it is traccable in

the very substance and natur e of them. Our sccialinter

course , as wmmonly managed, is a mere semblance of ther eality sought .What is it thatwe want ? Some sympatheticconverse with our fe llow- creatures H ome conven e thatshall not be me re dead wor ds, b ut the vehicle of living

face shallspeak, and the tones of the voice bc fullcfmcan~

iug—oonver ae whichshallmake us feeluc longe r alone ,

but shalldmw us closer to othm and donble our own

smoticns by adiling their ’s to them.Who is ther e thathas not, fr om time to time, felthow cold and flat is allthistalk about politics and science , aud the new books and thenew mem audhcw a genuine utte rance of fellow- toolingoutwe ighs the whole of it? Mark thc wor ds of Bacca r

“ For a cr owd is not company, and faces are but a galler ycfpictum and talk but a tinkling cymbal, wher e ther c isnc love.

”c is be tr umthen it is only after acquaintance

haa gr cwn into intimacy, and intimaoyhas r ipened into

friendship, that the real communion which men used

becomes possible. A raticnally- formed cir cle mnst consist

almost wholly of those on te rms of tamiliar ity and regard,with but one cr two strangers.What folly, thcn, underliesthe wholc systsm of our graud

evening par tiso—orowds made up cf many who ne r er met

befor e , many whc just bow to cne another , many whothonghwellknuwn fee l mutual indiflcr ence, withjust a isw

m m AND M N.

mund at the ar tificialex pr essions cf facs, tc see at cncehow

employed for quite other purposes. What is the usualplea put in for giving and attending these tedious assemblies ? “ I admit that they ar e dnlland frivolous enough,”r eplies everyman to ycur cr iticisms ;

“ b ut then, ycu know,

one must keep upcne’s connexion .

”And could you get

fr om his wife a sincer s ‘

answer , it would be—“ Like you, I

pmfesaion to push, ahnsiness to ex tend ; cr parliamentar y

be got : The other’s

dowrie s. Worthless for their ostensible purpose of dailybr inging human beings into pleasurable re lations withmob other , these cumbrous appliances of our social intei~

conn e are novr per seve r inglyhept in action witha view

Whe theu shallsay that the r eform of ou r system of

indncsa fashianable sx travagance, withits occasiomalr uin

interc ourse among the less wealtliy classes—when “ findthat many who most need to b e disciplined by mixing

46 m ums sun u suios.

with the r efined ar e dr iven away by it, and led into bad

cou r ses— when we count up the many minor evils it inflicts,the extr a wor k which its costliness enwls on all pro

fessionaland mercantile men, the damage to public tasteiu dr ess and deocraticn by the setting up cf its absur ditiea

as standards for imitation, the injury to health indicatedin the faces ofits devotee sat the olose of the Londomseason

,

the mor tality cf milline r s and the like , whicb its sudden

exigencies yearly involve ;— and when to all these we addits fatal sin ,

that it wither s up and kills thathigh enjoyment it professedly min isters to— sball we not conc lude thatto rationaliz e etiquette and fashion , is an aim yie lding tofew in urgency ?

There needs, then, a protestautism in social usages.Form which have ceased to facilitate and have becomeobstructive—have to be swept away. Signs ar e not

wanting that some change is athand. A host of satirhta,led on by Thacker ay, have long been engaged inour sham- festivities, and our fashionable follies, into con

tempt ; and in their candid moods, most men laugh at thefr ivolities with which they and the wor ld in general ar edeluded. Ridicule has always been a revolutionary agent.Institutions that have lost the ir roots in men’s respect andfaith ar e declined ; and the day of their dissolution is not

fur ofi. The time is appr caching, then, whsn ou r uystsm af

socialcbse r vancsa must pass throughscme cr isis, out cf

which it will come purified and comparatively simple .How this cr isis willbe brought about, no one can say.

Whether by the continuance and increase of individual

pmtests, or wbctbe r by the union of mauy psrsona for thepractice and diffusion of bette r usages, ths futur e alone

can decide . The influence of dissentisnta acting withoutm pe r atiou , seems inadequate . Frowned on by none

formista.aad ex poatulated witheven by thoas wbo sea stly

W M IABM

unable to trace any benefit produced by their example ;apt, one by one , to give up their attainpts as

tains it.* Thoughhe thinks that a silkhandker chid is

quite as appr cpr iate fcr drawingA-

oom use as a whitecambric one , be is not altogethe r at ease in acting outhisopin ion. Then, too,he begins to per ceiv e that his resist»

whichhe had not calculated upon. Hehad ex pected thatit would save bim fr cm a gr eat dealcf aocialinter cour se

of a fr iv olous kind— that it would o the silly people,but not the seusible people ; and sc wcnld aer ve as a self

acting test by whichthcsc wor thkncwing would he sepe

prove to be sc gr eatly in the m jcr ity thahby cflsndingthen , be closes against himse lf nearly all the avenues

thiooghwbichthe sensible pecple ar e to be r eached. Thushe finds, that his nouccntormity is frequently misinter

pre ted ; that ther e ar e but few dir ecticns in wbichhs dar es' Thism mifim bdm tho in&odufim d sflm m

48 umm s m u emox .

to w ry it consistently ont ; that the disadm tage- it

entails ar e greater than he anticipated ; and that thechances ofhis doing sny good am very r emote. Heneahogr adually loses r esolntion, and lepees, step by stop, intomozd im r y rontine ofobaer vanoes.

Abortive as individual protests thus generally turn out.it may possibly be that nothing elfectualwillbe done until

there arises some organized N uisa nce t o this invisibledespotism, by which onr modes andhsb its ar e dictated.

It may hsppem tbat the govemment of Mannet-s and

Fashionwillbe render ed lees tyrannical, u the pohticfl aad

re ligious gover nmenta hsve beem by some antagonistic

union. M ike hChuwhsnd M , med - M M

number s, bound toge therhy a oommon er eed or a oom on

political faith. What remained undone while ther e were

ther e came to be m ny noting in concer t. It is tolemblyclou that theee earlieet instalments of fi-eedom oould not

hsn been obteined in any other wan for ao long as the

str ong, ther e eould neverhaire been a suflicient oumhe r daepm te diaaentients to prodnoe the desired r ecnlts. Onlyin thu ehtee m'ing whiohthe lecular and apir itual

tom ds individuallibe r ty gm ter ,hu it beoome pou ihleior smsUer and m lle r seeta and par tiea tofight agfimtestablished er eeds and lawa; antilnow men may -ab ly

individual nonconformity to customs, suggest. that ananalogoua oer iea of chmges mayhave to be gome thm ghin thia caae also. It is tr ue that the la m m ipla difienfivm the la owiphiu thig thag bedng unwfim it io

the malogyholds mhatantially good. For in this uu e, “

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50 m m m n ames .

visiting cir clee of their own. And wheu a sucoemfulstand

hu beemmada w d the b rnnt of the oppositionhas pasaed,that large amount of aecr et dislihe to our obser vances

sufiicient power to effect the desired emancipation.

Whether such will b e the process, time alone can decide .

That community of origin, growth, supremacy, and doesdence , which we hav e found among all kinds of gover nment, suggests a community in modes of change also.On the other hand, Nature ofte n perform substantiallysimilar operations, in ways apparently difl

'

er ent. Hencethese details can never be foretold.

Meanwhile, let us glance at the conclusions that havebeen reached . On the one side, government, or iginallyone

, and afterwards subdivided for the better fulfilment ofits function. must be considered as having ever been, in all

its branches— political, re ligious, and ceremonial— hens»finial ; and, indeed, absolutely necessary. On the otherside, gov ernment, under all its forms, must be regarded assubserving an ofilce, made needful by the untitness ofaboriginal humanity for social life , and the successivediminutions of its coerciveness in State, in Church, and in«Custom,

must be looked upon accompanying the met-easingadaptation of humanity to its conditions. To complete theconception, ther e r eqnir es to behor ne in mind the thir d fact,that the genesis, the maintenance , and the decline of allgov ernments, howeve r named, are alike brought about bythehnmanity to bé oontinlled ; fromwhichmayhe dr awn theinference that, on the average , restrictions cleve ry kindcannot last much longer than they ar e wanted, apd cannotbe destr oyed much faster than they ought to be . Socie ty,in allits devclopments, undergoes the proceas of ex uviation.

These old forms which it successive ly thr own have all

the protective envelopee within whiohahighar hnmanity

n ur ses n o rasnica. 51

was b eing evolved. They ar e cast aside on ly when theyb ecome hindrances— only when some inner and betterenve lopehas been formed ; and they bequeath to us allthatthe r e was in them of good. The per iodical abolitions of

tyr annical laws have left the administr ation of justice not

on ly uninjure d, but pu r ified. Dead and bur ied cr eedshav e not car r ied with them the essential morality theycontained, which still exists, uncontaminated by the sloughsof supe r stition . And all that the r e is of justice and

kindness and beauty, embodied in our cumbr ous forms of

etiquette , will live per ennially when the forms themselveshave been for gotten.

RAILWAY moan s AND RAILWAY POLICY.

[m p-m icaa theEdinburgh Reviewfor October

a m in the intrinsic virtues of political form , mightdraw an instr uotive lesson from the politics ofour milways.If ther e needs a conclusive proof that the moet care fullyframed constitutions ar e worthless, unless they be embodi

ments of the popular characte r —if ther e needs a conclusiveproof, that governmental arrangements in advance of thetime will ine vitably lapse into congruity with the time ;suchpr oof may be found over and cver again r epeated in

by Act of Parliament, the administrations of our publiccompanies ar e almoat pur ely democ rutic. The representativesystem is carr ied out in them with scarcely a check.

Shareholders elect their dir ector s, dir ector s their chairman;ther e is an annual r etir ement of a cer tain proportion o!

members of the board, giving facilities for supersedingthem ; and,hy this mcsns, tlre whole ruling body may bochanged in per iods varying from thie e to five year s. Yet,

not only are the character istic vices cf cur politicalstawr eproduced in eachof theee mem ntile oorpon tions

—eomecvon in an intcnscr degiee

—but the very form of govn-n

ment whde mmfining nominany demom fimis substantiallyso remode lled as to become a miniature of our nationalconstitution. The dircction, ccasing to fulfilits theory as a

m m r m ns m m m n sou ér . 58

muncflfiormed oi member s who pom equd powermfalls

their’

franchise,’

allow it to become cn sllo rdm'

ary oca sions'

a dead letter . Refirmg dm m whb itnanyw wwd

their own election when opposed, that thehoard becomespractis lly a clcee body ; and it is only when the mis

“om ry agihfion m ong the shmholder g that any ohangecan be elfected. Thnma mix tnm of the monar chim thear istocratic, and the democratic elements, isms‘

peatod withsuch modifications only as tbe cir cumstances fitnvolve . Themodes of sction, too, ar e sub stantially the same 3 3ave in

this. thst the copy ontr nns the or iginal. Thr eats of

resignation, which ministries hold ou t in ex tr eme case s,ar e commonly made by railway- boards to stave of? dis

agr eesble inquir ies. By nc means r egarding themselves assm ts cf the shar eholde r s, dir ectors r ebelsgsinst dicta tionfiom thsm ; and constr ne any amendment to their pr oposalsinto a vote ci want ofconfidence. A thalfi-

yearly me etings,din greeahle cr iticisms and objections sr e met by the chsirman withthe r emn kfihat if the shar eholders mnnntfinathis colleugues andhimseli, theyhad b etter cboose others.

w y did nr bm cq measm s quite atm ianee withthe wishesot tbe pr opr ietary sr e allowed to be car r ied. The par allelholds yet fnr ther . H it be tr ne of nationaladniinistr ations,that thoae in pcwer have the‘

snppcr t of pnbfic m ployér ;it is not less the of incorporated companies, that thedhe ctor s ar e aided by the oificials in their str nggtes withshareholder s. Ifiin limes psst, ther ehsire been ministr ies

54 u mmi som e ass u nsu r rot icv.

times pr esen t, r ailwsy-hoards who nse the funds of thedetail, the similarity is maintained. Like the ir prototype,

agents ; they have their canvassing with its sundry

manufactur e oi fr audulent votes. And, ss a gener alresnlt,

against statesmen, is now habitually displayed in theof these trading associations . constituted

though they ar e on purely r epmsentativs principles.

general public who neve r see a railway- jour nal, and who

skip the reports of half- yearly meetings whichappear inthe daily papers, ar e under the impression that dishone stieslike those gigantic ones so notorious during the mania, ar eno longer committed . They do not forget the doings of

stage and stock - jobber s and runaway- directors. Theyremember how men - of- str aw held shares amounting to

and even how numerous directorateswere filled by the same persons— one having a seat st

twenty - three boards ; how subscription-conta cts weremadc ap withsignatur es bougbtat IOs and even 40 each,and porters and errand - boys made themselves liable for

and a- pieee . They can narrate howhoardshept their hooks in ciphcr , msds falss r egistr ies,

books ;how m one company,half~a -mi1hcn of capitalwas

put down to nnr eal names ; how in another , director sbought for account mor e shsr ss than they issued, and so

for ced up the pr icc ; and how in m ny othm they r e

for the company their own share s, payingthemselves with the depositors’ money. But, though moreor less awar e cf ths iniquities whichhaveheen pr actised,the genu -

ality think of them solely ss the scoompanimnh

mum s! nou ns sun sums! Power . 55

of bubble schemes. More recent enterprises they know tohave been bondyids ones, mostly car ried out by old- establ'

uhod companies ; and knowing this, they do not suspectthat in the getting- up of br anch lines and extensions,the r e ar e chicaner ies nesr akin to those of CapelCour t ;

and quite as disastr ous in their u ltimate resu lts. A ssociat

ing the ideas of wealth and respectability, and habituallyusing respectability as synonymous with morality, it seemsto them incredible that many of the large capitalists andmen of station who administer railway afisir s, should beguilty of indir ectly enriching themse lves at the expenseof their constitu ents. True, they occasionally meet witha law- report disclosing some enormous fraud ; or read aTimes leader , characterising dir ectorial acts

'

in te rmswhich ar e he ld libellous. But they regar d the cases thusbrought to light as entirely ex ceptional ; and, under thatfeeling of loyalty which ever idealises men in authority,they constantly te nd towards the conviction, if not thatdir ecto r-s can do no wr ong, yet that they ar e very unlikely to

Ahistory of railway management and railway intr igue,howe ver, wou ld quickly undece ive them. In sucha history,the tr icks of projectors and the mysteries of the sharemarket would occupy less space than the analysis of themultiform dishonestie s which have been committed since1845, and the genesis of that e laborate system of tactics bywhich companies ar e betrayed into r uinous undertakingswhich benefit the few at the cost of the many. Such a '

history would not only have to detail the doings of theper sonage famed for

“making things pleasant ; nor wouldit have mere ly to add the misdeeds ofhis colleagues ; butit would have to descr ibe the kindr ed cor r uptness of othe rrailway administr ations. From the published repor t of aninvestigation- committee, it would be shown how, not many

yeara since, the dir ector s of one ofour lines allotted amongthem new shares then at a premium in the

56 m ar new s w e m wn sen or .

m rhet ;how to pay the deposits on these shm s they used

the compauy’s funds ; andhow one ot their nnmber thus

to the ex tent of mor e thau tfiom .We should mad init of one railway chairman who, withthe secr etary

‘s eon

nir snce, r etained shar es ex oeeding a quar ta ol a million

in amount, intending to claim them ashis allotm nt if

they r ose to a pr emium ; and who, as thoy did not do

sm left them as unissued shar es ou ths hsnds of thein it of dimctcrs whe made loaus to themselves ont o!

the company’s floating balances at a low r ats of inter est,

when the market r ste washigb ; and who paid themselveslarger salar iss than those assigued : entering the dimin an obsour e cor ner of the ledge r unde r the head ol“petty dishur semente .

” There would he a description s!the manmuvr eshywhicha delinquent board, under impending investigation, gets a favourable committee nominated“a whitewashing committee .

” Ther e would bs docnmsmtsshowing that the proxies enabling boards to car ry come stedmoasures,have in scme cases beeu obtained by garbh’dstateme nts ; and again, that pr ox ies given for a specifisdpurpose have been used fcr other pnr poses. Ous of our

companieswould be pror ed tohave pr ojected a lioe, swvingas a foeder , for which it obtained shareholdershy ofl'

er ing a

guamute ed dividend, which, though unde r stood by the pnblicto be unccnditional, m n ally contingent upon a condition

not likely to bs fulfilled. The managen of anothcr companywould be oouvictsd oihaving cufied par ty measm s by theaid e! pr eter ence- shar ea staading in the nemes of statioa

masters ; and cfbeingaided by the pr ox iss of the sser su '

y’s

childr en too young to wr ite .

er ih, but result ir om some de ep' seated vioe in our symmof railway- government, is suficiently pr oved by the fast,that notwithstanding the filling of railway- dividends pro

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58 m wst t ou ts u rn n u war romor .

continually deluded by ialse r epr esentations. “s calypossible escape from this conclusion is in the be lief thatboards and their officers have been themselves deceived ;and were the discrepancies between promises and resultsoccasional only, there would be grounds for this lenientinte r pr e tation . But to suppose that a railwsyvgover nmentshould repeatedly make such mistakes, and yet gain no

wisdom from disastrous expe r iences—should alte r a doz endisappointments again mislead half- yearly meetings bybright snticipations into dark realities, and all in goodfaith— taxes credulity somewhat too far. Even, then,were there no demonstrate d iniquities to rouse suspicion,

of railway- stock, the determined perseverance of boards inthe policy whichhas produced this depreciation , and theproved untru th of the statements by which they haveinduced shareholders to m otion this policy, would ofthemse lves suffice to show the viciousness of railway

That the existing e vils, and the causes conspiring to

produce them, may be better understood, it will be needfu lto glance at the mode in which the system of extensionsgrew up. Earliest among the incentives to it was a fee lingof rivalry. Even while yet the ir main lines we re unfinished,a oonte st for supr emacy aroso bctween our two greateat

compan ies. This presently generated a confirmed antagonism ; and the same impulse which in election coutsstahaasometimsa entailed the squande r ing of a im-tune to gain a

victory,has largely aided to make eachof theas gr sat r ivalasubmit to repeated sacrifices rather than be beaten. Feedsoi like nature ar e in other cases perpetually promptingboards to make aggressions on each other’s territoriesevery attack ou the one side leading to a reprisalon thsother ; and so violent is the hostility occasionally produced,that dir ectors might be pointed out whose votes ar e whollydeterminsd by the deair e to be r evenged on their opponents.

asuwt r t oasts ma m a rou cr . 59

Among the first me thods used by leading companies to

the leasing or purchase of subordinate neighbouring lines.Of course those to whom over tures wer e made , obtainedbids from both sides and it naturally resulte d that thefirst sales thus effected, be ing at pr ices far above the realvalues, brought great profits to the sellers. What re su lted lA few recurrences of this proceeding, made it clear to

quick- witted speculators, that constructing lines so circumstanced as to be bid for by competing companie s, would bea lucr ative policy. Shareholde r s whohad once pocketed

these large and easily-made gains, we r e eager to r epeat thepr ooeu ; and cast about for distr icts in which it might b edone . Ev en the director s of the companies by whom thesehigh prices were giv en,wer e under the temptation to aid in

this ; for it was manifest to them that by obtaining a lar ge rinterest in any such new undertaking than they possessedin the purchasing company. and by using their influence inthe purchasing company to obtain a good pr ice or guaranteefor the new under taking, a great advantage would be

gained. That this motivehas been lar ge ly operative, railway history abundantly proves . Once commenced, sundryothe r infiuences conspir ed to stimulate this making of

feeders and extensions. The non- closure ofcapita l- accountsrende re d possible the cooking ” of dividends, which wasat one per iod car r ied to a great ex te nt. EXpenditnr e that

against cspital; works and rolling stookwer e allowed to gounrepaired, or insufficient additions made to them, by whiohmeans the current expenses were rendered de lusive ly small ;disbursements thathad virtually been made, te be kept outof the accounts ; and thus the net returns were made toappear gr eater than they really were . Naturally new

put before the moneyed wor ld by companieswhose stock and dividends had been thus artificially raised,

00 u m r m m u um r roncr .

weee r eceived wifipmpor titm tehw ur . Under- themestige oftheir pu cutage their shau a camo cut e t bighpr emim br inging largc profits to the pmjcctcra. Tbe hintn a scen tahen ; and it pr esm tly became an sstablishcdpoliey, undsr ths auspices of a proaper ity either realcr

mock, to get up thcae snbsid°

n ry linsa

m u lled in the dang of tbe initiatsd—aud to tr atfic intbe pr emiums their sbnr u ccmmanded. Meanwhile hndbem de r ehping a n coudary eet of iufinencea whiehalaoccnhibuted to toster unwise enta pfises ; namely, thc businem intuu ta od thshm sngineermcontractou , “

str ucfion . The ways of gwing up and cau'

ying new

schemea could not iailfin the ccur se of year sn o bccoms

iamilis r to c oncer nsd ; and there could uot fnilto gnowupamong thm a system of concer ted tactics ior aohievingtheir common md. Thua pafily fr om the jsalou y oi r ivalboardg pad lyfiom the m sdineas oi shn eholden in pu r u

it is to car ry out ths pr ojects legally author ised, par tly, and

wild specnlations of IBM and lBfi. Ths ccnsequant dia

asters, while they pr etty welldcstroysd tbs last cf thcaaincenfim lezft the r est mnohas tbey wm Though t!»pn

’

nfully- undeceivsd publichavs csased tc aid as they onco

since been wor king togetha as betoro—hm developedtheir methods of co-operation iuto ctillmcre comflu and

snbtle forms; aud are eveu now dsily thr usting uukwtunato

shar eholder s into lofing nndfl m fl

Befor e pmcseding to and yns the ex iating su ts cltb mnot suppcac thoae implicated tc be ou ths oca ugs mon llylowr r than ths community at lsr go. Mcnhhn at n ndcm

M IDWAY nouns m w twu rou cr . 6 1

the same way when placed in like positions. There ar e

alao ther e ar s other s whose standard ofhonour islarhigha '

than that of most pe r sons. And for the nemuinder , tdiey

m doubflm as gocd ns the mass. Of the engineer s,

indumd hfity of pfinciplq ye t they wonld be hmhlyagainst them, used as tcsts. Those who do not seehow inmm w t mm spondhgly bad fl M dilyhm ou cam

famfliar fact that the corpor ate consoiw ce is infm-ion to ths

joht wt that whicheachone ot thern would shr ink trom,

didhe feelpersoually r esponsible . And itmay be r emarked

that not only is the condcct of a corpor ate body thuscompar atively lax , bu t also the conduct tomwds cne. Thereis ever a mor e or less distiuct psr csption, ths t a br oadr

backed cmnpany scarcely teels what wculd be r uicous to a

on afl raflm y- bmr ds and theirWas wellas on all

contractor s, landowners, and others concerned : leadingthem to show a want ofpr incipls for eign to thsir gensralbehaviour. Again ,

the indir ectness and r emoteness ot‘

ths

whichthcse r esults oan be imaginsd. A cm eqm good

thathas to be traced thr ongha long chain cf actiona or

infinanosg andfis eventmlly reachedfisnot apu ticular and

62 w sm r scam n o u nwn m ar .

readily conceivable cne, bnt a geueraland vaguely con

ceivable one . Henca in r ailway afiair s, a qnestionable

share - transaction, an e x or b imn t chu ga a pmceeding whichinjur ing any one, and which, even if trw ed to its ultimate

living no one knows wher e, m y be br oughthome to menwho, could the resu lts be embodied before them,

wou ld b eshocked at the cruel injustices they had committed—menwho in their pr ivate business, wha 'e the r esults can be thus

to be noted tbat most of theee great delinquencies s r e

ascr ihabls not to tbe ex trems dishonesty of any one man or

gmup of men , but w the wmbma wlkmwrmt of manymen and groups of men, whose minor de linquencies arccumu lative . Muchas a story which, passing fr om mouthto mouth, and receiving a slight exaggeration at eachr epetition, comes round to the or iginalnar rator in a l

'

orm

ecamely to be r ecogniaed ; so, by a little imprope r infiun es

ou the par t ofhndownerma little favou r itism on the par tof members of Parliament, a little intr iguing of lawyer s,a little mauceuvr ing by contractors and engineers, a littlese lf- seeking on the part ol' dir ector s, a little under- stat

ement

of estimate s and ove r o statement of trafio,alittle

of the evils to be avoided aud tbe bcnefits to be gained— it

being guilty ol'

mor o than a smsllpor tion oi the fr sud.Bear ing in mind them the oompar stive lax ity ot the cor

conscience ; the diffusion and r emotencss ct ths evilswhichmalpraotices pr oduce ; and the composite or igin of

theso malpractices ; it bscomes possible to nnder stsndhow,

by men whmon the aver sgmar e little it at allbelow thegener ality in mor alcharacter.

u mvsr now : w e w twn rower . 63

insane extensions and this con tinual squandering of slamholders’ property ar e brought about.

Conspicuous among these is the self- interest of landowners. Once the greatest obstacles to railway ente rprise,owner a of estateshave of late years been among its chiefpr omoters. S ince the Liverpool and Manchester line wasfirst defeated by landed opposition ,

and succeeded with itssecond bill only by keeping out of sight of all mansions,and avoiding game prese rves—since the time when theLondon and Birmingham Company, after seeing the ir pro

ject thr own out by a committee of peers who ignor ed theevidence, had to conciliate ” opponents by raising theestimate for land fr om to — since thetime when Parliamentary counse l justified resistance bythe flimsiest excuses, even to reproaching engineer s with

the str awberry- beds of gardene rs — sinoe then, a markedchange of polioyhas taken place . Nor was it in humannature that it should be other wise . When it became knownthat railway- companies commonly paid for land and

comwnsatiou ,”

sums var ying from £4000 to £8000 per

mile ; that men were indemnified for supposed injury totheir property, by some so inordinate that the greater partln s been lmown tohe returned by the heir as couscience

money ; that in one case £l20,000was given for land saidto be wor thb ut £5000 -when it was noised abroad thatlarge bonuses in the shape of prefe rence st and thelike, were granted to buy ofiopposition— when it came tobe an we bfished fact that estates ar e greatly enhanced invalue by the prox imdy of railways ; it is not su rprisingChat country gentlemen should hav e become active fr iends

of schemes to which they were once the bitte r est enemies.

On considering the many temptations, we shall see nothingwonder ful in the fact that in 1845 they were zealous pro

64 m ar som e um“114W“ rot icr .

v isionalcommittee men ; nor in the fsct that their indneucess promoter s enabled them to get large snms for their ownacme. Ii we ar e told of squir es eoliciting iuter views withthe engineer of a projected railway ; promptinghim to

tske their side of the country ; pr omising suppor t ifhedid, and thr eatening opposition \ifhs did not ; dictafingthe course tohe followed thr onghtheir domains ; andhinting that a good pr iee would b e ex pected ; we m simplytold of the specialmodes in whiohce r tsin pr ivate inter e ehshow themselv es. If we hear of an ex tensive landowner

usinghis indmnoe as chairman of a board effir ecton , »

pr oject a br anchr unning for many miles thronghhis ownestata m d putfinghis compsny to the oost of a parlia

mentary contest to car ry this line ; we hear ouly o( thstwhichwas likely to occnr nnder suchcir oumstauces. ll

wefind mw befom the pubfiq a line pmposed by ss large

a pihfishser ving m ong other ends to efiect desin ble

insuficieut, ar e alleged byhim to be ample ; wehave bnta marhed w e of the distor ted r epr eseutstions whichundersuchconditions selfdnte r eet is snr e to engender . If we

diswver ot thhor tht whemq that it was got up by thelocalnobility and gsntry

—that they employed to make the

ot tutnr e b enefit to do this for his bar epr incipd s and sgent wear ied the dir ector s of an edjae enttr unk line totake up their pr oject ; thr eatsued that if theydid not their great r ivalwould ; alarmsd them into oon~

cessiou ; ssked £or s contributiou to their sxpensss ; snd

wouldhave gained allthese points bnt ior shar eholdm '

in com e of time , natur ally grow up under mchstimnli.It is uot that these faets ar e pu ticulsrly r emarhble . Fromthe gmss instanoe of the landowner who sshod dBOOOfin'

that whichhe eventually accepted £80 far , down to the

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m ay item s u p mu wu roste r . 67

busine ss. Thu s, without having immediate ly private ends,membe rs cf Parliammt ar e cften almost coe r ced into

urging forward schemes which,from a national point of

view, or from aphar eholde r ’s point of view, ar e ver y unwiseones . Then there come the still less dir ect stimuli. Wherene ither personal nor political ends ar e to be gained, therem sfillthe inter ests of a r elative to be subser ved ; or , if notthose ol

'

a relative , still those of a fr ie nd. Andwher e the r eis no decided impu lse to the contm y, these motives, of

to be said, that possessed as most member s of Par liament

ar e , with the be lie f that allrailway- making is nationallybeneficial, there exist in their minds few or no reasons forres ist ing the influences brought to bear on them . Tr ue

,

shar eholder s mq be injnr ed ; bu t that is their owu afiair .The public will be be tter served ; constituents will besatisfied ; friends will be pleased ; perhaps private endsgained : and under some or all of these incentives ,aflirmative votee ar e r eadily giv en . Thus, fr om the Legislatur e also, the r e has cf late year s prcceeded a factitions

stimu lus to railway ex tensim .

From Parliament to Parliamenmry agents, and thegener al body of lawyers concerned in railway enterprise ,is a ready transition . With these, the ge tting up and

car rying of new lines and b r anches is a matte r oi business .Whoever traces the process of obtaining a.railway Act, orconsiders the number of legal tr ansaction g involved in theexecution of railway works, or notes the lar ge sums thatfigure in half - yearly repor ts under the head of “ lawchange will at once see how strong ar e the temptations

and couusel. It has been shown that in psst year s,

per mile ; cf whicha large propor tion has gone into thepocket- cf the pr ofession. In onc contest, £57,000 was

68 w twu nou ns n o w ar rou cr .

meeting of one of our compahies it was pointed out, thatthe sum ex pended in legal and parliamentar y ex pcnscs

during n ine year s,had r eached orhad aver ageda- year. With these and scores of like facts

before them, it would be strange did uot so acute a bodyof men as lawyers use vigorous effor ts and sag

-acioca

devices to pr omote fmahente r pr ises. Indeed, if we look

back at the pr oceedings of 1845, we shallm pect, nct

on ly that lawyers ar e still the active pr omoter s of fle shenterpr ises, but otten the or iginator s of them. Manyhavehm rd how in those excited times the pr ojccts dailyannounced wer e not uncommonly set afioat by lccalaoli

citors—how these looked ov er maps to see wher e plauaihlelines could be sketched out—hcw they canvau ed the lomlgentry to obtain provisional committeemen — how theyagreed withenginee r s to make trial surveys— bew, onde rthe wildhopes of the day, they found little dificulty informing companies— and how most of them managed to

get as far as the Oommittee on Standing Ordm if uo

farther. Remembering all this, and remembering that

incr eased it, we may ex pect tofind r ailway lawyers amongthe mcst influentialof the many parties conspir ing to urgc

railway propr ietar ies into disastrous undertakings ; and

we shalluot be deceived. To a grest ex tent thcy ane in

ple tion of a new line, the lawyer and the cngincer work

togsthcr ; and their inter ests ar e throughout idcutical.

While the one makes the sur vey. the other pr eparca thcbochot reference . The par ishplans whichthe one geta

r eady, tlve other deposits . The ucticcs to owner s aud

occupien wmchthe cm fins im the othe r aer vcs upun

between them as to thc dcaling withlocalcppoaiticn and

the obtainmcnt of localsupport. In thO getting up of

RAILWAY KORALB AND RAILWAY POLICY.

their case for Par liament, they necessar ily act in concer t.

While , before committe e, the one gets his ten guineas

pe r day for attending to giv e evidence, the othe r makes

pr ofits on allthe complicated transactions which car ryinga bill involv es. Du r ing the execution of the wor ks theyar e in constant cor r espondence ; and alike pr ofit by any

expansion of the under taking. Thus ther e natur ally ar isesin each, the perception that in aiding the othe r he isaiding himse lf; and gradually as, in cour se of year s, thepr oceedings come to he often repeated, and a pe r fectfamiliar ity with r ailway politics gained, ther e gr ows up a

we ll- organized system of cc - oper ation between them— a

system r ende r ed the more eficient by the wealth and

influence which eachhas year by year accumu lated.

Among the manoeuv r es employed by r ailway solicitor sthus established and thu s he lped, not the least r emar kableis that of getting their own nominees elected as dir ector s.It is a fact

,which we state on good author ity

,that the r e

ar e puppet- dir ector s who vote for this or that at theinstigation of the company

’s lawyer . The obtainment of

such tools is not difficult. Vacancies ar e about to occur in

the dir ecto r ate . A lmost always ther e ar e men ov er whoma solicitor , conducting the extensiv e law - business of a

r ailway,has conside r able power : not on ly connexions and

fr iends, b ut per sons to whom in his legal capacityhe can

do gr eat benefit or gr eat injury . H e se lects the mostsuitable of these ; giving the pr efe r en ce, if other thingsar e equal, to one living in the country near the line . On

open ing the matte r to him, he points out the sundryadvantages attendant on a dir ector ’3 position— the fr eepass and the many facilities it gives ; the annual £100or

so which the office br ings ; the honour and influence

accruing the oppor tunities for pr ofitable inv estment thatar e like ly to occur ; and so for th. Should ignor ance of

r ailway afiair s b e r aised as an objection ,the tempte r , in

whose eyes this ignor ance is a chief recommendation,

70 m ar uow m n mwu m wr .

r epliesfiaths shallslways be wthand to guidehia votcu.

ofi'er inghimself to fu r nishthe needfulquulification. Thus

bs dauger ous to r efuse , the intended puppet allomhimselfto bs put in nomination ; and as it is the habit ofhulfyeu ly m efingmunless undsr gm t indiguation, to olect

any one pr opooed to them by moso in author ity, the

pr oceediug cau, of course, be mpes ted ; and thus thecompsuy

’s legalugeut and thoae lesgued with11mm ,

oommand suficieut votes to tur u tho scule in their

Themw ths pen onaliuter cst uud pom of the lwadsolicitor ,hm to bo udded tlmso of the local solicitors,withwhomhs is in daily intswour oe. They, too, pr ofis by

thcy form a dilpeu ed stafiof great infiuenoo. Thoy uro

feeling of their distr icts ; they eucour sge r inh-y withother lines ; they ularmloculshnr eholdeu withrumoure d

or non - ex temhu comes to u div iuiomthsy oolleot pr ox iu

for the ex tension par ty. Thcy b r iug pr essur o to beur on

their uhamholding clieu ta und relatives. Nay, so deopun

ium st do they feelmthe dsoisiomu somefimso to cmvotcs withthe view of infiu encing it.Wohave b et'on un

mee ting called to adopt or r ejeot u coutcmplatod bu nch,tr ansfe r red poa

'tious ofhis owu shur es into ths uumu of

sundry memberl ofhis family, uud so multiplisdhis m w

teen voteo iuto for ty- ono ; all of whichho m osdod in

favour of the uew oohemo.

Tho m ufity of u flwsy mginem is not muchuhon

sm wu m ass m w twsr Poster . 71

that of r silway lawyer s. The gossip of Gr eat George

Str ee t is ferfile in discreditable reve lations. It te llshowSe -and - eo, like others before him,

testified to estimateswhich he we ll knew we re insuficient. It makes joooseallusion to this man as being employed to do his senior’sdirty we r k ” —his hardw ew ing ; and narrate s of theother that, when giving evidence befor e committee ,he wastold by connselthathe was not to be believed even ouhis

line executed the parliamen tar y survey, by employing on itpar t of the stafiin the pay of another company to whichhe was engine er. Now it alludes to the suspicion attaching to s cer tain member of the fr ater nity fr om his havingle t a pe rmanent- way contract, for a term of year s

,at an

ex tr avagant sum per mile. Again it r umour s the gr eat

184-5, by charging for the use of the ir names at so muchthe prospectus : even up to a thousand guineas. And then,it enlarges on the important advantages possessed byengineers whohave seats in the House of Commons.Thus lax as is the e thical code of engineer s, and gr eatly

as they ar e interested in railway ente rprise , it is to be

e xpected that they should be active and not very scr upulous

promoters of it. To illustrate the vigour and skill withwhich they further new undertakings, a few facts mayhecited. Not far from London

,and lying between two lines

of railway, is an estate late ly purchased by one of our

engineers. He has since obtained Acts for branches tobothof the adjacent lines. One of these brancheshehaslensed to the company whoss line it joins ; audhehas tr iedto do the like with the other, but as yet without success.Even as it is, however,he is considered to have doubled thevalue ofhis pr operty. Again, an engineer of celebr ity

in the bill for a proposed railway, a clause extending thelimits of deviation, to several miles on each side of the line ,

72 em u mean s w e um wu r ov er .

thr oughont a cer tain distr ict— the usuallimits being but

five chains on eachside ; snd the sttempt is sccounted for

district. Te pr ess forward ex tensions by the cempanieswithwhich they ar e connected, they occasionally go to great

in their capacity of shar eholdeu . Thonghknown to bs

per sonally iu ter ested, one of them moved and the othe rseconded, that some new pr oposals fr om the pr omotor s ol

these schemes be cousider ed without dehy by the dim tofl .

The motiou wss car r ied ; the dir ector s spproved the pr opetals ; and agaiu, the propr ieto r s negutived them. Athird time a like efior t wss made ; a third time a ooufiietar ose ; and within a few dsys of the specialmee ting at

whichths difision m w nke phcq ons of theso engimcirculated amoug the shs reholde r s a pamphlet denying theallegations of the diwentient party and m king eouute r

statements whichit was then too late to meet. Nay,

hs did me r e : he employed agents to canvass ths shu e

holder s for prox ies in suppor t of the new under tsking ; nnd

was oblip d to comfess as muohwhen chsr ged withit s t

the mee ting.

Tur n we now to oontractor s. Railway- enterprise “

giv en to this elsss ofmen s giganfio development ; not onlyiu r espect of numhsr s, but in r espect of the vn t wealthtowhichsome of themhsve soqnir ed. 0r iginslly,half a

dosen milss of ear thwork, fencing, snd b r idges,m ssmueh

ithu beooms commou for one msn to engags to constr net

m entir e n ilwsy ; snd delive r it to tho compnny in a fitonndsuo

"

n for openmg'

Gr eat cspitslis r sqmn d'

for thin.

in conr se of time havo been snch, ths t sundry centr setunar s nm d asheing sschable to mske s railm sthis own

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74 muwu new n o w ar roster .

a sohedule ofpr ices to be ther eatter settled betwsenhimselfand the engineer . By this last clause the contracto rr ender shimself secur e. Itwonld never answerhis purposeto take par t payment in shar es likely to r etnr n somew psr

cents unlesshe compensatedhimself by nnusnally highpr ofits ; and this subsequent settlement ot pr ioes withonewhose interests, like his own, ar e wrapped up in thoprosecution of the under taking, ensu reshim highprofiu .

Meanwhilefit is noised abr oad that allthe cspitalhas beensubscfibed snd the line contr acted for ; these facts undnlyraise the public eetimate of the scheme ; the shn es am

quoted at muchabov e their true worth; unwary per sons

bu ; the contr se tor ftom tims to tims par te withb ismoiety at fair pr ioes ; and the new shar eholder s nltimately

as it or iginally promised to be,had been mads yet mor e

these tbe only cases in whichconu-actor s gain atter this

fashion. They do tbe like withlines of the ir own pr ojscting. To obtain Aots fo t he/y sign the subser iptiun

contracts for large amouuts ; knowing that in the wsyabove descr ibed, tbey can always make it answer to do

this. So gene ralhad the practiee latterly beoome, as toattr act the attention of committees. As was r emarked bya per sonage noted forhis complicity in these tr ansactiens“Committees are getting too knowing ; they won ’

t stand

that dodge now.

” Nw er thetesg the thing is stilldoue

enter their own names on snbscr iption lists for thonsandselsham ; yet they eflect the ssme end by making nominal

holder s ol'

their for emen and othsr s : themselves being thor caloncs.

Of dir eotor ialmisdoings some sampleshave alr esdy beengiven ; and mor e might be added. Besides those ar ising

of thm is the increasing community botwm n ilway

a nwu nou ns m u rvm r roster . 75

b onr ds and the Houee of Commons . There ar e eighty—oued irectors sitting in Parliament ; and though some of thesetake little par t in the afiair s oftheir r espective r ailways ,manyof them sr e the most aetive member s of the boards to

which they belong.Wehave but tolook back a few years,

and mark the unanimity with which companies adopted thepolicy of getting themselves r epr esented in the b egislatur e ,to see that the fur ther ance of their respective inte r estsespecially in cases of competition— was the incentive . How

well this policy is under stood by the initiated, may be

judged from the fact, that gentlemen ar e now in some cases

e lected on boards, simply because they ar e members of

is afl'

ected by a complioated play ofpr ivate infiuences ; andthat these influences generally work towar ds the facilitationcf new enter pr ises, is obvions. It natur allyhappens thatdir ector shaving seats in the fl ouse of 00mmons can moreor less smooththe way of the ir snnualbatchof new bills

thro ugh committees. It naturally happens that thosewhose oompanies ar e not cppoeed, ex change good ofiioes.

Not only do they aid the paming of schemes in which theyar e intme sted, bnt they ar e solicited to unde r take fu r therscheme s by those around them . It is a common- sense

districts ne eding railway accommodation, who ar e dailythrown in contact withthe chairmau of a company capabls

of giving this accommodation, do not neglect the oppor

tunity of fnr ther ing their ends. It is a common - se nse

the many mem s used to bias men, they seek to obtainhisasn

'

stence. And it is un e qually common - sense conclusionthat in many cases they succeed— that by some complicationof permissions and temiitstions they swervehim fr om hiscalme r judgment ; and so introduce into the companyhe

Under some motives however— whether those of direct

76 m wu new u se em u roucr .

“HM of pfl vste'

favour , or cf aatagcmshc'

feelingmattes-s nother e—é t is cer tain that dir ector s ar e conshntlythat theyfie qnently employ nnjnstifiablc means for either

aathcr ised to give ; and thsy sr e then pem aded thst theyar e bonnd tc endor sc the prcmises m de fcr them by

a new fllhe im d an M of ta ings

of a pmvionsly- executed branchto which the proposedone bean somc analogy. These earnings ar s ahcwnmotalways withont “

cooking"

) to bc tolerably good and im

proving ; and it is argned that the new pmjoct,hsv ing libspm pects, ofler s a £air invcstmcnt. Meanwhflq it is nct

was raised on dchontnr cs or hy gnarantsed sham at a

higher ratc of intcr est than ths dividsnd pays ; it is not

be raised onhke wrmmthe annnalintem t on debt will

swallow np mcr e than the annnal revenne ; and thmunsuspecting shareholders— some anacqoaintcd withthc

RAILWAY norms AND RAILWAY POLICY. 77

voted with them on a division, they have been known to

in c lu de thousands of shar e s on which a small sum on ly was

paid up, counting them as though fu lly paid up.

To complete the sketch, something must b e said on themanagement of boar d meetings and meetings of shar eho lde r s. For the fir st— their decisions ar e affected byvarious mance uv r es. Of cou r se, on fit occasions, the r e is awhipping- up of those favou r able to any pr oject which it isdesir ed to car r y. We r e this all

, there wou ld b e little tocomplain of b ut something mor e than this is done . The r ear e boar ds in which it is the practice to defeat oppositionb y str atagem. The extension par ty having summoned theirfor ces for the occasion, and having ente r ed on the minutesof business a notice wor ded with the r equisite vaguen ess

,

shape their pr oceedings accor ding to the char acte r of them eeting. Shou ld their antagonists muster mor e str onglythan was expected, this vague ly - wor ded notice se r ves

simply to intr oduce some gene r al statement or fur the rinformation concer ning the pr oject named in it ; and thematte r is passed ove r as though nothing mor e had beenmeant. On the contr ar y, shou ld the pr opor tion of thetwo sides b e mor e favou r able , the notice becomes thebasis of a definite motion committing the boar d to some

impor tant act. If due pr ecautions hav e be en taken,the

motion is passed ; and once passed,those who

,if pr e sent

,

wou ld hav e r esisted it, have no r emedy ; for in r ailwaygove r nment the r e is no second r eading, much less a

thir d. 80 dete rmined and so unscr upulous ar e the efior tssometimes made by the str onge r par ty to ov e r come and

silence their an tagonists,that when a conte sted measu r e ,

car r ied by them at the boar d,has to go befor e a gene r al

meeting for confirmation, they hav e been known to pass ar esolution that their dissentient colleagu es shall not addr essthe pr opr ietaryThat, at half- year ly and special meetings, shar eholde r s

should be so r eadily misled by boar ds, even afte r r epeated

78 u nzwu nou ns m u mwar Potter .

ex pefiemce oi their untr ustwor thiness, seema at fir st sightdificult to unde r stand. The mystmy disappcm howm r ,

on inquiry. Very fre quently, conte sted measur es are

car r ied sgainst the sense cf the mcctings bcfor c whichthcysr e laid, by means of the pr ox ies pr eviously ccllectedhy

mostly weak enoughtc sign thc fir st dccument sent tc

them. Theu cf those prescnt when the qucstion is bmughtto an issue, not nmny dar e attempt a spscch. Of thoaawho da ra b ut few ar e clear - hea

'

ded enoughto scc thc fullbear ings of the measur e they ar e about to vote upcn ; and

suchas can see them ar e often pr sventsd by n e r vom eas

from doing justice to the views they hold. “m ove r.it must be bor ne in miud that propr ietor s diaplayiagantagonism to thc board ar e usually r egarded by thcir

the misconduct of thc gcvcr niug bodyhas beeu vcr y glar ingand very mcent thcrs ever ar ises in ths mass a pw judiccagainst allplaying the par t of an oppcsiticn. l y atoccndemned as ncisy, and factious, and obstr uctive ; w d

ofien only by determined com gs m id baing pnt down.

Besides these negative reasons for ths gcncr alineficiencyof shar eholders’ msistancq the r c are sundry pcsitivc ones .

As wr ites to us a Member of Parliament whohaa bccn an

e x tensivc holder cf stock in mm companisa fr om tbe

first days of railway enterprise s—“My large and longacquaintance with Railway Companion’ M m hlss me

better- informed but dmid, m afiaid, by oppcsing thsdir ectoia, ci causiug a dopn ciaticn ot ths valuc of thcirstock in thc markct. and ar s mcr e alarmed at thc pvu pcctof this tsmpm ry depr cdaticn tban at ths pcr n am t lcas

entailcd on tho oompany by tho w cq and tbcr cfu c

RAILWAY HORALS AND RAILWAY POLICY.

unpr ofitable, outlay of additional . capital. Othe r sagain , be lieving that the impending permanent evil isinev itable , r esolve on the spot to se ll out immediate ly, andto keep up the prices of their shar es, also give their suppor tto the dir ectors.

” Thus, fr om lack of or ganization and

e fficiency among those who expr ess their opposition, and

fr om the timidity and double - facedness of those who do

not,it happens that extr eme ly unwise pr ojects ar e car r ied

by large major ities. Nor is this all. The tactics of theaggr essive par ty ar e common ly as skilful as those of theirantagonists ar e bungling. The chairman

, who is gene r allythe chief pr omote r of the contested scheme,has it inhispowe r to favou r those who takehis own side

,and to thr ow

difficu lties in the way of opponents ; and thishe not unfr e

quently does to a gr eat extent— r efusing to hear,putting

down on some plea of br each of or de r , br owbeating, evenusing thr eats.

* It gener ally tur ns out too, that, whetherintentionally or not, some of the most impor tant motionsar e postponed untilnearly the close ofthe meeting, when thegr eate r par t of the shar eholde r s ar e gone . Lar ge moneyvotes

,extensiv e powe r s, un limited permits to dir ector s to

take, in ce r tain matte r s,“such steps as in their judgment

they may deem most expedient,”— these, and the like , ar e

hur r ied ov er dur ing the last half- hour , when the tir ed and

impatient r emnant will no longe r listen to objector s and

when those who have pe r sonal ends to ser ve by outstayingthe r est, carr y eve rything their own way. Indeed

,in some

cases, the ar r angements ar e such as almost ensu r e themee ting becoming a pr o

- exte nsion one towar ds the end.

We may r emark in passing, that the practice of making the chairmanof the boar d also chairman of thehall- yearly meetings, is a very injudiciousone . The directors ar e the ser vants of the propr ietary ; and meet themfr om time to time to r ender an account of their stewar dship. That the chiefof these ser vants, whose pr oceedings ar e about to be e x amined, shouldhimself act as chief of the jury is absurd. Obviously, the business of eachmeeting should be conducted by some one independently chosen for thepurpose ; as the Speaker is chosen by the House ofCommons.

80 u mwu acu te Ann u nwu r oncr .

the generalbody ofpr opr ietcr s ar e also pr opr ieton cf scme

subor dinate wcrk— some b ranchline, cr canal, or stelun

boats, whichthe Companyhas pur chased or leased ; andashclde rs cf guaranteed stock, r eady to take up fur thersuchstock if they can get it, these lean tcwar ds pr ojectathat ar e to be emcuted on the pr efer ence - shar e syatem.

Theyhold their meeting for the declm tion cf div idend,

M , as socn as the meetiug of the 00mm y at lar ge hasbeen disaolved ; and iu the same r oom. Bence ithappmthat beinghept tcgether by the prcspect of snbsequentbusiness, they gradually, towards the close of the m oral

meeting, ccme to £crm the major ity cf thosc pr caent ; aadthe few ordinary shareholde rs who have been paficntenoughtc stay, ar e outr oted by those having intcr catadistinct from the ir own and quite at var iancs withthsweltar e of the Compu y.Andher e this allusion to tlrc pre ier ence

- share systcm,

introduccs us tc a fact whichmsyfitly clcse this dctailcf

at cnce to illustrate the subtlety and conccr t of railwaycficialism, and the power it can ex er t. That this fact may

pn b r enco—sham do not csuany cm y m thcy m

they occasionally r emaiu unpaid up untilthe u piraticn cf

a time after whichno fm-thcr calls mn be legally made.

la the case in qnesticn, a large numher of £50 pn fau nce

ahar eshad thua long atood withbut lfipaid. Promote rs

great power in the Oompany at smalloost ; and, as we lhallm they duly availed themaclm of it. Alreadyhad thsirparty twice tried to thrust the proprietors into a new

under takiug of gr eatmaguitude . Twicehad thcy entailed

notwithstanding a professed r elinquiahment of it, they

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82 m u m u xs u m u mwn r oncr .

that by virtue of cer tain stock actually r epr eaenting bnt

cf new schemes, outweighmor e than a quar te r cf a million

of the r eal capital held by shsr eholder s whom tbeeo

Need wc any lcnger wonde r , then, at the per sistence of

r uinous ex tensicns? Is not this obstinate ccntinnaunc cf

a policy that has year sfter year provcd dim ,

suficicntly explicable on contemplating the many illegitimatc infiuences at work? Is it not manifcst that me

and circumstances. Hm m the shamholdcr s difl'usedthroughout the kingdcm in towns and countryhouses ;oper ate were they acquainted. Ver y tew oi them see a

railway jou r nal; and scarcely anyhncw muchof railway

politic Necessal-ily a fiuctuating body, cnly a amall

cugagementa, policy, management. A great prcporticn

ar e inccsnpetent to jndge of the matter s that ccurehefor ethem,

and lack dccisiou tc act cut suchjudgments aa theyvolving muchr eepcnsibility ; tr ustees fear tulcf inter fer iagentail s lawsuit g widows whohave never in their liveaacted fcr themselves ’

in auy afiair of moment ; maidcn

hdiq ahbe uer vous andhmocent of allbnsineasknowladga ;to m b s thom scute men cf thc wcrld ; r ctired tr adcamcn

n uwAr som e Ann m wu Pot ter . 88

accumu lated savings and cramped notions ; with sundryothe r s of like he lpless char acters—allof them rendered

proportionately inclined to support those in authority. To

these should be added the temporary shareholde r s, who,having bought stock on speculation, and knowing that ar evolution in the Company is likely to depress pr ices for afime , have an interest in supporti ng the boar d irrespectiveof the goodne ss of its policy. Tur n now to those whoseefl

'

or ts ar e dir ected to r ailway ex panaion. Consider theconstant pressure of local populah

'

ons— of small towns ,of r uraldistr iots, of landowner s : allof them eager for

bu nchaccommodation ; allof them withgreat and definiteadvantage s in view ; few of them conscious of the lossthose advantages may entailon others. Remember theinfluence of legislators, prompted, some by their constitne nts, some by pe r sonalaims, and encour aged hy thebe lief that additional railway facilities ar c in ev er y case

nationally beneficial; and then infer the extent to whichas stated to Mr . Cardwell ’s committee, Parliament has“ex cited and urged for ward ” Companies into rivalr y.

vast profits accruing to them fr om every railway con test,whether ending in success or faflnr e ; and then imaginethe ru gs and subtlety of their extension manre uv r ing.

Conceive the nrgency of engineer s ; to the r icher of whommor e railway-making means more wealth ; to the mass of

whom more railway- making means daily bread. Estimate

great gain . Then recollect that to lawyers, engineers,and contractc r s the getting up and e x ecuting of new

unde r takings is a business— a business to whicheve ry

ene rgy is directed ; in whiohmany year s of practice havegiven gr eat skill; and to the faci1itation ofwlnch, allmeanstolerated by men of the world ar e thought justifiable.

84 u nwu nou ns m u nwu roster .

e r e ry facility for oombined action. A great part of thsm

minuter— ia Great George Street, in Parliament Street,cluste r ing r ound the Legislature . Not only ar e they thnsconcentrated— not only are they thr oughout the year infrequent businessmte r oour se ;hut during the session theyiu the committee - rooms, in the House of Oommons

afiair g should be continually out- gensr allsd by the com

parativ ely smallbut active, skilful, combined body oppooedte them, whose ve ry occupation is at staks in gainingthe victor y ?

But how about the directors ?” it will perhaps beseiz ed. “Bow can they be psr ties to thess obviomlyunwise undertakings ? They are themselves shareholders ;they gain by whatev er benefits the prcpr ietary at large ;

they loss by whatev e r inju r ss it. And if without theirconsent, or r athe r thsir agency, no new scheme can hsadoptedhy the Company, the elasses inte r ested in foetu -ingrailway enter pr ise ar e powsrlecs to do harm.

”

inte r com is the iatalm or commouly mado by ahar eholds”. It is this which, in apite oi bitte r er per iencss.

leada them to be so carcless and so tr ufiful. “ The ir

profit is onr ynnfit ; their loss is onr loss ; they kuowmomthau we do ; ther efor e let us leave ths matter to them.

”

Suchis the argument whichmor s or less definitcly passesthrough the shar choiding mind—au ar gument oi whichthc

un conaidsr it in detnil.

Not to dwsllon the disclosur es thathave in yean pad

RAILWAY llORALS AND RAILWAY POLICY.

b e en made r especting the shar e- trafficking of dir ector s,and the lar ge pr ofits r ealized by it— disclosur es whichalone suffice to dispr ove the assumed identity between thein te r ests of boar d and propr ietary— and taking for gr antedthat little, if any, of this now takes place ; let us go on

to notice the still- pr evailing influences which r ende r thisappar ent community of aims illusive . The immediatein te r e sts which dir ector s hav e in the pr ospe r ity of theCompany

,ar e ofte n much less than is supposed. Occa

sionally they possess only the bar e qualification of £1000

worth of stock . In some instances ev en this is par tlynominal . Admitting, however , as we do fr ankly, that inthe gr eat major ity of cases the full qualification, and muchmor e than the qualification, is held ; yet it must b e bor nein mind that the indir ect advantages which a wealthymembe r of a boar d may gain from the pr osecution of a

new unde r taking,will often far outweigh the dir ect inju r y

it will inflict on him by lowe r ing the value ofhis shar es.

A boar d usually consists, to a conside r able extent, of

gentlemen r esiding at difle r ent points thr oughout the tr actof countr y tr ave r sed by the r ailway they contr ol : some of

them landown e rs ; some me r chants or manufactur e r s ; some

owner s of mines or shipping. Almost always some or all

of them ar e advantaged by a n ew br anch or feeder .

Those in close pr oximity to it, gain either by enhancedv alu e of their lands, or by incr eased facilities of transit fortheir commodities. Those at mor e r emote parts of themain line, though less directly inte r ested, ar e still fr squently inter ested in some degr ee ; for eve ry exte nsionopens up new mar kets e ithe r for pr oduce or r aw mate r ialsand if it is one efiecting a junction with some othe r

system of railways, the gr eate r mer can tile conven iences

afior ded to dir ector s thus cir cumstanced, become impor tan t.Obviously, ther efore, the indir ect pr ofits accr uing to suchfr om on e of these extensions, may mor e than counte r

balance the dir ect loss upon their r ailway investments ;

86 u uwar new n o u mu r row .

acar oely fail to be afiected by temptafim eo m .

Then wehave to r emember the infiuences brought to bearthm have bem noticed ; and m r eeu r to thcm only for

the purpoee of pointing out that the immediate evil of

an increased dieeouut onhis llOOOwol-thof otock, may beto a dir eetor df muchless consequence than the favom ,

patr onage, conuemwus, whichhis aid in car rying a new

Mor eoverfihis disunion oi intm sts is incr eu ed by tbe

system ofpr efe r enoe- stook.Wer e tber e no othe r cause tn

ingu by ism ing shar es bear ing a guar anteed intem t ofafi,and 7 pe r cent., would deetr oy that com unity of matimsnpposed to ex ist between a railway pr opr iem y and ihex eoufive . Little as the fact is recognix eddt iayet r eodflydemonstr able that by mising one of theso mor tgnm a

Company is for thwithdivided into tw olau u ; tho one

consisting of the r ioher shar eholdm inelusive of tbe

awd tho other of thc poor er ahar eholdm ; o!clu m the r ieher oae can pmtect iteelffi'om tbc

whichthe pom r one hu to bu hu y, can even

by the lou ee of the pom-er one. This tu er tion,

u it willbe tomany, m willpooeed to pm

m of guau ntood shar eafit is the custom to

u chpmpfietor tbe option ofhking up a nm bu d

cham pmporfionate to the number ofhhor igind

By avciling himself of tbis oflbr , ho pu tiallymay entnil. Should this, not fulfilling tho pmmianadvocates, diminishin som degm the ganu al

i?

25

i

rumou r loan s um m ew“ Power . 87

dividend ; yet, ahighdividend on the due propor tion of

pr efe rence -stock, may nearly or quite compensate for this.

H ence , it beoomes the policy of allwho can do so, to takeup as many guarante ed shar es ss they can get. But whathappens when the circular announcing this apportionmentof guar ante ed shares is sent round ? Those who possessmuchstock, be ing generally capitalists, accept as many asar e allotte d to them. On the other hand, the smallerholders, constituting as they do the bu lk of the Company

,

having no available funds with which to pay the calls on

new shares, ar e obliged to par t with the ir le tte r s of allotment. What results ? When this additional linehas be enopened, and it tu r ns out, as usual, that its rev en ue isiusuficient to meet the guar anteed dividen d on its shar eswhen the gener al income of the Company is laid undercontribution to make up this guaranteed dividend— whenas a consequence, the dividend on the original stock is

diminished ; then the poorer shareholders who poemoriginal stock only,find themse lves loser s ; while the richerone s, possessing guaranteed shar es in addition, find thatthe ir gain on pr eference - dividends nearly or quite counte rbalances the ir loss on gene r al dividends. Indeed, as abov ehinted, the case is even wor se . For as the lar ge shar eproprie to r whohas obtainedhis pr opor tion of guaranteedstock

,is not obliged to retainhis or iginal stock— 1 8, ifhe

doubts the paying char acter of the new undertaking,hecan always sellsuchofhis shar es as willsufie r frem it ;it is obvious thathe may, ifhe pleases, become the possessorof pr eference - sham only , and may so obtain a handsomere turn for his money at the expense of the Company at

large and the small shar eholder s in particu lar. How far

this policy is pursued we do not pr etend to say ; thoughthe table given some pages back suggests extensivepur suitof it. All which it he r e con ce r ns us to notice, is, thatdirector s, being mostly men of large means, and beingthe refore able to avail themse lves of this guaranteed

88 m ar mou u m n nwu mm .

stochar e liable to be swayed by motives difier ent fi-omthose of the gensn lproprui stary. And that they oftsn ar e

so swayed ther e cannot be s doubt. Without assumingthat any ofmem delihmately intend to benefit at the cost

of them duly pemeiv e that the protection they willhave, isa pr otection not available by the shar eholdsr s at ln ge ; wethink it is a ratioualdeduction from commou ex per ience ,

that this prospect of oompensatioa often tur ns the scale in

opposition of those who dissppmve.

Than, the belief whichleads most railway shareholdmto plw e imphd t faithiu their dir ectorg ia an e rm eous oue .

It is not tr ue that thsr e is an identity of inter est betweeu

the pmpr ietary snd its ex ecntive . It is not tr ue that thelawyer s, eugine er s, contr sctor s, and other s who profit byliable to be drawu fi-om their line of duty by vm oua

'

indir ect motim but by the systw of guaraatsed shar se

the ir constituents.

And now what is the pr ox imats or igin of thsee cor rupticnsl aud whst is the r emedy for them?What er ror

iu railway legislation is it thsthas m de possible such

entn pnm' We bsliev e thm is a ve ry srmpls

'

answer- totheee qusstm It is e u answe r ,howeve r , whichwill at

fin t n’

ght seemquite ir r elevant ; andwe deubt not thst thecorollary we pr opoee drawing from it, willbe tor thwith

ar o notwithouthops of showing,hoththst the evihlaboun dnadcr would be a clnded we re this cm'

ollary r ccogniaed,

aud thd nmguifiou olithw t only teesiblq bnt ‘

would

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90 w twsr m u ta n ts u nm r roster .

that under existing d r enmstances r ifle - practice is moreimpor tant thau r eading, should decide to change dreoftheir union,and to apply the funds inhandfor theofpowder , ball, and targe ts.Would the r est be bonndhythis dccision ? Suppose that under the ex citement of news

from Aushalig the major ity of a Freehold IA nd Societyshould dete rmina not simply to stn t in a body for the gold

outfits.Would this appmpr iation ofpr oper ty be just to theminority ?and must these join the ax pedition ? Scarcdyany one wonld ventur e an afiirmative auswer even to thefirst of these questions ; muchless to the otheu . And

why ? Becauae everyone must perceive that by joiuiagutterly for eigu to the purpose for wfichhe joined thsm.

Eachof these supposed minor ities would pr operly r eply to

fior a defiued object ; we gave mouey and time for thefm'ther ancs of that objeot ; on allquestioms thencewe tacitly agreed to conform to the willcf the greatnnumber ; but we did not agr es to ccnform on any otherquestions. If you induco us to join you by pr otem

'

ng a

we we r e not appr iaed, you obtain our suppor t under false

plateau s ; yon ex ceed the ex pr esssd or uadcr stood compact .to whichwc committod our sslves ; and we ar s no looge rhound by your decisious.

” Clearly this is the only ratioual

intn pr etation of ths matter . The generalpr b ciplc underlyiug the r ight gove r ument of eve ry incor poratedhody, ia,that its member s ooatn ct witheachothsr severally to

mhmit to the willot the major ity m alln attm m

“ in se am .

‘I‘o this eatent onlycau the contr aethold.

q it ia imphed iu fln n q uatm of a conM Mthm sutsr ing into it must knowwhat they contracs to do ;aad as thoss who uaite withothma lur a speciiad objsct,

RAILWAY HORALS AND RAILWAY POLICY.

cannot contemplate all the unspecified objects which it ishypothetically possible for the union to unde rtake ; it

follows that the contract ente r ed into cannot extend to

such unspecified objects. And if there exists no expressedor unde r stood contr act between the union and its membersr especting unspecified objects, then for the major ity tocoe r ce the minor ity into unde r taking them,

is nothing lessthan gross tyr anny.

Now this almost self- evident pr inciple is wholly ignored,alike in our railway legislation and the proceedings of ourcompanies. Definite as is the pur pose with which the pr omote r s of a public enterpr ise combine, many othe r purposesnot dr eamed of at the outset ar e common ly added to it ; andthis, appar ently, without any suspicion that such a courseis unwar r an table , unless taken withthe unanimous consent

of the propr ie tor s. The unsuspecting shar eholde r whosigned the subscr iption contr act for a line fr om Gr eat

borough to Grandpor t, did so unde r the be lief that this linewould not on ly b e a public benefit but a good investment.He was familiar with the country. He had been at some

tr ouble to estimate the tr affic. And,fully believing thathe

knew whathe was embar king in,he put downhis name for

a lar ge amount. The line has been made ; a few year s ofpr osper ity have justifiedhis for esight ; when ,

at some fatal

specialmee ting, a project is put befor e him for a br anchfr om Littlehomestead to Stonyfield. The will of the boardand the intr igues of the inte r ested, ove rbear allopposition ;and in spite of the pr otests ofmany who like him see its

impo licy,he pr esentlyfinds himse lf involved in an undertaking which, whenhe joined the pr omote r s of the or iginalline ,he had not the r emotest conception would eve r be pr oposed. From year to year this pr oceeding is r epeated. H is

dividends dwindle andhis shar es go down and ev entuallythe conge r ies of enterpr ises to whichhe is committed, gr owsso vast that the fir st ente r pr ise of the se r ies becomes but

a small fr action of the whole . Yet it is in vir tue ofhis46

92 mu wu nou ns um u u wu rou cr .

mnsentwthisfin t of the ser ieg thst allthe rost m thrmtnponhim. He feels thst the r e is injustioe somewhm g bnt,believing in the unlimited r ight ofa m jor ity, tails to de toctit. He does uot see that when the fir st of thsss ex tensionswss pr oposcd, hc should have denied the pom ofhisbrother- shareholders to implicatehim in an underhking not

named in their deed ofincorpm tiou. He shouldhuve toldits pr oposer s thst theywer e per ieotlyfi'eo to form s sepnu ts

Company for the ex eoutiou of it ; but thst they oould not

r ightfully oompcldissentients to join in a new under b king,any mor e than they could r ightfullyhave compefled disssn

tients to join in the or iginal. Had sucha shar eholdorunited withother s tor the speoified purpose of a ch’

agrailways,he wou ld have had no gr ound for protest. But

he uniwd withothers for the speoified pu rpose ofm fiag uWhamm y. Yet suchis the confusiou of idu s on

betweeu these cases !It will donhfless be alleged in defence of sfl thig thut

these secondary enter prises ar e supplementar y to theon

'

ginalone—m in psr t nnder taken ior the fur thm os ol

be regsrded as sltogether separ ste ente rpr isss. And it is

tr ue that theyhave this for thsir ex cuse . But if it is s

suflioieut ox ouse for accessor ies of this kind, it m y bo

made s sufiicient ox cuso for sny scosssor ies whstsn r .

Already, Companies have carried the practics boyoud themaking ol br snches and ex tensions. Alr eady, undsr thoples ofhr ingmg trafilc to thehhnq theyhsve comtr octsd

docks ; bought lines of steam~

packets ; built vasthotels gdeepened rime -channe ls. Alr eady, thcyhavs m uted m ll

towns tor their workmen ; er sotcd ohur ohss and schooh;sslsr icd clsrgymen snd tcsohm Ar e thcn wsm utod on

tho gronnd of sdvanoing tho Cou punies’ intem tc ? Thenthousands olother under tnkings sr e sunihrly wnm ntcd.

H sm wthe dsvehpmm t d trafimjustifiu the m king

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94 w a n t nou ns m mu wu ren ew.

selling out. So might the dism tieuts from a new suue

enfor cedor eed be toldflhat if theydid notlfis it they a ightleave the coun try. The one r eply is little xnor e n tisfnctory

than the other wonld be . The opposing shur eholdor sees

which, as an or iginal sub scr iber , he rau some r isk iu

obtaining. This investment is nbout to be cadsngeeed byan sct not mmed in the deed of inoorpon tiou. Andhisprotests ar e met by saying, that ifhe fesr s the dsngsrhe

even this in uny fnir sense . It is often nn nnfiwour ablotime to sell. The very r umour of one of thess ex tem ious

fr equently causes a depreciatioa of stock. And ifmauy of

the mioor ity thm thsir sbsm oa the w kog this dopociation is greotly inm sed ; a fsct whiohfur thcr bindmthem fxom selling. So that esohis in a dilemm zhohute par t witha good investment st mnohless thsn iu u luo;

or to r nn the r isk ofhaving its vnlue gm tly diminishcd.

slm dy r eoognised in s vague wsy. “sm ooth- establishedStanding Order of the House of Lords, that befm'e u Con

votes of the ptopr ie tom shsllhe r eooid ed in its fnmur ,

clas rly implies a pe roeption that ths usualr ule of tbs

major ity does not opply.

Gt ester n Bailway Compm y om Buhwhthedecision thst the funds of the OOmpany could uot be used

legidsfin pemmmvolm the dootxins thst the a illoltho

oases,however , it ia takou fior granted thst a 8tste.warm t

Womust tske lesvs to qnostion this. If it bohcld thst snAct ot Pnrliameat can make mutder psoper , or cnn giu

rectitude to robbory ; it msy be consistentlyheld thst it

RAILWAY noun s sun RAILWAY r omcr . 95

can sanctify a br eachof contr act ; but not otherwise .Wear e not about to ente r upon the v exed qu estion of thestan dar d of r ight and wr ong and to inquir e whethe r it isthe fu nction of a gover nment to make r ules of conduct, orsimply to enfor ce r ules deducible fr om the laws of sociallife . We ar e conte nt, for the occasion, to adopt theex pediency- hypothesis ; and adopting it

,must yet contend

that, r ightly inte r pr eted, it giv es no countenance to thissu pposed powe r of a Gov e r nment to alte r the limits of

an equitable contract against the wishes of some of thecontr acting par ties. For , as unde r stood by its teache r sand their chief disciples, the doctr ine of e x pediency isnot a doctr ine implying that each par ticular act is to

b e de ter mined by the par ticular consequences that may

b e expected to flow fr om it ; b ut that the gene r al consequences of entir e classes of acts having been asce r tained

by induction from expe r ience , r u les shal l b e fr amed for ther egu lation of such classes of acts

,and each r ule shall be

unifom ly applied to ev e r y act coming unde r it. Our wholeadministration of justice pr oceeds on this pr inciple of

invariably enfor cing an or dained cou r se , r egar dless of

special r esu lts. We r e immediate consequences to b e con

side r ed, the ve r dict gained by the r ich cr editor against thepoor debtor would gene r ally b e r ev e r sed ; for the star vation

of the last is a much gr eate r ev il than the inconvenience of

the fir st. Most thefts ar ising fr om distr ess would go

unpun ished ; a lar ge propor tion of men’s wills wou ld be

cance lled ; many of the wealthy wou ld b e dispossessed of

their for tunes. But it is clear ly seen that we r e judges thusguided by pr oximate ev ils and benefits

,the u ltimate r esu lt

would be social confusion ; that what was immediate lyexpedient would b e ultimate ly inexpedien t ; and he nce theaim at r igor ous uniformity

,spite of incidental har dships.

Now, the binding natu r e of agr eements is one of the com

monestand most impor tant pr inciples of civ il law. A largepar t of the causes daily hear d in our cour ts, involve the

96 nauwu mean s w e m s! r owe r .

qwestion, whcther in vir tue of soms ax pr essed or nnder stood

con tract, some cf those conce rned m , or ar e not, bound to

ce rtain acts or oe r taiu payments. And when ithas bceadecided what the contract implies, the matte r is settled.

The contract itse lf is he ld sacr ed. This sscr ednces of acontract be ing, according to the ex pediency

ohypothesis,justified by the ex pe r ience of allnations in alltimes that itis gener ally beneficiahit is aot competent for ah-

gislatur o

tc declar e that contr acts ar e violahle . Assuming thst thecontracts ar e themselves equitable, there is no rationalsystem of ethios whichwar rants the alter ation or dissolvingof them,

save by the consent of allcoucer ned. If then itbe ahown, as we think ithas been shown, that the ccntract

tacitly entered into by railway shareholder s with eachother ,has definite limits ; it is the function of the Govu n

lt cannot

decline to enfor ce them without running counter , not

only to all theories of moralobligation, but to its m

Re turning, now, to the manifold evils of whichthe causem asked ; it only r emains to poiut ou tfiiat, wcr e tbe jnstconstr uctiohof the propr ietsry contract insisted uponfl uchevils wou ld, in great part, be excluded. The variousillicit influences by which Companies ar e daily betragsd

into disastmus ex tmsiona would nooon ar ily be inopen tin

When suchextensions had to be undertaken by inde

pendenthodics of shar eholdm withno cne to gum nten

tha n good dividsads, those who are locally snd probsioaally intor eoted wouldfind it a leu easy matte r than at

pn m t to aggrandise themeelves at the ex pem e of othm

And ncw as tc the policy cf thus modifying n ilway

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98 m ar nou ns m w as rumor .

retur n for specified cadr antagea conceded this fisaict toits rival. Notwithstanding this agreement, the SouthWeste r n, in 1847, prcjeoted an ex tension oalcnlated to

take most of the M cfiom the Gr catWestex-n cx teu ions;

and in 1848, Parliament, though ithad virtnally snggoated

had alr eady spent a million and ahalf in par t ex ecntion

of the new hnm author iz ed the SonthWestsr n pr ojoot.pended their works ; the South Western Company wer e

the distficthas r emained fcr year s unaccommodated ; and

only since the pcwer s granted to the SoothWesternhaveexpired fiom delay,has the GreatWeste r n recommencadits long- suspended under takiugs.

And if this undue multiplication of supplementar y lineahas often dir ectly deor eased the facilities ofcommunication ,

stillmor e has it done this indimctly, by maintaining thecost of tmvelling on the main linea. Little as the puhlioar e conscious of the factfl t is never theleu tr ua that theypay for the acccmmodsticm of unr emunerativs distriots,

less branchm aking comumnced, 8 and 9 per cent. war e

the div idends r e turned by cnr ohief railwaya ; and thesedividends wm rapidly incr easing. The max imcm dividw dallowod by thsir Acts is IOpu - ceht. Had ther e not bean

M od many year a since ; and in the abaence of thopower to under take new wor ks, the faot that ithad beenr eached could nothave been hidden. Lower rntes for

withtho aid af thc natnr al incr ease fihsrwin going on,

the max imum wonld shofl ly again have been r oanhed.There can aoaroely be a dcubt that mpetitions of this

mums! loan s m m wu r ower . 99

fr eights on our main lines by at least one - third. Thisr eduction, b e it r emembered , wou ld have affecte d thoser ailways which subse r ve comme rcial and social inte r cou r sein the gr eatest degr ee—would, the r efore , have applied tothe most important part of the tr affic throughout thekingdom . As it is, howeve r , this greater pr opor tion of

the tr affichas been heavily taxed for the benefit of thesmaller pr opor tion. That the tens who travel on br anchesmight hav e railway communication, the hundr eds whotr ave l along main lines have been charged 30, or 40pe rcent. ex tra. Nay, wor se that these few might be aecom

modated, the many who would have been brought on to

the main lines by lowe r far es have gone unaccommodated.

Is it then so clear that unde r takings which have beendisastrous to shar eholder s hav e yet been beneficial tothe public ?But it is not only in gr eater cost of transit that the ev ilhas be en fe lt ; ithas been felt also in diminished safety.

The mu ltiplication of r ailway accidents, which has of lateyear s dr awn so much attention,has been in no inconside r

able degr ee caused by the extension policy. The r e lationis not obvious ; and wehad our se lves no conception thatsuch a re lation existed, until the facts illustr ative of it

we r e furnished to us by a dir ector whohad witnessed thewhole process of causation .When pr efe r ence - shar e dividends and guar antees began to make lar ge draughts upon

half- year ly r etur ns— when or iginal stock was gr eatly depr eciated, and the dividends upon it fell fr om 9 and 8 pe r

cent. to 4} and 4 and gr eat dissatisfaction necessar ilyarose among shareholde r s. Ther e we r e stormy meetings,

motions of censu r e, and committees of investigation.

Re tr enchment was the gene r al cr y ; and r etr e nchmentwas car r ied to a most impr udent extent. Dir ector s withan indignant pr opr ietary to face , and unde r the fear thatthe ir next dividend wou ld be no gr eate r , pe r haps less, thanthe last, dar ed not to lay out money for the needful r epair s.

100 aamn r t oasts ass em u r ower .

Permanent wayu opor ted to them as r equir ing to be n

placed, was made to ser ve awhile longer . Gld rolling

stock was not supe r eeded by ncw to the proper ex tent ;

nor incr eased in propor tion to the dcmand. Committees,appointed to ex amine whm the cx penditur e could be cut

down, went round discharging a por ter here , dispensingwitha cle rk the r e , and diminishing the salaries of theomcials in ge ner al. To sucha lengthwas thia policycar r ied, that in one case, to efiect a saving of £1 900

par annum,the workiog stafi' wss so cr ippled as to causs.

in the conm of a fcw ym a lou of prohahly llOOM :

such, at least, is the opinion of the gentleman on whoaeauthority we make this statement, who washimself one

of the r etr enchment committee.What, ncw,was the

necessary r esult ofallthislWiththe line out of condition ;nor in the best working order ; with dr iv ers, guards,porters, cle rks, aud the r est decr eased to the smallest

numbe r withwhichit was possible to work ; withinexpe r icnced umnagur s in plsoe of the ex pe r ie nced ones

dr iven away by reduced salaries ; whatwas likaly to occur lWas it nct cer tain that an appar atus of mcans justcompetent to dealwiththe cr dinaq tr alfia would be

incompetent to deal with extr aordinary tr afilc l that adecimated body of oficials under infer icr u gulation, ww ld

fillin the emergencies sur e from timc to time to oocnr l

that withway and works aud mlling stock allbelow par ,the r e would oooasionally be a ooncmr ence cf smalldefects,permitting something to go wr onglWas not a mnlti

plication of accidents inevitable ? No oue cau doubt it.

And ifwe trace back this r eault step by atep to its or iginal

has beeu as advantageous to the puhh'c as'

a suppoeed.We ahallhesitate to indou e the opinion of ths Selcct

Committee on Railway and CanalBills, that it is do

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101 u mu r mu m u rn am en roucr .

employed, is the measur e . Money whioh, if ueed for a

certain end,gives a smaller return than it would give it

othe rwiee used, is need disadr antogeonsly, not only to

ite poeseesor e, b ut to thc community. Thie io a oorollsry

from the commonest pr inciples of political e conomy— o

so obvious that we can m mely under standhow,

after the free - trade contr over sy, a committee, number ingamong its member s Mn Bright naad Mr . Cardwell, shouldhav e overlooked it. Hm we not been long ogo tonght,that in the mer cantile world cspitalgoes whm it is most

wanted— that the businoes whichis at any time attu otingr apitalby unusuallyhighr etur ng is a bnuim pr oved

by that ve r y fact to be unususlly actiwe— thst its unumsl

activity ehows eociety to be msking greut demands upou

it ; giving it high pr ofits ; .wanting its commodities orser vices mor e than other oommodities or ser vices ? Do

thoee paying large dividends ar e thoee snb ser ving thopublic needs in a gr eater degr ee thsn thoee paying smsll

dividendsl and is it not obvioas that the ofiorhof

capitalisto to get thcee lsrge dir idends lod thcm to sspplythe greoter neede before the lceser ueods ? Surely, tho

likewise between railway investmm to and other investments. If the money epent in makinghm ches und

teedeu is yielding an ar er x ge mtur n otfi'

om lto fl per

cent ; while ii employed in land~dr uining or ohip- building,it wonld r etur u t or b per cent ; it is a couciusin

proot thatmonoy ie more wanted t'

or hnd- dn ining and

conclusion- to be dmwn ar e, that thnt lar go pwportion of

railwsy eapitalwhichdoeo not poy tho cn r ront rato ot

inm ie csmtolillhid ont ; that i£ the rotnm 0n luchpropor tion wer e oupihlised st the our runt n te of inmtho m ulting sum would ropr eu nt ite reoln loo ; and thut

RAILWAY nou ns um w rwu r omcr . 103

the difie r ence between this sum and the amount expended,would indicate the national loss— a loss which

, on the lowestestimate , would exceed And howeve r tr u e

it may be that the sum inv ested in unpr ofitable lineswill goon incr easing in productiveness ; yet as

,if mor e wise ly

invested, it would similar ly have gone on incr easing in

pr oductiveness, per haps ev en at a gr eate r rate,this vast

loss must be r egar ded as a pe rmanent and not as a tem

por ar y one .

Again then, we ask, is it so obvious that undertakingswhich have been disastr ous to shar eholder s have be enadvantageous to the public ? Is it not obvious, r athe r

,

that, in this respect, as in othe r s, the inter ests of

shar eholde r s and the public ar e in the end identical ?And does it not seem that instead of r ecommendingincr eased facilities for obtaining lines of local cou

v enience ,”the Se lect Committee might pr ope r ly have

r epor ted that the existing facilities ar e abnormally gr eat,

and should be decr eased ?The r e remains still to be conside r ed the othe r of the two

objections above stated as liable to b e r aised again st thepr oposed inte r pr etation of the pr opr ietar y contr act— theobjection , name ly

,that it wou ld b e a se r ious hindr ance to

r ailway enter pr ise . Afte r whathas alr eady been said, it isscar ce ly needfu l to r eply, that the hindr ance wou ld b e no

gr eate r than is natur al and healthful— no gr eater than isr equisite to hold in check the pr ivate in te r ests at var iance

with public ones. This notion that r ailway ente r pr ise willnot go on with due activity without ar tificial incentiv esthat bills for local extensions r ather need encour agement,as the Committee say, is nothing but a r emnant of pr oteotionism. The motiv e whichhas hithe r toled to the formationof all independent r ailway companies — the sear ch of

capitalists for good investments— may safely be left to formother s as fast as local r equirements become gr eat enough to

pr omise fair retura fast,that is, as local r equirements

104 am wat scan s w e knew“ tenor .

should be satisfied. Thie would be msnifest euoughwifiontillustration ; but ther e ar e facts pr oving it.Alreadywe have incidentally r efer r od to the circumstanco,

that ithas oflate become common for- landowners,merchants,end othe rslocally inter ested, to get up railways fcr their ownaccommodation , which they (10 t topay satisfactcry

dividends ; and in whichthoy ar e yet conte nt to invest

considerable sums, under the belief that tho indir ect prontsaccr uing tc thcm from increased facilities of tr afllc, willontp

balance the dir ect loss. To so gmot an ex tent is this policybeing car ried that ae stated to the Select Committe e, “ inYorkshir e and Northumberland, where branch lines ar e

be ing made through mer o sgr icultursldistricts. the landowner s ar e gioing thcir laad for the purposc, und tskingshares.

”Widnm he x amples befom ug it cannot rationaflyb e doubted that the re willslways be capitalforthcoming formaking localliaes as soon as the sum of the calcnlated

benefits, direct and indirect, justifies its expenditure .

“ But,”it will be ur ged , “

a branch that wou ld beun r emunerative ae an independent propor ty, is oftou remunerative to the oompany whiohhe made it in vir tne olthctrafic it b rings to the b aak line . Thoughyielding meogrer etur ns on ite own capital, yet, by incr eu ing the r otur us on

bidden tc ex te nd its under taking, eucha bmnchwould not

be tnade ; and injury would r esnlt.” “his dlm vr iththc ex ception of the last m er tiou, that mha b ranchwould not be mado. Thoughin ite corpcrato copocity thecompsny owuing the tr unkline would bc unahlc tom cute

a work of thhmm fim would be nothing to pn n nt

indir idual shsr eholder s in thc tr unk line from unitingto m cute it ; and we re the prospochu fsarour x ble u is

individud shu oholdm wonld be pur ened by msoy of

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100 m u sou ls ar e n its " r umor .

ex pensc ;”

an e . 8tephenson belie r es that this eum is“a ver y inadequate r epr eeentative of the octual tcse in

conuwted withtr afl o, which the publichas sustained byr esecn of ps rlim entary carelesm ess in legislatiug fcr r u

'

l

contr act the gr eater port oi this wouldhave been avoidod.

and br anch- making, whichhas slr eady doue vast injury,end the efiecte ofwhich, if not stopped, will, in the opinionoe . Stephenscn, be euchthat “ pr ope r ty now psying 5}

per cent willin ten year s be wor thonly s per cent..snd

could nev er havc m d in its intenee and deleteriousform nnder the limiting pr inciple we adr oéate.

have obtained powers for 2000 miles of railway whichtheyhave never made . The milfions tlrue equx nde red in

su r veye and ps rliamentsry conteste— “focd for lswyer e and

engineers — wonld nearly allhar e been savcd,had eacheupplementary line been obtoinable cnly by an independent

body of pmpmietor e withno one tc shield them fr cm the

It ie odmitted thst thohn ochee ond feedeu eonstmcted

from ccmpe titive motiveehar e not been laid out in the beetdir ectione for the pnhlic. To defeat or retaliste upon,

opponeute ,hoving bcen one of the ende—often the chiefend—in making them, routeshsve been choeen eepeciellycalculated to cdbct thie end ; end the lcceltnfichee inconsequenceheen illpmvided for . Had theee brmchce endfa dem however , heen lel\ to the enteupr iee of theirrespective distr icte, aidedhy enchother enterpfiee ae theym ld oM the m e r ee wonldhsve been the fw t ; eeefiigtht on the am m in thm m fler u m u tn the gm ter

be the routo most pmfitoble to pmjecton .Were the illegitimate cmnpofitiou inWarden -making

RAILWAY noRALS AND RAILWAY POLICYdone away, the r e would r emain between companies justthat normal competition which is advantageous to all. It

is not tr ue, as is alleged, that ther e cannot exist betweenr ailways a competition analogous to that which existsbetween trade r s. The ev idence of M r . Saunde r s

, thesecr etary of the Gr eatWeste r n Company, pr oves thecontr ary. H e shows that whe r e the Gr eatWester n and theNor thWeste r n r ailways communicate with the same towns

,

as at Birmingham and Oxfor d, eachhas tacitly adopted thefar e which the othe r was char ging ; and that while the r e isthus no competition in far es, the r e is competition in spe edand accommodation . The r esu lts ar e, that each takes thatpor tion of the tr amo which, in vir tue of its position and

local cir cumstances,natur ally falls to its shar e ; that each

stimulates the other to give the gr eatest advantages it can

afior d and that each ke eps the othe r in or de r by thr eatening to take away its natu r al shar e of the tr affic if

,by

ill- behaviour or ineficiency, it counter balances the specialadvan tages it ofi'e r s. Now

,this is just the form which

compe tition eventually assumes between tr ade r s. Afte r ithas been asce r tain ed by underse lling what is the lowestremun e r ativ e pr ice at which any commodity can b e sold

,

the gene r al r esults ar e, that that becomes the establishedpr ice that each tr ade r is content to supply those on ly who

,

fr om pr oximity or othe r causes, natur ally come tohim and

that only whenhe tr eatshis customer s ill, needhe fear thatthey will inconvenience themse lves by going e lsewhe r e fortheir goods.

Is the r e not, then, pr essing need for an amendment of

the laws affecting the pr opr ietary contr act— an amendmen t

which shall tr ansform it fr om an un limited into a limitedcontract ; or r athe r —not tr ansform it into such, bu t r erogniz eit as such ? If the r e be tr u th in our ar gument

,the absence

of any limitation has be en the chief cause of the manifoldevils of our r ailway administr ation . The shar e - tr afficking

108 muwn norms w e m ay w ar .

ofdirectors; the complicated intr igues of lawyers, engineers,contractors, and others ; the betrayal of pr opr ietar iee— allthe complicated corruptions which we have detaile d, haveprimarily arisen fr om it, have been made possible by it.It has rendered travelling more costly and less safe than itwould have be en ; and while apparently facilitating trafic,has indirectly hindered it. By fostering antagonism, ithasled to the ill laying- out of supplementary line" to thewasting of enormous sums in useleesparliamentary ccutcste ;

to the loss of an almost incr edible amount of national

capital in the making of railways for which there is no duerequirement. Regarded in the mass, the investments of

shareholders have been reduced by it to less than half theaverage productiveness which such investments shouldpossess ; and, as all authorities admit, railway pr operty is,even now, kept below its r eal value , by the fear of futuredepreciations consequenton futur e ex tensions. Considm ng,

then, thc vastnesa of the inte r esta at etakc- conside ringthat the total capital of onr compauiea willsoon r eachL300,000,000— considering, on the one hand, the immensennmber of per sons owning thie cspitel(many cf them withno incomeshnt what are der ir ed fr om it), and, cn the ctherhand, the great cx tent tc whichthe community ia concerned,bothdirectly as to ite commer cialfacilities, and indirectlyas to the eoonomy of its m ourcev —ccnsider ing allthis,“be pleced on a aecure footing, and n ilway enterpr iae

alike fcr the welfare of shar eholder- and the public. Nocher ge of over -legialaticn can be br ought against it. It iasimply au ex tenaion to joint- stockccntr acta, of the puindpleapplied to alletha nontracta; it is me r ely a fulfilmm t ofthe State‘a judici-lfaaction in cam hithmto neglocted ; it

is octhing but a bctter adminiatr ation of justice.

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1 10 m m som e sun w twsr rower .

tion cf the mode of car rying on r silv ayt r sfic is that

incomprehensib le statement ; b ut those who remember- how

what I mean.

Novel schemes ar e always more or less shaped by oldhabits . At the time when the fir st r ailways we r e authorised,the ex per ieuce meuhad of coach- travelling euhighr cads,afiected in var icusways thc stmctur es of the ucw spplisnces

sud the uatur es of the uew ar rangemeuts. The railwsy

gsuge was dete rmined by the widthbetwoen the whecls ofappear like the centralparts of thre e stsge

-coachcs joined

words “Tr ia j uad a irt uno.

” The inside ofthe fir st- clnsscar riagc wss fitted up to re semhle the inside of s stngo

coach ; and the original second- class car riage , havinghar e wooden sests ove r which, on ver ticaliron rods, was

suppor ted a roof sllowing the wind snd rain to blov

throughfrom side to side,was so desigued cs tohe m rcclymore comfor table thsn the outside of s cosch. Per sonaeyear s the gusrdhad a seat on thc orfisidmst the eud of s

car r iaga ss on s coach; and for many yeara the luggage,m n dwithts

rpaulimwas placcd on the roofs of car r is

gss,

fl m whm pu scugme sutsr sd the ir nsmes to secur c

ideas extended to ths ce ntemplsted arrangements forworking. Men thought thst trufic ou rsilwsys might bccsr r isd on s itcr thc ssmo msnner ss trsfi‘w cn high roads.Igm m umgd thst cnhucs of r silg whm thc passing of

q stcm pur cuod mighthc likc that in use cnhighrcsds,

RAlLWAY HORALB AND EAILWAY POLICY.

wher e vehicles can pass and r e - pass in any dir ection and joinor leav e the str eam at will. Does the r eade r ask pr oof ofthis The proof lies in the fact, we ll - known to those whowe r e adu lt in the ear ly days of r ailways, that in the oficeor waiting- r oom of eve r y r ailway - station was fixed up a

table of tolls,like thatwhich wasfixed upat ev e ry toll - gate

bu t in this case specifying the r ate char geable per mile forallthings car r ied— passenge r s, horses, cattle , goods, &c .

This table of to lls implied that it was within the powerof othe r s besides the company to r un vehicles on thecompany

’s line, and pay them at such and such rates for the

pr ivilege of doing ao— a pr ivilege which, so far as I know,

was neve r made use of, for the sufficient r eason that itwould hav e been impossible to car ry on business amid theconfusion which wou ld have r esu lted.

But while this ar r angement, in the form implied, wou ldhav e been impr acticable , it for eshadows an ar rangementwhich would have be en pr acticable ; and one which wou ldhave grown uphad each r ailway company be en limited tothe unde r taking specified in its deed of incor por ation .

Afte r expe r ience of inefficien t cc- ope r ation,when so many

independent bodies owning branches and extensionshad toadjust their tr ain se r v ices,&c ., ther e wou ld, in allpr obability

,

have be en formed what we may call r unn ing- companiesor tr afic- companies, separ ate fr om the or iginal r ailwaycompanies. Eachone of these wou ld hav e pr oposed to

the companies owning the var ious main lines, extensions, andbr anches

,within some lar ge distr ict conveniently delimited,

to under take the wor king of their var iou s lines : e ithe rtaking them seve rally on lease, or agr eeing to giv e a

specified shar e of the net r e tu r ns annually r eceiv ed, or

agr ee ing to pay ce r tain tolls for passenge r s and goods.

Unde r such an ar r angement the or iginal companies, standing in the position of landlor ds

,would have had for

their chief business to keep the embankmen ts, cuttings,

br idges, permanent way, stations, &c., in working

1 12 u mwar som e sun w twu rower .

order ; while the running- companies, standing in theposition of tenants, but owning the rolling- stock, wouldhave had for the ir business to conduct the passenger andgoods trafiic throughout the whole area, with power toarrange the workings of the various subdivisions of thesystem in a harmonious manner. Clearly, if there is anadvantage in division of labour in other case s, therewould have b een au advantsge in this case . The fix edworks constituting each of these inter- connected railwayswouldhave been kept in more perfect repair , had preservation of them been the ex clu sive business of the companiesowning them ; while the running- companies, with nothingto attend to beyond the keeping in order of the ir rollingstock and the manageme nt of train - services he . would

A further reason for behaving that bette r results wouldhave been schieved thsn ar e now achieved, is that under suchcircumstances the r e would have been no sbaorption of

directo rs’ time in carrying on railway- wars and getting new

sets of parliamenH business which. under the existingsystem,has chiefly occupied the attention of boards.The enfor cement of equitable arrangemen ts is oftenfraught with unanticipated benefits ; and ther e seems

r eason to think that unanticipated benefiu would havem alted in this case also.

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1 14 m womu or r u nr .

many of them established as “customs of the trade ;” nay,

not only established, b ut detended.

whose de linquenciesmostpeople know something,let us turnour attention to the de linquencies of the classes above themin the mercantile scale .

The basinesscfwholesalehouses— in the clothing tr ades atleast— is chieflymanaged by a clm ofmen called “buyer s.

”

departments ; and at thehead of eachdepartment is placedon e of these functionaries. A buyer is a par tially- independe nt sub- trader. At the beginning of the year he isdebited witha ce r tain shar e of the capitalofhis sniployer a.Wththis capitalhe m Fr om tbe makemhe m'der s tcr

his depar tment suchgoods ashe thinks willfind a marlret ;aud for the goods thus boughthe obtains as large a u le u

he can among the r etaile r s ot'his cennemien. The accounts

shcw at the end ofthe year whatpmofithu beeu made on thempitalover whichhehu wmm nd gw d acccrding to ther esult,his engngement is continued—perhape atan iucr cu ed

salary—o rhe ia dischar ged.

Under such circumstances, bribery would hardly beexpected. Yet we learmon unquestionable author ityfihatbuyer ehabitually br ibe and ar e bribed. Giving present ,

between them and allwithwhom they have dealings.

and favours ; and they u e themselvee influeueed in theirpurchases by like means. It migbt be pr esnmed that eelfinterest would in bothcases negative this. But apparently,no ve ry ohvious n cr ifice r eeulta fr om yielding to mchinfluences.When, u usuallyhappens,the r em manymauu

facturer s pmduciug ar ticles of lilee goodness at the same

whose terms thm is little room tor choice , ther e ex ista no

r e s new or r u ns. 1 15

motiva to pu r chase cf one rather than another ; and then thetemptation to take some immediate bonus turns the scale.Whate ve r be the cause,howw er , the fact is testified to usalike in London and the pr ov inces. By manufacturers,buyers ar e sumptuously ente r tained for days to gether, andsr e plied throughout the year with hampers ofgame, tu r keys,demons of wine, etc. nay, they receive actual money- bribesmmefimemu wehear from a manufactur e rfin the shape ofbank - notes, butmore commonly in the shape ofdiscoun ts onthe amounts of their purchases. The extr eme prevalenceuniversality we might say—o f this system

,is proved by the

e vidence of one who, disguste d ashe is,findshimse lf ine xtr icably entangled in it. H e confessed tone that allhistransactions were thus ta inted .

“Each of the buyers withwhom I deal,”he said, “ expects an occasional bonus in one

form or other . Some require the bribe to be wrapped up;

and some take it withou t disguise . To an ofier of money,this one r eplie s 011, I don

’t like that sort of thing,’ but

nevertheless, does not object to money’s- worth ; while my

friend Se—and- ao, who promises to br ing me a large tradethis season, will. I very wellknow, look for one pe r cent.

discount in cash . The thing is not to be avoided. I could

name sundry buyers who look askauce at me , and neve rwill inspect my goods ; and I have no doubt about thecause— lhave not bought their patronage . And then our

informant appealed to another of the trade, who agre ed inthe assertion that in London their business could not be doneon any othe r terms. 80 greedy do some of these buyersbm mmthat their per quisites absor b a great par t of theprofits, and make it a question whether it is worth while tocontinue the dealing with them . Next, as above hinted,there comes a like histor y of transactions between buyersand retaile r s—the br ibed being new the br ibers. One ofthose above referred to as habitually expecting douceu r s,said to the giver of them, whose testimony we have justrepeated “I

’v e spent pounds and pounds ove r

1 16 m nou ns or r ams.

(naming a large tailor ), and now I think Ihsve gainedhimover.” To which confession this buye r added the complaint,thathis house did not make him any allowance for su n

thus disbursed.

Under the buyer, who has absolute control ofhis own

department in a wholesale house , come sundry assistants,who wansact the budnm withr etafl tradm ; muchas retail

public. These higher-class assistants, working under the

Mable to pmmpt dismissalu they am for faflum in u fling ;

gaininghigher positions as they do in propor tion to thequantities ofgoods they dispoee of at pr ofitable rates ; andfinding that no objections are made to any dishonest ar tificesthey use , but rather that they ar e applsuded fcr them ; theseyoung men display a ecar cely cr edible demoralisation.

o

As

ws lear u fr om those whohave been of them, their duplicityis unceasiug

—they speak almost continuous faleebood ; and

their tr icks r ange from the simplest to themostMachisvelliau.Take a few samples.When dealiugwitha retailer , it is au

habitualprsctice to bear in mind the character cfhis businoes ; and to deludehim respecting ar ticles of whichhehsshast ex per ience . Ifhis shop is in a neighbour bood wherethe sales ar e chiefly ot infer ior goods (a fact aecer tained fr omthe travelle r), it is inferred that, having a comparative lysmalldemand for supe r ior goodahe is a bad judge of them ;

and advautage is takeu ofhis ignoranoe . Again, it is usualsuch

order as to disqualify the perceptions. As, when tastingdifferent foods or wines, the palate is disabled by some thingstronglyflavom ed,fr omappr ecisting themor e delieate flavourof another thingafterwards taksu ; sowiththe other organsof sense , a tempor ary disability iollows au cx eessir e stimuls

tion. This boldsnot culywiththe eyes in judging cfcolour s.but d sa u we ar e told by oue whohas been in the tu da,“holds withthe finger s in judging of tex tur es ; and cuanlug

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1 18 ma nom or r aaos.

for . And the unscr upulous mendacity thus r equired byemployers, and encouraged by example , grows to a heightof depr avity thathas been described to ns in words toostrong to be r epeated. Our informant was obliged to

relinquish his position in one ofthe se establishmm bmccauaehe could notlowerhimself to the r equir ed depthofdegradation. You don

’tlie as though you believe what you say,

”

observ ed one ofhis fellow- assistants. And this was utter edas a r eproachlAs those subordinates who have fewe st qualms of

conscience ar e those who sucoeed the best, ar e soonest

the gr eatest chances of establishing businesses of theirown ; it may be infer r ed that the morality of thsheads of

these establishments, is muchon e par withthat ot thu'

remployer . The habitual malpractices of wholesalehonsss,coufirm this infer ence . Not only, as wehave just sesn,

are assistants under a pr essnr e impelling them to deoeive

purchaser s respecting the qualities of the goods they buy,but pur chase r s ar e also deceir ed in r espect to the qusntitieqan or ganised system, for whichthefirm itself is r espoM ble.

The general pn cfioe is mmahe upgooda or tohave thcmmade up, iu lengths that ar e ahor ter than they pr ofeas tobe. A pieoe of calioo nominally thir tyvsix yards long,

stood throughout the tr ade to measme only so much. And

the long- accumulating de linquencies which this custom

tr oduced by some adept in diahouesty, and theu imitatsdhy his competitora

—ar e now being daily can ‘ied to a

stillgr eater ex tent, whem er they ar e uot lib ely to bs

bundles, knots, packeta, or auchforms as negafivemeasummeut at tha time of sdt abitually daflcisns

in quautity. Silk-hou n fled aix quar tsm w fl ty- tour

r un noun s or r u ns. 119

inches, r eally measur e fou r quarters, or thir ty- six inches.Tapes we r e or iginally sold in grosses containing twe lveknots of twe lv e yar ds each ; bu t these twe lv e - yar d - knotsar e now out of alllengths, fr om eight yards down to fiveyar ds, and ev en less— the usual length being six yar ds.

That is to say, the 144 yar ds which the gr oss once con

tained,has now in some cases dwindled down to 60yar ds.

In widths, as we ll as in lengths, this deception is pr actised.

Fr ench cotton - br aid,for instance (Fr ench on ly in name), is

made of diffe r ent widths ; which ar e r espectiv e ly marked5,7,9, 1 1, etc. : each figu r e indicating the n umbe r of

thr eads of cotton which the width in cludes,or r ather

shou ld include, but doe s not. For those which should b emar ked 5 ar e mar ked 7 ; and those which should b e

mar ked 7 ar e mar ked 9 : out of thr ee samples fr om

difie r ent houses shown to us by ou r informant, only one

contained the alleged numbe r of thr eads. Fr inge , again,which is sold wr apped on car d, will often b e found twoinches wide at the end exposed to view

,b ut will diminish

to one inch at the end next the car d or pe r haps the fir sttw enty yards will b e good, and allthe r est, hidden unde rit, willbe bad . These fr auds ar e committed unblushingly,and as a matte r of business. We hav e ou rse lv es r ead inan agent’s or de r - book

,the details of an or de r , specifying

the actual lengths of which the ar ticles were to b e cut, and

the much gr eate r lengths to b e mar ked on the labe ls. And

we have been told by a manufactur er who was r equir ed tomake up tapes into lengths offifteen yar ds, and labe l themwar r anted 18 yar ds,

”that when he did not label them

false ly,his goods we r e sent back tohim ; and that thegr eate st concessionhe cou ld obtain was to be allowed tosend them without labe ls.

It is not to b e supposed that in their dealings withmanufactu r e r s, these wholesale -houses adopt a

'

code of

mor als differ ing much fr om that which regulates theirdealings withr etaile r s. The facts pr ove it to be much the

120 m m au os m ns.

same, A buyer for instance (who ex clusively coudnchthepur chases of a whole sale - house fr om manufactur ers) willnot unfrequen tly take from a fir st- class maker, a smallsupply of some new fabric, on the pattern of whichmuchtime and money have been spent ; and this nev atter u

fabriche will put into the hands of another maker, to havecopied in large quantities. Some buyers, again, give the irorde rs orally, that they may have the opportunity of

afterwards repudiating them if they wish ; and in a casenarrated to us, where a manufacturer who had be en thusde luded, wished on a subsequent occasion to guaranteehimse lf by obtaining the buyer’s signature tohis order, bewas refused it. For other unjust acts of wholesale -houses,the heads of these establishments ar e, we presume, na

sponsible . Small manufacturers working with insuficientcapital,and in times of depression nothaving tbe wherewithto meet their engagements, ar e often obliged to becomedependants on the wholesale - houses with which they dealand ar e then crue lly taken advantage of. One whohasthus committed himself, has either to se ll his accumulated

its value— or else to mor tgage it ; and when the wholesale .

househecomes the mor tgagee, the manufactur erhas littlechance of escape . He is obliged to wor k at the wholesaledealer 's te rms ; and r uin almost cer tainly follows. This isespecially the case in the silk- hosiery business. As wassaid to us by one of the large r silk- hosiers

,who had

watched tho destr uctiou of many ofhis amaller br ethr en“They may be spar ed for a time as a cat spar es a mouse ;but they are sur e to be eaten up iu the eud.

”Aud we can

the more readily credit this statement from having foundthat a like policy is pursued by some provincial cu r rie r s intheir dealings withamallahoe - maker s ; and also by b0pmerchants and maltsters in their dealings with smallpublicans.We read that in Bindostan the ryota, whenm ps fan ahorg bor row fx'om ths Jews to buy aecd 3 aud

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122 ma mm a or m ns.

in place cf sugar . Iu the quality of the '

sugmhs isdeluded by the practice of givinghim a aample fr em thcbest part cf thehogahead. Dur i11g its voyage fr omJamaica

cr eb ewbem the contents of ahogshead uudeigo a alcw

drainage . The molames, of whichmor e or leaa is alwaya

pr eu ut filter s fr om the uppermost par t of thc msss of

sugar to the lowermost par t ; and tbis lowe rmcst par t,technicdly known u the “ foots,

” is ofdarhe r colour aud

smaller value . The qusntity of it contained in ahogabeadvar iea glcatly ; and thc r etailer , r eceiving aa false sample,

hhcost, often under ~estimstes it. As willbe seenfi-on thefollowing letter , copied fr om tbe Pabtic Ledger for the

wehave r epr esented theiu, ar e now e x citiug an agimticn.

“TOWM GM QIWM M KWuw w mm mmm a m hm am

M ths ravisiun ot taru on all rawm M m ths n fl oltlu

M ayuem tehs graafly cn tbs inaaaas.We n tmit a eaas aaandar .

aad cnly oae cut cltwenty. Ou ths JOthAuM M ws

M MM M I}!

Bs Tana.

cwt qm lb lb. Bo. cwt qra lb.

1 7 . . 1 3 fl

i . . 1 0 21

a s soWa s o°

o o

a. fin d.

0 I as s es - s 1 !

“Wamaks a elaim tcr a la u gws are told tym whel- ala p seasM iam redn as.

“M hmcthn wfl whiehths m nm hshm w fimu

Wtfim fim hm aw d t m dhu h“ ; “haveturnsd cd esms witb wewts whiehm at least ta n m lsm valasu

u npla afl in tbesa eaass we m told againfises lsn m“m m m M M d mhmm

m s loan s or r ams. 123

and willbr inghundredsmor e unless ths trade take it up.and we implore

We are, Gentleman, your obedient ser vants,Wann a and Brm s.‘

Birmingham.October 19,

A mor e subtle method of imposition r emains to be added.

It is the practice of sugar - r efine r s to put moist, cr ushedsugar into dr ied casks. Du ring the time that elapses befor eone of these casks is opened by the r etailer , the de siccatedwoodhas taken up the excess of wate r fr om the sugar ;which is thus brought again into good condition . Whenthe r e tailer ,finding that the cask weighs much more than

allowed as tare by the wholesale deale r , complains to

him of this excess, the reply is Send it up to us, and we

willdr y it and weigh it, as is the custom of the trade .

”

Without further detailing these malpractices, of whichthe abov e examples ar e pe rhaps the wor st

,we will adver t

on ly to one othe r point in the tr ansactions of these largehouse s— the drawing- up of tr ade - cir cular s. It is thehabitof many wholesale deale r s to send r ound to their custome r s,

pe r iodic accounts of the past tr ansactions, pr esent condition,and prospects of the mar kets. Ser ving as checks on eachothe r , as they do, these documents ar e pr ev ented fr om

swe r ving very wide ly from the tr uth. But it is scar cely tob e expected that they shou ld b e quite honest. Those whoissue them,

being in most cases inte r ested in the pr ices ofthe commodities refe r r ed to in their cir cular s

, ar e swayedby their inter ests in the r epr esentations they make r especting the probabilities of the futur e . Far - seeing r etaile rs ar eon their guar d again st this. A lar ge pro

'

vincialgr oce r,

who thor oughly understandshis business, said to as As

a rule, I throw tr ade - cir cu lar s on thefir e .

”And that this

estimate of their tr ustworthiness is not unwar ranted, we

gather fr om the expr essions of those engaged in othe rbusinesses. From two leather - dealers, one in the countryand one in London, we have hear d the same complaint

The abuses descr ibed in this letterhave now,we believe, been abolished.

124 m m or r u nr .

against the cir cnlar s publishedhyhouses in their trads,that they ar e misleading. Not that they stste untruths ;but that they produce false impressions by leaving out

facts which they should have stated.

In iflustn ting tho momhty of m nufactmm we shanconfinc onmelves to one clase— those whowork in silk. And

it willbe the most convenient method of ar r anging facte,

to follow the silk thr oughits var ious stagee 5fi'om its state

when impor ted, to its state when r eady for the wear er .

Bundles of raw silk from abr oad— not uncommonlywe ighted with rubbish, stones, or rook-aux of Chinesecopper coiu, to the lcsa cf the buyer— ar e disposed cf byauction. Purchases ar e made on behalf of the silk- dealersby “ m or e brokers ;

”and the regulation is, that these

sworn broke rs shall confine themselves to their functions asagents. From a silk -manufacture r , however, we learn thatthey ar e cur r ontly understood to be themse lves speculatorsin silk, either directly or by proxy ; and that as time

per sonally inter ested in pr ioes, they beoome taulty as

agents .We give this, however, siniply as a pr evailingopiniomfor the tr othofwhichwe do not vouch.The silk bought by the London dcaler , be sends into themanufacturing distr icts to be “ thrown ;

”that is, to be

made into thr eadfit for weaving. In the establisbed form

ofbargain between the silkodealer and the silk - throwster,wehave a strange instauoe ot an orgeniaed and r eoognised

deception ; whiohhas seemingly grown out efa check oo a

previous deception. The throwing of silk is necessarilyaccompaniedfibr ee too weak to wind. This waste van

'

es in diflm t

kinds of sflkfim S per cent tompe r cenhz the awer-sge

being abont b por cent. The per - ccntage of waete beingthns var iable , it is obv ious that in the absence oi m traint,

a dishonest silk - thr owster might abstract a por tion of thesilk; and, on r emrniug the r cat to the dcaler , might plead

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12—6 m nom s or r u ns.

a film of vsr nishwhichis soluble in boiling water . In

dye ing, ther efor e, thisfilm, amounting to 25 per cent. of theentir e weight of the silk, ie dissolv ed 06 ; and the silk isrendered that much lighter. So that originally, for everysixteen ounces of silk sent to the dyer's, only twe lve ounceswere returned. Gr adually,howev e r , by the use of heavydyes, this r esulthas been reversed . The silk now gains in

weight ; and sometimes to a scarcely credible exte nt.According to the q ir ement, silk is sent back from thedyer

’s of any weight, fr om twelve ounces tc the pound up

to forty ounces to the pound. The original pound of silk,instead of losing tour ounces, as it naturally would

,is

actually, when ce rtain black dyes aro used, made to gain asmuch as twenty - four ounces ! Instead of 25 per cent.

lighte r , it is r eturned 150 pe r cent. heavie r —is weighte dwith 175 pe r cen t. offore ign matter ! Now as, dur ing thisstage ot

'

its manufactur e , the transactions in silk ar e car ried

on by weight, it is man ifest that in the introduction and

dev e lopmentof this system,we have a longhistory of (n ude .

At present all in the trade ar e aws ro of it, and on theirguard sgainst it. Like other modes ol adnlte ratiou, in

becoming established and univer n Lithss ceaced to be pmfitahle to any one . But it stillser ves to indicate the mor uls

The thr own snd dyed eilk paeses into thehands of thoweaver ; and here again we come upon dishonestiee.

Manufacturers of figured silks sin against thd r Gallows bystealing their patter ns. The laws whichhave been foundnecessary to pr event this speoies ofpiraoy, show that ithasbeen car r ied to a gr est ex teat. Even now it is not pr e

vented. One wbohu himn lfmfim d fmmfitells usfiiatmanufactur er s stillget one anothe i’s designs by br ihingthe workmen .

manufactum reser t to deceptions z perhape tempted todoso by tbe desir e to eempensate tbemselm for theheevy taxpdd iu tr eating, ete. Geods whiehhave aln ady beea seca

m uou m or r u nr . 127

fibbm tradg f wex mnplafier e is a practice called “ top

the r eat f‘irhicli is ceve r ed when mlled up) of bad or loose

ther e comes the waning of imimtions made of infer ie r

supplanted by successiv e counterfe its ; un til at the end of

3s., and even 23 . pe r yard .

of these spurious fabricsthey ar e un saleable ; and

either in the reintroductionthe production of some nove lty

others that must becommon

tr ick of using false trade- marks ; or of imitating another

refe rr ing to the donige of appar ently- reputable houses,

128 m uou ts w r u os.

ar ehut samples of a state cf things whichit would takea volume to descr ibe in full.

The further instances of trading- immorality which itseems desirable here to give , ar e those which carry withthem a cer tain ex cuse : showing as they do how insensibly,and almcst ir resistibly,meu ar e thrust into vicious practices.Always, no doubt, some utterly unconscien tious trader isthcfir st to intr oduce a new form of fraud. He is by~and~hyfollowedhy othe r s who wear their moral codes but loosely.The mor e upr ight traders ar e contineally tempted to adoptthis questionab le device which those around them are

adopting. The gr eate r the number who yield, and themor efamiliar the device becomes, the more dificult is it for ther emainder to stand out against it. The pru sur e of oolm

petition upon them becomes more and more seve re . Theyhave tofight an unequalbattle : debar r ed ss they are fromone ofthe scur ce s of profit which their antagonists possees.

And they ar e finally almoat oompelled to follow the lead of

the reat. Take for en mple whathas happened in thecandle - trade . As allknow, the commone r kinds of candles

ar e sold in hunches, supposed to we igh a pound each.

Originally, the nominal weight corresponded with the realweight. But at present the weight ishabitually shor t byan amonnt varying fr omhalf au ounce to two ouncea— issometimes dcpr eciated lfl pe r ccnt. IL now, an hcmestchandler cfier s tc supply a re tailer at

,say, six shillings for

the doaen pounda the answer he r eceiv es is—“Oh, we ge tthem for five -aud - e ightpence.” “But mine

,

” replies thechandler,

“ar e of full weight ; while those you buy atfive

aod - eightpenoe are not.” “What does that matte r to me l”

the retailer rejoins—“a pound of candles ia a pound of

candles : my customers buy them in the bunch, and won’tknow the diffe r ence be tween yours and m other’s.” And

mengfinds thathe muet either make his bunches of ahcr tweight, or gir e up business. Take another ease, which,

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130 m imnu s or r u ns.

goods as of better quality thau fliey really wer e ;he wonldnot ssy thst patter ns wer e just out, when tbeyhad beenissued the pr evious season ;he would not war raut to wasli

we ll, colour s whichhe knew to be fugitive . Befi-ainingfrom these and the like malpractices ofhia competitor s ;aud, as a consequence, dsily failing to sellvar ious ar ticles

whichhis competitor s wouldhave sold by for ce of lyiug ;his busine ss was so uur emuner ative thsthe twice becamebankrupt. And in the opinion of our informant,he inflictedmor e evilupon otlier s byhis baukr uptcies, thanhe wouldhave dono by committing the usualtrade -dishonesties. See ,

then,how complicated the question becomes ; and howdifioult to estimate the trader’s criminality. Oftengenerally indeed—he has to choose between two wrongs.Hehss tr ied to car ry ouhis business withstr ict intsgr ity.

Hehas sold none but genuine articles, andhas given fu llmeasure . Othe r s in the same business adultcmte or othe rwise delude, and ar e so able to undersell him. His

customers, not adequately appreciating the superior ity inthe quality or quantity ofhis goods, sud attracted by theapparent cheapness at other shops,deserthim.

ofhis books provss ths alarming fact thathis diminishingr etur ns willsoon be insuBcient to msethis engagemouts,and provide forhis incr easiug family.What then mu sthedo ? Musthe continuehis preseut cour se ; stop payment ;infiictheavy losses ouhis cr editor s ; aud, withhis wife andchildreu, tu r n out into the str eets ? Or musthe follow theex ample ofhis oompetitor s ; use their artifioes ; aud givehis custome r s the sauie appar eut advsutages? The last notonly seems the least detrhnentaltohimselfibut also msy bsconsider ed the least detr imentalto others. Moreover , thelihe is doue by men r egar dod as r espsctabls. Why -hook!be r uinhimself aud fatnily in trying to be better thauh'aneighbours? He willdo as they do.

Bwhis the posifiou ot the tn der ; suchis ths re asoniagby whichhe jusfilslhhnself; and it ishard to visithim

m s nou ns or r ams. 131

withhar shcondemnation . Of course this statement of thecase is by no means unive r sally tr ue . The r e ar e businessesin which, competition being less activ e, the excuse for

falling into cor r upt pr actices does not hold ; and he r e,

indeed, we find cor r upt pr actices much less prevalent.Many trader s, too, have obtained connexions which secur e

to them adequate r etur ns without descending to smallrogue r ies and they have no defence if they thus degradethemselves. Moreov e r

,ther e ar e the men— common ly not

pr ompted by necessity b ut by gr eed— who intr oduce theseadulterations and petty fr auds ; and on these should descendunmitigated indignation both as being themselves cr iminalswithout excuse, and as causing cr iminality in othe r s.

Leav ing out, however , these comparatively small classes,

most trader s by whom the common e r businesses ar e car riedon ,

must receive a much mor e qualified censur e than theyat fir st sight seem to dese r ve . On all sides we hav e metwith the same

’

conviction, that for those engaged in theordinary tr ades the r e ar e b ut two cou r ses— e ithe r to adoptthe pr actices of their competito r s, or to give up business.

Men in difie r ent occupations and in diffe r ent places— mennatur ally conscientious, who manifestly chafed unde r thedegradations they submitted to, have one and allexpr essedto us the sad be lief that it is impossible to car ry on tradewith strict r ectitude . Their concu r r ent Opinion

,inde

pendently given by each, is that the scr upu lously honestman must go to the wall .

But that ithas been, during the past year , fr equentlytr eated by the daily pr ess, we might he r e ente r at some

length on the topic of banking- de linqu encies. As it is, we

may pr esume allto b e familiar with the facts, and shall limitour se lves to making a few comments.

In the Opinion of one whose means of judging have beensecond to those of few

,the director s of joint- stock- banks

have rar e ly been guilty -

oi direct dishonesty. Admitting

182 ms loan s or r ams.

notorious er ceptious, the gene r alfact appear s to bs thatdirecto r s have had no immediate inte r ests in furtheringthese specu lations which have proved so ruinous to de

positor s and shareholders ; but have usually been amongthe gr eatest sufl'e r er s. Their faulthas rather bsen the lsssfiagitious, though still grave fault, of indifle r enoe to the irresponsibilities. Often with very inadequate knowledgethey have under taken to trade with property be longing ingre at par t to needy people . Inste ad ofusing as much carein the investment of this property as though it were theirown, many of them have shown culpable recklessnesseither themselves loan ing the entrusted capital withoutadequate guar antee, or else passively allowing their colleagues to do this. Sundry excuses may doubtless be madefor them. The well- known defects of a corpor ate conscieuce ,caused by divided re sponsibility, must be remember ed inmitigation. And it may also be pleaded for suchdelinquents that if shareholders, swayed by reverence for merewealth and position, choose as directors, not the mostintelligent, the most experienced, and those of longest tr iedprobity, but those of largest capital or highest rank, theblamo must not be cast solely on the men so chosen, butmust be ahar ed by the men who choose them. Nay,fur the r , it must fallou ths public as wellas ou shar e

par t determined by the known bias of depositor s. Bu t

after allallowanceshave bscu made, it must b e admittsd

that these bank- administrators who risk the property oftheir clisnts by lendiug it to speculator s, ar e near akin iu

morality to the speoulators themselves. As thm spscu

lators r isk other men’s money in undertakings whichtheyhope willbs profitable ; so do the dir ectors who leud themthe moncy. If thcse last plead that the money thus lss tis lsut withthe belief that it willbe r epaid withgoodinter est, thefirst may similarly plead that they oxpeet thsirinvestment to return ths bor rowod capitalalong witha

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134 rm: mou se or r am s.

belief that B, having become possessed of £1000worfli ofgoods

,will, when the bill falls due, have eithe r the $1000

worth of goods or some equ ivalent, with whichto meet it.Didhe know that tbe r e wer e no suchgoods in thehauds ofeithee r B,

and uo other property available fo r liquidstingthe bill, he would not discount it—he would not lendmouey to a man of str sw without security. Had A tslceu

to the bank a forged mortgage - deed, and obtained a loanupon it,he would nothave committed a gr eate r wmug.

Practically, an accommodation- bill is a forgery. It is an

er ro r to suppose that forger y is limited to the pr odnctiouofdocumsnts that ar e phgr icolly false—that contain signa

tures or other symbols which ar e not what they appear tobe : for ge r y, properly understood, equally includes theproduction of documents that ar e more“; false . Whatconstitutes the crime committe d in forging a bankmote ?Not the mere mechanical imitation . This is but s means

cr ime cousists in deludiug other s into the accsphncs of

what seems to be s r epr eseutativ e of so muchmoney,hutwhichactually r epr esents nothiug. It matters uot whe the rthe delusion is eflectsd by oopying the forms of the lette r saudfigur es, as in a forged bank - note , or by copymg theform of ex pr essiou, as in an accommodatiou- bill. In eithercass a semblancs of value is given to thst whichhss no

value ; and it is in giving this false appearance of valus

that ths cr ime cousists. lt is tr ue that gensrally, theacceptor of an accommodatiombillhopes to be able to meetit when due . But if those who thiuk this cx oner ateshim,

will r ememher ths mauy cases in which, by ths use of

which theyhopsd pr essntly to r eplaco, aud wer e nove r thele ss judged gnilty of for ger y, thcy wfllsee that the plu is

insufficient.We mm dwm the mauufactur ers of

tha law so classed them, muchgood would result, we m

TH] HOBALB 0! TRADE.

not pr epar ed to say. Several questions present them

selv es r —Whether such a change wou ld cause inconve

u icuco, by negativing the many harmless tr ansactions

ca r r ied on under this fictitious form by solv ent men ?Whether making it penal to use the words valuer eceiv ed,

”un less therehad been value r eceived, wou ld not

simply or iginate an additional class of bills in which thesewor ds wer e omitted ? Whether it wou ld be an advantageif bills bor e on their faces proofs that they did or did not

r epr esent actual sales ? Whether a r estraint on unduecr edit would r esu lt, when banke r s and discounte r s saw

that cer tain bills coming to them in the names of specu lative or unsubstantial traders, we r e avowed accommodationbills? But these ar e questions we need not go out of our

way to discuss. We ar e here concer ned only with themorality of the question .

Duly to estimate the gr eatness of the evils indicated,

howev er , we must bear in mind both that the fr audulenttr ansactions thus ente r ed into ar e nume r ous, and that eachgenerally becomes the cause of othe r s. The or iginal lie iscommonly the par ent of fur the r lies, which again giv e r ise

to an incr easing progeny ; and so on for successive gene rations, mu ltiplying as they descend.When A and B findtheir £ 1000bill about to fall due, and the expected proceedsof their speculation not for thcoming— when they find, as

they often do, eithe r that the inv estmenthas r esu lted in a

loss instead of a gain ; or that the time for r ealizing theirhoped - for profits, has not yet come ; or that the pr ofits, ifthe r e ar e any, do not cover the extr avagances of livingwhich, in the meantime , they have sanguine ly indulged in— when, in shor t, theyfind that the bill cannot b e takenup; they r esor t to the expedient of manufactu r ing otherbills with which to liqu idate the first. And while they ar eabout it, they usually think itwill be as wellto r aise s some

what larger sum than is r equir ed to meet their outstandingengagements. Unless it happens that gr eat success enables

136 m nem or r u ns.

them to redeem themselves, this pr oceeding is repeated, andagain r epeated. So lcng as ther e is nc monetary cr isis,“continues easy thus to keep afloat ; and, indeed, the appearance of prospe r ity which is given by an extended circulation

creates a confidence in them which r enders the obtainmentof credit easier than atfirst. And where , as in some cases,this pr ocess is can 'ied to the eu tent of employing men indifl’e r ent towns thr cughout the kingdom, and even indistant par ts of the world, to aocept bills, the appearancesar e stillbetter kept up, and the bubble r eaches a still

greater development. As, however, all these transactionsar e carried on with borrowed capital, on which interesthasto be paid ; as, fur ther, the maintenance of this organisedfraud entails constant expenses, as well as occasionalsacrifices ; and as it is in the very natur e of the system to

generate re ckless speculation ; the fabric of lies is abnost

certain ultimate ly to fall ; and, in falling, to ruin or cm

Nor does the evilend withthe direct penalties fr om timo

to time infiicted onhonr st traders. There is also a graveindirect penalty which they sufier from the system . Theseforgers of credit ar e habitually instrumental in loweringprices be low their natural leve l. To meet emergencies,they ar e obliged ev ery now and then to sellgoods at a loss

the alternative be ing immediate stoppage . Though witheach such concern, this is but an occasional incident, yet,taking the whole number of them connected with any one

business, it results that there ar e generally some who are

making sacr ifices—generally some who are unnaturallyde pressing the market. In short, the capital fraudulently

cbhiined fr om some tr ade r s is, in par t, dissipated in rcnder

ing the business of othe r traders deficiently remunerative :If,however , the whole tr uthmusths said, the coudemna

tiou visitsd cn these com ercisl vampir es is uct tc bs

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188 m aen m or m ns.

withthe immeuse msss of equitable trsnsactiom dailycar r ied om the ver dict would be mitigated. After makingevery allowance, however, we fear that the state of thingsis very bad. Our impm sion on this point is due less tcthe par ticular facts above given, than to the general opin ionexpressed by our informants. On allsides we have foundthe r esult ofloug per soualex per ieuce, to be ths convicticnthst tr ade is essentially cor r upt. In tones of disgust or dis

cour sgement, repr ehension or der ision, according to theirexpr essed or implied this belief. Omitting thehighestme rcantile classes, a few of the less common trades, and those

been obtained, the uniform testimony of competent judge sis, that success is incompatible with strict integrity. Tolive in the commer cialworld it appears necessary to adopt

its ethicalcode : neither ex oeeding nor falling shost of it

below its stands xd ar e ex pelled ; while those who r ise abor e

it ar e eithe r pulled down to it or r uined. As, in self- defence ,the civilised man becomes savage among savsges ; so, itseems that in self- defence, the scr upulous tr ader is obligedto become as little scr upulous ashis competitors. Ithasbeen said that the lsw cf the animalcr eation ie—“Est andbe eaten ;

”and of our trading community it may similarly

be said that its law is—Chest and be cheated. A system

of been competiticn, csr r ied on, as it is, without adequatemor al restraint, is ver ymuch a system ofcomme r eislcannibalism. Its alte r natives ar e— Use the same wespons as yourtsgouists or be couque r ed and devoured.

q uestions suggested by these facts, one of the mostobvious is—Are not the pr e judices which have ever beenter tained against trade and traders, thus fully justified ?

do not these meannesses and dishonesties, and the mor sl

men in business ? A pr ompt smrmative answer willpr ob

ou r new or m os. 139

ably be looked for ; but we ve ry muchdoubt whether itshould be given . We ar e rather of opinion that theeede lin quencies ar e pr oducts of the average character placedunde r special conditions. There is no reason for assumingthat the trading classes ar e intr insically worse than otherclasses. Men taken at random from higher and lowerranks, would, most likely, if similarly circumstanced, domuch the same . Indeed the me r cantile world might readilyr ecriminate . Is it a solicitor who comments on the ir misdcings? They may quickly silencehim by referr ing to thecountless dar k stains on the r eputation ofhis frate rnity.

Is it a barr iste r ? His frequent practice ofputting in pleaswhichhe knows ar e not valid, and his established habit oftaking fees for workhe does not perform,makehis criticismsomewhat suicidal . Does the condemnation come throughthe press ? The condemned may remind those who write,of the fact that it is not quite honest to utter a positiveve rdict on a book merely glanced through, or to pen glowing eulogies on the mediocre work of a fr iendwhile slightingthe good one of an enemy ; and they may fur ther ask

whe the r those who, at the dictation of an employer, writewhat they disbe lieve, ar e not guilty of the serious offenceof adulte rating public opinion . Moreover, traders mightcon tend that many of the ir delinquencies ar e th r ust on themby the injustice of their custome r s. They, and especiallydr spcr s, might point to the fact that the habitual demandfor m abatement ofpr ice, is made in utter disr egard oftheirreasonable profits and that, to prote ct themse lves againstattempts to gain hy their loss, they ar e ob liged to name

prices greate r than those they intend to take . They mightalso urge that the straits to which they ar e often broughtby non - payment of large sums due from their wealthiercu stomers, is itself a cause of their malpractices : obligingthem, as it does, to use all means, illegitimate as we llas legitimste, for getting the wher ewithto meet their

140 m s I OBAIJ or r u ns.

e xcuse show this disregard of other men’s claims, wadersmight asl: whether they, who have the excuse of having tocontend with a merciless competition, ar e alone to be blamedif they display a like disregard in other forms. Nay, evento the guardians of social rectitude—members of the legislaturo— they might use the ta qsoqus argument : asking

br ibery ofan elector ? or whethe r the gaining of sufl'

r ages

by clap- trap bustings~speeches, containing insincere pr ofessions adspted to the taste of the constituency, is not as

bad as getting an order for goods by delusive representations r especting their quality ? No ; few if any classesfree from immoralities which ar e as great, r elatively to

the “reple tion , as these we have been exposing. Ofcourse they will not be so pe tty or so gross where thecircumstances do not prompt pettiness or grossness ; nor soconstant and organized where the class- conditions have not

tended to make them habitual. But, taken with thesequalifications, we think that much might be said for theproposition that the tr ading classes, neither better nor

their fiagitioushabits by ex ter nalcuuses.

Another que stion ,her e naturally arising, is—Ar e not

thsse evils growing wor se ? Many of the facts wehmcited seem to imply that they ar e . Yet then ar e msnyother facts which point as distinctly the other way. In

weighing the ev idcnce, ws must bear in mind tbst thegr eatcr puhlic attention at present paid to such mattem is

itselfa source of er r cr— is apt to geuer ste tbe belisf tbat

evils now becoming r scognised ar e evils thsthave recentlyar isen ; when in tr uthtbcyhave mer cly beenhither to disr egarded, or less r egarded . Ithas beeu clearly thus withcrims, with distress, withpopular ignor snce ; and it is vcrypr obably thus withtr ading- dishonesties. As it is tr uc of

individualbeings, that thsirheight in the scule of crsaticn

may be msasur cd by ths dcgm of their sslf- consciom u s;

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142 m uou u or r u nr .

have been distinguished by just mer cantile dealings. While,converse ly, an age which, like cura, bas seen so many squit

opinion, is very unliksly to be an ags in whichthc transaotions between individualshavehecn gr owing mor e incquitable . Yet, on the other hand , it is undeniable that many ofthe dishonesfies we have described ar e of modern or igin .

Not a few of themhave become estahlished dur ing the lu tthir ty year s ; and othcr s are even now arising. Bew arethese seeming contradictions to be reconciled ?The rm oiliation is not difl cult. It lies in the t'act that

while the '

dir ect frauds have been diminishing, the iudirec¢fr auds have been incr easing z alike in var iety and iu

number. And this admission we tahe to be consistentwiththe opinion that the standar d of commcrcialmor als ishighathan it was. For ifwe omit,“ excluded from the question,the peualr estr aints— r eligious and legal

- fl d uhwhat isthe ultimate mor alr estraint to the aggr eu ion of man on

man, we find it w be—cympathy withthe pain inflictsd.

Now the keenness of the sympathy, depending on thevividness withwhichthis pain is r ealised, varies withthcconditions of the case. It may be active emoughto chech

yet not b e active enoughto chechmisdeeds whichwillcause but slight annoyance . While sufficiently acute to

pr e vent a man from doing that which will entailimmediateinjury on a b own peum it m y nothe aficiently acute

agr eo withthis deductiom that the mor alrestra int variesaccording to tho clear nesawithwhich the evil consequencesar e concsived. Many a onc who would shr inhfr om pichinga pocket docs not scruple to adulte ratchis gooda ; andhewho ncv er dr eams of passinghu e coin willyet be a pu tyto joint- otoch- bcnhdscspfiom . Ra cq u we u y, thomultiplicaticn of tho more subtlc snd compla form of

r un som e or r ams. 143

fr aud, is consistent witha general p rogress in morality ;pr ovided it is accompanied witha decr ease in the grosserforms of frand.

But the qu estion which most concerns us is, not whetherthe morals of trade ar e better or worse than they have been?

state of ours, is there so much that betrays the cunningse lfishness of the savage ? Why, after the careful inculcations ofrectitude during education, comes there in after -lifeallthis knaver y ? Why, in spite of all the exhor tations towhich the commercial classes listen every Sunday

,do they

next morning recommence their evil deeds ? What is thisso potent agency whichalmost neutralizes the discipline of

education, oflaw, or religion ?Various subsidiary causes thatmight be assigned,must bepassed over , that we may have space to deal with the chiefcause. In an e xhaustive statement, something would haveto be said on the credulity of consumers, which leads themto be lieve in repr esen tations of impossible advantages ; andsomething, too, on their greedin ess, which, ever promptingthem to look for more than they ought to get, encouragesse llers to char de lusive bargains. The increased dificultyof living consequent on growing pressure of population ,

might per baps come in as a part cause ; and that greatercost ofbringing up a family, which resu lts from the highe rstandard otf education, might be added . But the chiefinciter of the se trading malpractices is intense desire forwealth. And if we ask- Why this intense desire ? thereply is— It results from the M iscfiminate respect paidto wealth.To be distinguished fr om the commonherd— to be some

body—to make a name, a position— this is the universalambition ; and to aocumulate riches ic e like the sur est and

life sllb ar n this. At school, the oour t paid to one whose

144 r an moan s or m us.

parents have called in their car riage to see him, is cono

spicuous ; while the poor boy whose insuficient stock of

clothes implies the small means ofhis family, soon hasburnt intohis memory the fact that pov erty is contemptible .

taught about the nobility of se lf- sacr ifice, the reverencedue to genius, the admirableness of high inte grity, ar e

quickly neutralized by experience : men’s actions provingthat these ar e not their stands rds of respect. It is soon

perceived that while abundant outward marks of deter ence

dir ecting every energy to the accumulation of pmpe r ty,they ar e b ut rar ely to be gained in any other way ; andthat even in the few cases in whichthey ar e other wiasgained, they ar e not given with entire un r eserve, b ut ar ecommonly joined with a more or less manifest display ol

‘

his mediocre endowments, the aoquirement of distinctionby brilliant discoveries, orheroic acts, or high achievementsin ar t, implies faculties and fee lings whichhe does not

; it is not dificult to understand whyhe devoteshimse lf heart and soul to business.We do not mean to say that men act on the consciouslyr eawned- out oonclusions thus indicate d ; but we mean thatthese conclusions ar e the unconsciouslyo formed products of

and doings of allaronnd themhsve gensr stsd the idca thatwealth and r espectsbility ar e two sides of the same thing.

This idea, growing withthe ir growth, and strengtheningwith their strengtb, becomcs at last almost what we maycallan or gsnic couviction. And this or gsuic conviction it

is whichpmmpts the ex penditm'e of alltbeir ener gies in

moneyomaking.We oontend tht the chief stimnlns is nottho desire tor the wsslthitselt, bnt for the applanss and

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146 m mu z s or m us.

appropriate only to thoss of ten times his income, withother expensive entertainments to match— when, hav ingfor a time carried on this style at a cost gr eater thanhecan afiord,he finds thathe cannot discoutinue it withoutgiving up his position ; then ishe most strongly promptedto enter into lar ger tr ansactions, to tr adc beyondhis means,se r ies of misdeeds whichends in disgracefulhaukr nptcy.

And if these are the facts then is it an nnavoidable con

clusion that the blind admiraticn whichsociety gives tome r e wealth, and the displsy ofwealth, is the chisf sourcsof these multitudinous immoralities.Yea the evfl is deeper than appear s

—draws its nutr iment

fr om far below the surface . This gigantic system of dishonesty, branching out into every conceivable form of

fraud,has roots which r un underneath our whole socialfabr ic

,and, sending fibr es into every house, suck up

strength from our daily sayings and doings. In evcry

turns on So- and- so’s successfu l speculations, his pur chase

ofau estate ,his pr obable wor th—on thisman's r ecentlu ~

ge

legacy, and the other 's advantageous match ; for beingthus talked about is one for m cf that tacit r espcct which

ment in the admiration awarded to oosfl inw to silhthat

enormous quantity of mater iahthat is, ar e expensivc ; to

lacss that ar shandthat ar e rar e, that is, ex peusive ; to china that is old, thatis, expensive. And from scor es of small r emarks n d

minutimof behaviour which, in all circles, hourly imply howcompletely ths idea cf r espectahility involves that of costlyex te rnals, thm is drawn fr eshpabulum.

bation or nct, give ex pr ession tc the estsblished fecliug.

Evenhe who disapproves this feeliugfindshimsslf uuable to

m nou ns or r u ns. 147

b est vir tne in tln'eadbar e appar elwitha cor diality as gr eatas that whichhe would show to the same vir tue endowedwithpr osper ity. Soar cely a man is to be found who wouldnot behave with more civility to ahave in broadcloth thanto a knave in faction. Though for the deference which theyhav e shown to the vnlgsr rich, or the dishonestly successfu l,men afte r war dsoompound with the ir consciences bypr ivatelyv enting the ir contempt yet when they again come faoe to

they do ae befor e . And so long as imposing wor thlessnessgemthe visible marks of respect, while the disre spect fe lt

Hence , then, is it thatmen per sever e in these evilpractioeswhichallcondemn. They can so pur chase ahomage which,ifnot genuine, isyet, so far as appearances go, as good as thebest. To one whose wealthhas been gained by a life of

fia udmwhat matte r s it that his name is in allcir cles asynonym of rogne ry ? Has he not been conspicuouslyhonoured by being twice elected mayor ofhis town ? (westate a fact) and does not this, joined to the per sonalconsideration shownhim, outweigh inhis estimation allthat issaid againsthim ; of whichhe hears scarcely anything ?When, not many year s after the exposure ofhis ineqnitable

hot an enoour agement tohim, and to allothe r s, to sacr ificer ectitude to aggrandiaement ? If, after listeningto a sermon

his neighbonr s cap tohim, does not this tacit appr ovalgo

far to nenh'aliae the efiect of allhehash'eard ? The tr uth

of socialopinion is far the most eficient of incentives andrestraints. Let any one who wishes to estimate the str ength

148 m nou ns or r ams.

ofthis contr oLpr opose tohimselftowalk thr oughthe str eetsin the dress of a dustman, or hawk vegetables from door to

do something morally wrong than commit such a breach of

usage and sufi'er the resulting derision . He will thenb etter estimatehow power fnla cur b to men is the open disapproval of their fellows, and how, converse ly, the outwardapplause of their fellows is a stimulus surpassing all others inintensity. Fully realizing which facts,he will see that theimmoralities of trade ar e in gr eat par t traceable to an

Let none infer, from whathas been said, that the paymentof respect to wealth rightly acquired and rightly used, isdeprecated. In its or iginal meaning, and in due degree, thefee ling which prompts such respect is good. Primarily,wealth is the sign of mental power ; and this is alwaysrespectable . To have honestly- acquired property, impliesintelligence, energy, se lf- control and these ar e worthy ofthe homage that is indir eotly paid to them by admir ing their

inher ited proper ty, also requir es its v ir tues ; and thereforedemands its share of approbation . And besides be ingapplauded for their display of faculty, men who gain and

increase wealth ar e to be applauded as public benefactors.

For he who, as manufacturer or merchant, has, withoutinjustice to others, r ealiz ed a fortune , is thereby proved tohave dischar gedhis functions better than those who havebeen lees successfnl. By gneater skill, better judgment, or

economythan his competitors,he has afforded the publicgreate r advantages. His ex tr a profits ar e but a shar e of

the ex tr a prodnoe obtained by the same outlay : the othershar e going to the consumers. And similarly, tbe landownerwho, by judicious investment of money, has incre ased thevalue (that is, the pr oductiveness) of his estate, has therebyadded to the stoclx cf nationalcapital. By allmeans, then,

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160 m nou ns or r u ns.

highest perfiection, is the task of our age, and probahly willbe the task of many fnture ages. And es in times whennational defence and conquest were the chief decide r-ate,military achievement was honoured above all other things ;

hononr is most oonspicuonsly given to that whiehgenerallyindicates the aiding of industrial growth . The Englishnation at pr esent displays what we may oallthe commsmial

to be its concomitant—a relation still mor e conspicuous inthe worship of “

the almighty dollar ” by the Americans.And while the commercial diathesis, with its accompanying

been de lineating can be but partially cured. It acema

done to society, from that which does not. The symbols, theexternals, have all the wor ld through swayed the masses,and must long con tinue to do so. Even the cultivated,whoar e on their guard against the b ias of associated ideas, andtry to separate the realfrom the seeming, cannot escape theinfluence of current opinion.We must therefore content

ourselves with looking for a slow amelior ation.

protest against adoration of mer e success. And it is im

portant that it should be done, considering how this vicioussentiment is be ing fostered.When we have one of our

leading mor alists pr eaching, withincr eaaing vehemence, thedoctr ine of sanctification by for ce—when we ar e told thatwhile a selfishness tr oubled withqualms ol

'

oonscience is

contemptible , a se lfishness intense enough to trample downev erything in the unscr npulous pur suit of its ends iswor thyof admiration—when wefind that if it be snfioiently gr sat,power , no matter of what kind or how dir ected, isheld upfor our rever ence ; we may fear leat ths pr evalent applause

m nou ns or ru ns. 161

ofme re success, together with the commercial vices whichit st

'

unulates, shou ld be incr eased rathe r than diminished.

Not at allby this hero- wor ship grown into brute -worshipis society to be made bette r, b ut by exactly the oppositeby a stern criticism of the means through which success hasbeen achie ved, and by according honour to thehighe r and

less selfish modes of activity.

And happily the signs of this more moral public opinionar e

'

showing themselves. It is becoming a tacitly- receiveddoctrin e that the rich should not, as in bygone time s, spendtheir lives in personal gratification ; but should devote themto the generalwe lfar e . Year by year is the improvementof the people occupying a large r share of the atte ntion of

the uppe r classes. Year by year are they voluntarily

pr ogress of the masses. And those among them who do notjoin in the discharge of these high functions, ar e beginningto be looked upon with more or less contempt by their ownorder. This late st and most hopeful fact in human history— this new and bette r chivalr y— promises to evolve a higherstandard of honour , and so to ame lior ate many evils : amongother s those which we have detailed.When wealth obtainedby illegitimate means inevitably brings nothing b ut disgrace —when to wealth rightly acquired is accorded only itsdue share of homage , while the greatest homage is given tothose who consecrate the ir energies and their means tothe noblest ends ; then may we be sure that, along withother accompanying benefits, the morals of trade will be

PRISON-ETHICS.

[M M inThe Br itish Quar ter ly Beviewjor JulyTun two antagonist theor ies of morals, like many otherantagonist theories, ar e both right and both wrong. Thea pr iori schoolhas its tr uthg the c poster ior i achoolhas itstruth ; and for the pr oper guidance of conduct, there mustbe due r ecoguition of both . On the one hand

, it ia

asserted that there is an absolute standard of rectitude ;and

,r especting ce rtain classes of actions, it is r ightly ao

asserted. From the fundamental laws of life and theconditions of social existence , ar e deducible certain im

per ative limitations to individual action— limitations which

are essential to a perfect life , individual and social ; or,in other words, essential to the greatest happiness. And

these limitations, following inevitably as they do fromundeniablefir st pr inciples, deep as the natum of life iteelf,constitute what we may distinguishas ab olute morality.On the other hand it is contended, and in a sense r ightlycontended, that withmen aa they ar e and society as it is,

the dictate s of absolute morality ar e impracticable . Legalcontrol, which involves infliction of pain, alike on thosewho ar e r estr ained and on thoee who psy the cost of

r estraining them,is pr oved by thia fact to be not absolutely

mor al; seeing that absolute mon lity is the regulation of

conduct in snchway that pain shall not he indicted.

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154 raises - cr ews.

stions of abstract expediency should be joined with thoseof concrete expediency—how immense wouldhe the evilsavoided and the benefits gained. if a poste r ion'

moralitywere enlightened by a pr ior -i morality. Take first thecase of free trade. Untilr ecently ithas been the pr acticeof allnations

,artificially to restrict their comme rce with

pendence, it may yet be said that in ages when nationalquarrels we r e perpetual, it would not have been we llfor any people to be much dependent on others fornecessary commodities. But though the re is this groundfor asserting that commercial restrictions were once ex pedient, it cannot be asserted that our corn - laws were thusjustified : it cannot be alleged that the penalties andprohibitions which, until lately, hampered ou r trade , wereneedful to pr event us fr om being industr ially disabled bya war. Protection in all its fiorms was established and

r easons for whichit was opposed and finally abcliahcdwer e also those of ex pediency. Galcnlaa

'

om of immediate

and r emcte consequenccs wer e set for thby the antagcnist

par ties ; and the mode °

cf decision was by a balancing of

these various anticipated consequences. And what, after

arduous str uggle, was the conclusion arrived at, and sincejustifiedhy the results ? Ex actly the cne whichabstractequity plainly teaches. The mon lcour se pr cves to be thepolitic course . That ability to exer cise the taculties, thetotaldenialof which causes death— that lihsr ty to pum e

the chjects of desire.without which there cannot be com

pb ts lifv- that fr eedom of action whichhis natur e pmmpts

every individual to claim, and on wbichequity puts no

involvee, among other ccmllar iea, fred om of ex change.

m ess -m es. 155

Gov ernment which, in pr otecting citizens from murde r ,r obbe ry, assault or other aggression, shows us that it hasthe all- essen tial function of eecur ing to eachthis fr eeexercise of facu lties within the assigned limits, is called on,

in the due discharge of its function, to maintain thisfreedom of exchange ; and cannot abrogate it withoutreve r sing its function, and becoming aggr essor instead of

protector. Thus,absolute morality would all along hav e

shown in what dir ection legislation should tend. Qualifiedonly by the consideration that in turbulent times theymust not be so carried out as to endanger national life,through suspensions in the supply of necessaries, theseapr ior

-i principles would have guided statesmen , as fast ascir cumstances allowed, towards the normal condition.Weshould have been saved from thousands of needless r e

strictions. Such restr ictions as were needful would havebeen abolished as soon as was safe . An enormous amoun tof snfier ing would have been pre vented. That prosperitywhich we now enjoy would have commenced much soone r .And our present condition would have been one of gr eate rpower, wealth, happiness, and morality.Our railway- politics fur nish anothe r instance . A vastloss of national capitalhas been incurr ed, and gr eat miseryhas been inflicte d, in consequence of the neglect of a

simple principle clearly dictated by abstr act justice . Whoseente r s into a contract, tlmughhe is bound to do that whichthe contract specifies, is not bound to do some other thingwhich is neither specified nor implied in the contract.Wedo not appeal to moral perception only in warranty of thisposition . It is one deducible from that first pr inciple ofequity which, as above poin ted out, follows fr om the lawsof life

, individual and social ; and it is one which theaccumulated expe r ience of mankind has so uniformlyjustified, that ithas become a tacitly- recognized doctr ineof civil law among allnations. In cases of dispute s aboutagreements, the question in each case brought to tr ial

158 r aises -m es.

always is, whe ther the terms bind one or other of thecontracting parties to do this or that ; and it is aesumed,as a matte r of cour se, that ne ither of them can be calledupon to do more than is expressed or understood in theagreement. Now this almost selfo evident pr inciple hasbeen wholly ignor ed in railway- legislation. A shareholder,uniting with others to make and work a line from one

q iecified place to another specified place , bindshimse lf topay certain some in furtherance of the project ; and, byimplication, agrees to yield to the major ity of his fellowshareholders on all questions raised respecting the ex ecu

tion ofthis pr oject. Buthe commitshimselfno fur the r thanthis. H e is not required to obey the major ity concerningthings not named in the de ed of incorpor ation. Thoughwithr espect to tbe specified railwayhehas boundhimself,he has not boundhimself, with respect to anyrailway which his cc - proprietors may wish to make ; andhecannot be committed to snchunspecified railway by a votc

ofthe majority. But this distinctionhas beenwholly passed

perpetually involv ed in other undertakings subsequently

will, have had their pr operties heavily mortgaged for theexecution of pr ojects that were ruinously unr emnum tive .

In eve ry case the propr ie tary contr act for m king a

parficular r ailway,has been dealtwithas thoughit wer e apropr ietary contr act for making railways l Not onlyhavedirectors thus misinte rpreted it, and not onlyhave shar eholder e anowed it to be thus misinterpreted, but legielatonhave so little under stood tbeir dutiee us tohave endorsedthe misinterpr ctatiou . To this simple cause has beenowingmoet of our railway- oompaniee

’(lb - ste rn. Abnormal

m mm m -M g w d bm dm , m mm dlu s oppodfionhum got up to be pnr chu ed by theoompuniee tbey thrM cncd. Had eachnew aoheme bem

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158 rm onm sws.

resisted, not because ofanydir ect evilit infiicts,but becanseof the evils likelyher eatter tofiow from it, to seehow thedistant results, and being chiefly guided by them . Con

pr esent, the special, the concrete—who do not realiz e withclearness the contingencies of the future—will put littlevalue on those rights of citizenship which profit themnothing, save as a means ofwarding ofiunspecified evils

that can possibly afiect them only at a distant time in an

ment for misconduct? To r estr ain the aecond, the r e muatbe penalties whichar e sever e, prompt, and specific enoughto be v ividly conceivad ; while the fir st may be deter r ed bypenaltieswhichar e less definite, less intense,leu immediate.

For the more civilised, dread of a long, monotonous,criminal discipline may snfice ; but for the M a civilisedther e must be infiictions cf bodily pd n and death. Thuswehold, not only that a aom'

alcoadition whichgenerates ations ; but also, that in sucha aocial coudition, har ah

illustr ate this.Witnesa the caso ot one of the ltalian

states, in which the punishment of death having beenabolished in oonformity withthe wishof a dying ducheea,assassinationa incr eased ao greatly that it became needfulBesidea tho fact that iu the lesa-adm ced atagea of

civflinfioma blwdy penaloode ia botha natur alproductof the time aud a needful r estr aint tor the time , the remuet bo noted thofiact that a mor e eqnitable and bumane

To dealwithdelinqnsnta not by shm-t and aharpmethodabut by mchmethoda u abstrwt justice indicataqhnpllaa aclau of agencisa too complicate d to eaiat in a low aociety,

raises - u m . 159

aud a class of ofice r s mor e tr ustwor thy than can be foundamong its citizens. Especially would the equitable treatment of cr iminals be impracticable where the amount ofcrime was ve ry great. The number to b e dealt with wouldb e unmanageable . Some simpler method of purging thecommunity of its worst members becomes, under suchcir cumstances, a necessity.

discipline to a bar barous or semi- barbar ous people, is thus,we think, asmanifest as is the inapplicabilityofan absolutelyjust form ofgover nment to them. And in the same mannerthst, for scme nations, a despotism is war ranted ; so may acriminal code of the extremest severity be warranted. In

eithe r case the defenoe is, that the institution is as good

as the average character of the people permits— that lessstringent institutions wou ld entail social confusion and its

far more severe evils. Bad as a despotism 18, yet whereanarchy is the only alternative,we must say that, as anarchywou ld bring greater suffering than despou

'

sm br ings, des

potism is justified by the circumstances. And similar ly,

however inequitable in the abstr act we re the beheadings,cr ucifyings, and bu rnings of ruder ages, yet, if it b e shownthat, without penalties thus extr eme, the safe ty of societycould not hav e be en insur ed— if, in their absence , theincrease of crime would have inflicted a larger total of evil,and that, too, on peaceable membe r s of the communitythen it follows that mor ality war ranwd this severity. In

the one case,as in the othe r , we must say that, measur ed

by the quantities ofpain r espe ctively inflicted and avoided,the cou r se pur su ed was the least wr ong and to say that itwas the least wrong is to say that it was r elatively r ight.But while we thus admit allthat can b e alleged by thedefende r s of Dr aconian codes, we go on to asser t a cor r el

ative truth which they ove r look.While fu lly recognisingthe ev ils that must follow the premature establishment ofa

160 raises - t rams.

penalsystem dictated by pure equity, let us not overlookthe evils that have arisen from altogether rejecting theguidance of pure equity. Let us note how ter ribly theone- sided regard for immediate expediency has retardedthe ameliorations from time to time demanded.Consider, for instance, the immense amount of sufier ing

and deme r alisation needlgssly causedhy our sever e laws in

the last centur y. Those many merciless penalties whichRomilly and others succeeded in abolishing, were as littlejustified by social necessities as by abstract morality.

Experience has since proved that tohang men for theft,was not requisite for the security of property. And thatsuch a measure was opposed to pure equity, scarce ly needssaying. Evidently, had considerations of re lative expediency been all along qualified by considerations of absoluteexpediency, these severities, with the ir many concomitantevils, would have ceased long before they did.Again, the dreadful misery, demoralisatiou, and crime ,generate d by the harsh treatment of transported convicts.would have been impossible, had our authorities consider edwhat seemed just as well as what seemed politic . Therewould never have been inflicted on transports the shocking

1848.We should not have had men condemned to thehor ror s of the chain - gang even for iusolent looks. Therecould nothavs been perpetrated suchan atr ocity as that cllocking up chain -ganga

“ fr om sunset to sunr ise in thecaravan s or boxes used tor this description of prisons,which hold fr om tweuty to twenty

- eight men, but in whichthe whole numher caa mither r tcad upr igu m oit dom at

tha n m timg n cept wilhtlm'

r legc atfight oayb r to thcirbodies.” Men would never have been doomed to tor tum

extreme enough to produce despair, desperation, and

fu r ther er imes— tor tur es unde r which “ a man’shear t is

taken fmmhim.aud thm is given tohim thehear t cla

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162 m osa rmcs.

of necessity entail ser ious debility, bodily and mental .’

success is due to an enfeeblemeut which incapacitate: forcr ime as muchas for industr y. Our own ohjection to suchmethods, howev er, has always been, that the ir efl

‘

ect on

the moralnatur e is the r ever se of that r equir sd. Crime isanti—social— is prompted by ,

self- regarding fee lings and

checked by social feelings . The natural prompter of right

to other s, is sympathy ; for out of sympathy grow boththe kindly emotions, and that sent

'

unent of justice whichrestr ains us from aggressions. Well, this sympathy

,

which makes society possible, is cultivate d by social intercourse . By habitual participation in the pleasur es ofother s, the faculty is str engthened ; andwhatever preventsthis participation, weakens it. Hence, the r efor e, shutting

have ; and so tends rather to diminishthan to incr eass thewhichwehave long ente r tained, we now flnd conflrmsd byfacts. Capta in Macunochie states, as a resu lt of observation, that a long course of separation so fosters the selfregarding desires, and so weakens the sympathies, as tomake even we ll- disposed men very unfit to hear

’

ths littletr ials of domestic life on their r etur n to their homes.

Thus ther e is good r eason to think that, whils silence and

solitu de may cow the spirit or undermine the energies, itcannot produce true r eformatiou.

“ Buthow can it be shown,” ashthe m dcr ,“that thoso

injudicious penalsystems ar e inequitable ? Where is themethod whichwillenable us to say what kind of punish‘ llr . Bamls.Ooshn us ms z—“Ths ccesn at ths b u tmocr ’dn u

m u m m m hw m mm wm wdowns-“loch. In ma t lum msir hrain s nd thsy mM u en m m wmm m "

m os - t r ams. 108

not?” These questions we will nowattempt to answer.

80 long as the individual citizen pursues the objects of

his desires without diminishing the equal fr eedom ofany of

his fe llow citizen s to do the like,society cannot equitably

interfere with him. While he contents himse lf with thebenefits won byhis own energies, and attempts not to

intercept any of the benefits similar ly won for themse lvesby others, or any of those which Nature has conferred onthem ; no legal penalties can r ightly be inflicted on him.

But when, by murder, theft, assault, arson, or minorsggr ession,he has brohm thr ough these limits, the com

mun ity is warranted in puttinghim unde r restr aint. On

the re lative propr iety of doing this we need say nothing :it is demonstrated by social experience . Its absolutepropriety not being so manifest, we will proceed to pointout how it is deducible from the ultimate laws of life .

Life depends on the maintenance of cer tain naturalrelations between actions and their results. If respir ationdoes not supply ox ygeu to the blood, as in the normalcr der

of things it should do, but instead supplies carbonic acid,death qu ickly r esults. If the swallowing of food is not

followed by the usual or ganic seque nces— the contractionsof the stomach, and the pou r ing into it of gastr ic juiceindigestion arises, and the ene r gies flag. If active movements of the limbs fail in ex citing the heart to supply bloodmore rapidly, or if the extra current prope lled by the hear tspeedy prostration ensues. In

‘

which, and endless likecu es, we se e that bodily life depends on the maintenanceof the established connex icns between physiological causesand the ir consequences. Among the inte llectual pr ocesses,the m e thing holds. If certain impressions made on thesenses do not induce the appropriate muscular adjustments— ii the b rain is clouded with wine, or consciousness is

49

164 m acs -m os.

pr e - occupied, or the per cepticns sr e nstur slly ohtme ; themovements ar e so ill- controlled that accidents happen .

Where , as in par alytic patien ts, the natural link betweenmentalimmessions and the appropriate motions is broken,the life is gr estly vitiated. And whm u dur ing inssnity,evidencefitted, sccordiug to the usualorde r of thought toopposite kind, conduct is r educed to chsos, and lifeW hamcut shor t. Bo it iswithuicr e involvedpheucmm Just ss we here find that, thr ougbcut bothits physical and intellectual divisions,healthful life impliescontinuance of the established successions of antecedentsand oonsequents among cur vital actions ; so shallwe findit throughout the mor sldivision. In our deslings withex ter nalNatur e and our fe llow me n, there are relations ofcause and efiect, on the maintenm ce of which, se en themaintenance of the inte rnal ones above instanced, lifedepends . Conduct of this or that kind te nds to bringr esultswhichar e pleasurable or painfu l ; and the welfar e ofev e ry oue demauds that thm naturalsequeuces shallnotbe iuterfe r ed with. To speslt mor e specifically, we see thstin the order of Natur e , inactivity entails want. There is s

connex ion betweeu ex er ticn snd the fulfilmeut of cer tsin

imperative needs. If, now, this connexion is broken— iflabour cf body or mindhas been gone thmugh, snd thepr oduce of the labour is inte rc epted by another , one of theconditions to complete life is unfulfilled. The defraudedper son is physically injured by deprivation of the wherewithslto make good the wear snd tes r hehsd unde rgono ;and if the robbe ry be continually repeated,he must die.Where illmen ar e dishonest a reflex evil re sults . When,throughout a socie ty, the normal re lation be tween workand benefit is habitually broken ,

not only are the lives of

sauy dir ectly undermined, but the lives ofsllsro iudir eetlyM ormiued by destrmticmof the mctiv e for m hsud bythe cousequent poverty. Thus, to demsnd ths t there shsll

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166 r aises - tr am .

there next come the questions s—What is the legitimateex tent of the coercion ? Can we from this source de riveauthority for certain demands on him ? and ar e there anysimilarly -derived limits to such demands ? To both thesequestions there ar e afirmativ e answers.First,wefind authority for demanding restitution or com

pensation . Conformity to the laws of life beiug the subnanceof absolute morality ; and the social regu lations whichabsolute morality dictates, be ing those which make thisconformity possible ; it is a manifest corollar y that whoeverbreaks these regulations, may be justly requir ed to undo,as l

'

ar aa posaible , the wr onghe has done . The objectbe ing to maintain the conditions essential to complete life ,it follows that, when one of these conditions has been trans

gr essed, the first thing to b e r equir sd of the tr anngrcssoris, thathe shallputmatters as nearly as may be in the statethey previously were . The property sto len shallbe m tor ed,

or an equivalent for it given . Any one injured by an

assault shallhavehis surgeon ’s b ill paid,compensan

'

on for

lost timmand also for ths sufier inghshas bor ue . And

similarly in allcases of infringed rights.Second, we ar e warranted by this hin authority inrestricting the actions of the ofl'

ender asmuch as is needfu l toprevent fu r ther aggressions. Any citizenwhowill not allowothers to fu lfil the conditions to complete life—who takesaway the produce of his neighbour’s labour

,or deducts from

that bodily health and comfort whichhis neighbour hasearned by good conduot,must be forced todesist. Andsocietyis war ranted in using such torce as may be found requisiteEquity justifies the fe llow - citizens of such a man in limitingthe fr e e ex er cise odhis faculties to ths ex tent necessary iorpreserving the firm exercise oftheir own faculties.But now mark that absolute morality countenances no

restraint beyond this—no gr atuitous indictions ofpain, nom engefulpenalties. Ths conditions it insists onheiug suchas make possible complete life , we cannot rightly shr ug- ts

rmsos - r rmcs. 167

these conditions, even in the person of a cr iminal, fur therthan is needfu l to pr event gr eater abr ogations of them .

Fr eedom to fu lfil the laws of life being the thing insisted on ,

to the end that the sum of life may be the gr eatest possible,it follows that the life of the offende r must be taken intoaccount as an item in this sum. We must pe rmithim to

live as complete ly as consists with social safe ty . It is

commonly said that the cr iminal loses allhis r ights. Thismay be so accor ding to law

,but it is not so accor ding to

justice . Such por tion of them only is justly taken away,

as cannot be left tohim without dange r to the community.

Those exercises of facu lty, and consequent benefits, whichar e possible under the necessary r estr aint

, cannot b e squitab ly denied. Ifany do not think it pr ope r that we shouldbe thus r egar dful of an ofiende r ’s claims, let them conside r

for a moment the lesson which Natur e r eads us. We donot find that those pr ocesses of life by which bodily healthis maintained

,ar e mir aculously suspended in the pe r son of

the pr isoner . Inhim,as in othe r s

,good digestion waits on

appe tite . Ifhe is wounded, the healing pr ocess goes onw ith the usual r apidity. When he is ill, as much effect is

expected fr om the v ia medicatr in natur w by the medicaloffice r , as in one whohas not tr ansgr essed. H is pe r ceptionsyie ldhimguidance as theydid befor ehe was impr isoned;andhe is capable of much the same pleasu rable emotions.

Whenwe thussee that the b eneficent ar r angements ofthings,ar e no less uniformly sustained in his pe r son than in thatof anothe r , ar e we not bound to r espect inhis pe r son suchof these b eneficent ar r angements as we have power to

thwar t ? ar e we not bound to inte r fe r e with the laws of lifeno fu r ther than is needful ? If any still hesitate , the r e isanother lesson for them hav ing the same implication .Whose disr egards any one of those simple r laws of life out

ofwhich, as we have shown, the mor allaws or iginate ,hasto bear the evil necessitated by the tr ansgr ession— just that,and no mor e . If

, car eless of your footing, you fall, the

168 macs -st air s.

eomequent bruise, and possibly some constitutional diam !)

ance entailed by it, ar e all youhave to sufl'

or : ther e is notthe fur ther gr stuitous penalq of s oold cr an attaok of

small- pox . If you have eaten something which you knowto be indigestible, there follow certain visceral der angements and their concomitants ; but, for your physical sin,ther e is no vengeance in the shape of a br olcen bons or aspinal afiection. The punishments, in these and e ther m es,

ar e neither greate r nor lu s than fiow fr om the naturalworkings of things. Well, shonld we not withallhumilityfollow this example ? Must we not infer that, similarly, scitiz en whohss tm mgr essed the conditions to socid welfu v ,ought to bear the needfnlpemlfim and m ud nmmnothing beyond these ? Is itnot clear thstne ither byabsolutemor slity nor by Nstnr e

’s pmoedentg ar e we war ranted in

visiting on him anypains be sides those involved in remedy'

ing. as far as may be, the evil committe d, md pr eveutlngother snehevils ? To as it seems manife st tlmt if society

Those who think that we ar s tending towards a tnisehiovons lenieney, willfind that the nex t step in our srgu

ment disposes of any such objection ; tor while equityfor bids us to punishthe m-iminalothe rwise thsn by mskinghim sufler the nstur slconsequenoes, thcse, when r igom slyenfomed, nr e quite sever e emough.Society having pr oved in the highconr t of shsolutemorality, that the ofiende r must make restitution or com

penn tion , and submit to the mstr sints r equisite for public

safety 3 sad the odesder hsving obtained fr cm tho m ne

cour t the decision , that theee r estrainta shallbe uo gm ter

than the specified end r equir es ; sooiety ther eupon m kes

the furthe r demand that, while living in durance , theofieade r shsllmsintsh:himaelf; snd this demsnd abeolutemou lity at onee emdor ses. The m anity M g tnksn

m u m s for u H-

pm m tfiomsndhsfing inflieted cn ths

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170 raises -m es.

complete life are broken : the convict commitshy deputya further aggression onhis fe llow- citizens. It matters notthat such abstraction is made according tohaw.We ar ehe re considering the dictum of that authority which isabove law ; and which law ought to enforce . And thisdictum we find to be , that each individual shall take theevils and benefits ofhis own conduct— that the cfiendermust suffe r

,as far as is possible , all pains entailed byhis

chimes ; and must not be allowed to visit part ol’ them on

the unofiending. Unless the criminal maintains himse lf,heindirectly commits an additional crime . Instead of repair»

ing the breachhe has made in the conditions to completesocial life, he widens this b r anch. He inflicts on othersthat very injury which the restr aint imposed on him wasto prevent. A s certainly, therefore, as such restraint iswarranted by absolute morality so certainly does absolutemorality warrant us in refusing him gratu itous support.These , then , are the requirements of an equitable penal

system — That the aggr essor shall make restitution or compensation ; thathe shallbe placed under the restraintsrequisite for social security ; that neither any m tr aints

beyond these, nor any gratuitous penalties, shall be indicte don him ; and that while living in confinement, or undersurve illance , he shall ‘maintain himse lf. We are not

prepared to say that suchdictstea may at once be fully« beyed . Already wehave admitted that the deductiom of

absolute expediency must, in our transition state , bequalified by the inductions of re lative expediency.Wehave pointed out that in rude times, the sever est criminalcodes were morally justified if, without them, crime couldnothe repr eu ed and socialsafety msur ed. Whence, byimplication , it follows that our pr eeent methods ot' tre atingcr iminals ar e wam uted, if they come as near to those of

pure equity as circ umstances permit. That any systemm im ibhmm fafl shofl ct the ided sketched out is

probable.

lt may be that the enforcsment ot restituticn or

Parson- tr ams. 1 71

compensation, is in many cases impr acticable . It may b e

that on some convicts, penalties mor e seve r e than abstract

justice demands must b e inflicted. On the other hand, itmay be that entir e se lf- maintenance wou ld entail on thewholly- unskilled cr iminal, a punishment too gr ievous to b ehom e . But any such shor tcomings do not affect our

ar gument. All we insist on is,that the commands of

absolute mor ality shall b e obeyed as far as possible —thatwe shall fulfil them up to those limits beyond which e x pe r iment pr oves that mor e evil than good r esults— that

,ev e r

keeping in view the ideal, each change we make shall betowards its r ealiz ation .

But now we ar e pr epar ed to say, that this ideal may bein gr eat par t r ealized at the pr esent time . Expe r ience invar ious countr ies, unde r var ious cir cumstances

,has shownthat immense benefits r esu lt fr om substituting for the old

penal systems, systems that appr oximate to that abov e

indicated. Ge rmany, Fr ance , Spain, England, Ir e land,and Australia, send statements to the effect that the most

successful cr iminal discipline,is a disciplin e of decr eased

r estraintshnd incr eased self- dependence . And the ev idencepr oves the success to b e gr eatest

,wher e the n ear est

appr oach is made to the ar r angements pr escr ibed byabstr act justice . We shall find the facts str iking : some of

them ev en astonishing.When M . Ob e rmair was appointed Gov e r nor of theMunich State - Pr ison

He found from 600 to 700 pr isoner s in the jail, in the wor st state ofinsnbordination , and whose ex cesses,he was told, defied thehar shest andmost str ingent discipline ; the pr isoner s wer e all chained together , and

attached to eachchain was an iron weight, whichthe str ongest founddificulty in dragging along. The guar d consisted of about 100 soldier s,who did duty not only at the gates and around the walls, but also in thepassages, and even in the workshops and dormitories ; and, strangest of allprotections against the possibility of an outbr eak or individual invasion

,twenty to thir ty large savage dogs, of the bloodhound br eed, were let

loose at night in the passages and cour ts to keep their watchandward.

172 r umor - armor .

According to bis secount the plaeswas s psmetw mwithin thsfimihd shwm ths woru passim ths w shfishvices.and ths mosthear tless tyranny.

”

M. Obe rmair gr adually re laxed this harsh system. H e

greatly lightened the chains ; and would, if allowed, havethrown them aside . The dogs, and nearly all the gu rda,we r e dispensed with ; and the prisoners were treated withsuch consider ation s s to gain their confidence. Mr . BaillieCochrane, who visited the place in 1862, says the prisonWom withofl m y senfinelst the door .and a gusrd ct caly tweaty

mea idliag away the ir time in s guard- room ofl ths sntrancs-halh.

Ncae ct tbe door s were prcvided withbolts sndhsu ; the e-ly n cur ity was

m ordim t hmd u mmu t d the m ms themm m mm mwas no obstscls to thsworkshop some ct ths pr isonm withths best charactsrs wsrs appchtedom n d tL Obsrmair assur sd me that ila pr isonc traw - sed s

m t m M m m a d b b l d ‘Es ist m botsn 'flt is

la biddset and it n relyhsppeusd thaths did not yield to the opinico clhis

im u m m m m M m m w m m v -m

whichare turned to most eacellsnt sceonnt - the rssult bsing. that . ehprisousr , by cecupation and indum ,m intaiashimssu ; the m plus othisin s ststs oldsstitution.“

Aud fur the r , the pr isoue r s “associate in their lcisor e

hours, without any check on the ir inte rcour se , but at thesame time unde r an eficient system of obser vation sad

ex per ience,hi. 0be rmair asse r ts that morality is incr cased.

And now whathas been the result ? During his sixyears’ of the Kaiser slautea (the first pr isom

discharged 182 criminals,“which number 128 have since conducted themse lves well,

between 1848 and 1845, 298 prisoners were discharged.

Of these, ”Thoss whcse characters ar e doubtful, but have not- b een

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l 74 r susos - srmcs.

no more restraint than is absolutely necessary ; self- supportas far as possible ; extra benefits earned by extra labour ;and as much gratifying exercise of faculties as the circumstances permit.The “ intermediate system which has of late been

carried out with much success in Ir e land, exemplifies, in adegree, the practicability of the same gener al principles.Under this system , pr isoners working as ar tisans are

allowed “ such a modified degr ee of liberty as shall invariou s ways prove their power of se lf- denial and se lfdependence , in a manner wholly incompatible with therigid restraints of an ordinary prison .

”An cfi’endcr who

has passed through this stage of probation, is tested byemployment on messenger's duties daily throughout thecity, and also in special works required by the departmentoutside the prison- walls. The pe r formance of the dutiesof messengers entails their be ing ou t until seven or eightin the evening, unaccompanied by an emeer ; and althougha small portion of their earnings is allowed them weekly,and they would have the powe r of compromising themselmif so disposed, not one instance has as yet taken place of

the slightest irregularity, or even the want of punctuality,although careful checks have been contrive d to dete cte ither, should it occur.” A proportion of their pr isonearnings is se t aside for them in a savings- bank ; and tothis they ar e encoumged tc add dur ing their per iod of

The r esults archJ ‘Iu the penitentiar-y the gr eatest posmbleor de r and regularity, and au amount cf willing industrype rformed that cannot be obtained in the prisons.”Employers to whom prisoners ar e eventually transferred,have on mauy occasions r etur ned for others in con»

sequence of tbe good conduct cf those at fir st engaged.

”

of 1 12 eonditicnally discharged dur tng tbe pr evious year ,

85 wm goiug on satisfactor fly,“9have been dischu ged

too r ecently to b e spoken of, and 5 havehad their licencesr evoked. As to the r emaining 13

,it has been found

impossible to obtain accu rate information , b ut it is supposedthat 5 hav e left the country, and 3 enlisted.

”

The mar k system ”of Captain Maconochie, is one

which mor e fully car r ies out the pr inciple of se lf-maintenance, under r estr aints no gr eate r than ar e needfulforsafety. The plan is to join with time - sentences ce r tain

labour - sentences— specific tasks to b e wor ked out by theconvicts. No rations, or othe r supplies of any kind,whether of food, bedding, clothing, or even education or

indulgences, to b e given gr atu itously, b ut allto b e madeexchangeab le, atfixed r ates, at the pr isoner s’ own Option

,

for mar ks pr eviously ear ned ; it being under stood, at thesame time, that only those shall count towar ds libe r ationwhich remain over and abov e all so exchanged ; thepr isoner s being thus caused to depend for eve ry necessaryon their own good conduct ; and their pr ison - offences to be

in like manner r e strained by cor r esponding fines imposedaccor ding to the measur es of each.

” The use of marks,which thus play the par t of mon ey, wasfir st intr oduced byCaptain Maconochie in Norfolk Island. Descr ibing thewor king ofhis method,he says

First, it gave me wages and then fines. One gave me willing and

progressively - skilled labour er s, and the other saved me from the necessity ofimposing brutaland demoraliz ing punishments My form of moneynex t gave me schoolfees. I was most anx ious to encourage educationamongmy men , but as I r efused them rations gratuitously, so I would notgive them schooling either , but compelled them to yield marks to acquir e it.

I never saw adult schools make suchrapid progress My form

of money nex t gave me bailbonds in cases of minor or even gr eat ofl ences ;a per iod of close impr isonment being wholly or in part r emitted in con

sideration of a sumcient number of other pr isoners of good characterbecoming bound, under a penalty, for the improved conduct of the culpr it.”Even in the establishment of a sick- club and a bu r ial

club, Captain Maconochie applied “the inflexible pr inciple

of giving nothing for nothing.

” That is to say, he r e, asth roughout,he made the discipline of the pr isoner s as

1 76 m acs -n ews.

mnehlike the discipliue ol‘

ordinary life as poafl le z let

from the ir conduct— a principle whichhe r igb tly asser ts is

the only true one.What wer e the efiects l The extremedebasement of Norfolk Island convicts was notorious ; andou a pr eceding page we hnve descr ibed some of thehor r ible snfie r ings infiicted on them. Yet shr ting witbthem most demoralised of criminals, Captain Maconochiecha ined highly- favourable results. “ In four years,

”hesays, I discharged 920doubly - convicted men to Sydney,of whom only 20, or 2 per ce nt., had been r e - convicted upto January, while , at the same time , the ordinaryproportion of r e - convicted Van Diemen ’

s Land men,

otherwise tr ained, was 9 per cent.“Captain Maconochie ,

”

writes Mr . Harris inhia Settlen and Concich, “dld mor efor the re formation of the se unhappy m tchcs, and

ame lioration of the ir physical circumstances, than themost sanguine practical mind could beforehand have ven

tur ed ev en tohope.” Anothe r witness says—J ‘a r eformationfar gr eate r thanhas been hitherto effected in any body of

me n by any sysM eithe r befor e or after you r s,has takenplace in them.

” “A.s pastor of the island, and for two

year s a magistr ate, l can pr ove that at no per iod was

the re so little crime, writes the Rev. B. Naylor. And

Thomas H . Dixon, Chief Superintendent of Convicts inWestern Austr alia, who par tially introduced the systemthese in lM asser ts that not only was the amount of

work dcne under it ex tr aordinary, but that “ even althoughtbe character s of some of the pany wcr e by no mm s

good pr evionsly (many of then being neu whose licenceahad bcen r evoked in England), ye t the tr anaformation

Government all along r efused to give any fix ed value

to thc marks as a meens to liber ation) ; what might bo

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178 r um - n ines.

r eally a mir acls,” is achieved by a system most nearly

conforming to those dictate s of absolute morality on which

sclfqmppcr ting. They ar e subject neither to gratuitous

penalties nor uuuecesmry restrictions.While made to earntheir living, they ar e allowed to pur chase suchenjoymentsas consist with the ir confinement : the avowed principlebe ing, in the wor ds of Colonel Montesinos, to “ give asmuch latitude to their fine agency as can b e made con

formable to discipline at all.” Thus they ar e (as we foundthat equity requir ed they should be) allowed to live as

as ar eneedful for the safety of the ir fellowwitisens.To us it appears extr emely significant that there should

be so close a correspondence between a pn'

on'

conclusions,and the results of experiments tried without reference tosuch conclusions. On the onehm d, neither in the doctrinesof pure equity with which we set out, nor in the corollariesdrawn from them,

is there any mention of criminalrefor tnation : ou r concern has been sole ly with the rightsof citizens and convicts in the ir mutual re lations . On theother hand, those who have carried out the improved penalsystems abov e described, have had almost solely in viewthe improvement of the offender : the just claims of society,and of those who sin against it, having been left out of

the question . Yet the methods which have succeeded so

marvellously in decreasing criminality, ar e the methodswhich most nearly fulfil the requirements ofabstract justice .

That the moet equitable system is thc oue best oaloulatedto reform the odender , may indeed be deductively shown .

The internal°ex per ience of eve ry one must prove tohim,

that excessive punishment begets, not penitence, but indignation and hatr ed. So long as an aggr essor sufier s nothingbeyond tho evils whichhave uatu r ally r esulted iromhismisconduct —ao long ashe perceives thathis fellowome n

have done no more thau wss needful tor sell- defencs—hs

mum r r n xcs. 179

has no excuse for anger ; and is led to contemplate hiscr ime and his punishment as cause and cfiect. But if

gratuitous sufier ings ar e inflicted on him, a sense of

injustice is produced. H e r egar ds himself as an injur edman . He cherishes animosity against allwho have br oughtthis har sh tr eatment on him. Glad of any plea for forgetting the inju r yhehas done to othe r s

,he dwells instead on

the injur y others have done to him. Thus nu r tu r ing a

desir e for r evenge r athe r than atonement,he r e - ente r s

society not better bu t wor se ; and ifhe does not commit

furthe r crimes, ashe often does,he is restrained by the

lowest of motives— fear . Again , this industr ialdiscipline,to which cr iminals subject themse lves unde r a pur e lyequitable system, is the discipline they especially need.

Speaking gener ally, we ar e allcompelled to wor k by thenecessities of our social existence . For most of us thiscompulsion sufices ; but ther e ar e some whose ave r sion to

labou r cannot be thus ove r come . Not labou r ing,and yet

needing sustenance, they ar e compelled to obtain it in

illegitimate ways ; and so br ing on themse lves the legalpenalties. The cr iminal class being thus in gr eat par tr ecr uited fr om the idle class ; and the idleness being thesour ce of the cr iminality ; it follows that a successfu ldiscipline must be one which shall cur e the idleness. Thenatu r al compulsions to labou r hav ing been e luded, thething r equir ed is that the offender shall be so placed thathe cannot e lude them. And this is just what is doneunde r the system we advocate . Its action is such thatmen whose natures ar e ill- adapted to the conditions of

social life, br ing themse lv es into a position in which a

bette r adaptation is for ced on them by the alte r native of

star vation . Lastly, let us not for get that this disciplinewhich absolute mor ality dictates, is salutary

,not on ly

because it is industr ial, but because it is voluntar ily industr ial. As we hav e shown , equ ity r equir es that the confinedcr iminal shall be left to maintain himse lf— that is, shall be

180 misonn srmcs.

loft to work muchor htt and to taks the cousequent

plenitude or hunger. When, therefore , under this sharpbut natnralspur , a pr isonsr begins to ex sr thimsell,hcdoes so byhis own will. The prooess whichleadshim intchabits of labour , is a process by whichhis solf- contr olfistrengthened ; and this is what is wanted to makehim a

bette r oitioen . It is to uo purpose that you makehim workby ex te r ualcoercion 3 for whsuhe is again fr ee, and thecoercion absent, he will be what he was befor e. Thecoercion musthe an intennalone , whiohhe ahall car rywithhim out of prison. It avails little that you for cehim to work3he must forcehimself to work. And thishe willdo, only whcn placed in those conditions whichequity dictates.

H e r e , then,wefind a thir d crder ofevidences. Psychology suppor ts our conclusion. The var ious exper imenmabove detailed, carried out by men whohad no politicalor ethical theories to propagate , have established factswhichwe find w be quite w ncor dang not only withthedeductions ef absolute morality, butalso withthe deductiousof mentalsmence . Socha oomb ination of did

'

e r ent kinds

And now let ns try whcther , by putsuing somewhatfur the r the method thus far followed, we cau see our wayo the development of cor tain improved systsms whichare

Equity n quir es that the mstraint of the cr iminalshallbe aagr eat as is needfulfor the saiety of societn hut notgreater. In n spwt to the qaality of the m traint the r e islittle dificulty in inter pr eting this r equir ement , but the reis conside rable dificulty in deciding on the duration of therestraint. No obvious mode pm ents iwelf offinding out

how long a tr ansgm or must beheld in legalbondags, to

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182 r inses - n ews.

ut a method that is in gr eat measur e self- acting ; and

therefore less liable to be vitiated by err or s of individualjudgment or feeling.We have seen that were the injunctions of absolutemorality obeyed, every tr ansgressor would be compelled tomake restitution or compensation . Throughout a considerable range of cases, this would itself involve a period of

r estn int varying in proportion to the magnituds of theofience . It is true that when the malefsctor possessedample means, the making restitution or compensation wouldusually be tohim but a slight punkhmcnt. But though inthese comparatively few cases, the regulation would fallshor t of its object, in so far as its efiect on the criminal wasconcerned, yet in the imuiense majority of cases—v in allcases of aggressions committe d by the poorer membersof the community—it would act with eficiency. It wouldinvolve pe riods of detention that would be longer orshorte r according as the inju r y done was greate r or less,and according as the transgressor was idle or industrious.

And although between the injury done by an ofiender andhis mor al turpitude , there is no constant and m et propor o

tion, yet the greatness of the injury done , afiords, on the

sve r uge of cases, a bettermeasure of the discipline required ,

than do the votes of Parliamentary majorities and theguesses of judges.But our guidance does not end her e . Au endeavour stillfurther to do that which is strictly equitable , will carry ussn

'

llnear er to a correct adjustment of discipline to delino

quency. When,having enforced restitution, we insist ensome sdequste guar sutee that society shallnot sgain be

injured, and accept any guarantee that is sufficient, weopen the way to s self-acting r egulator ofthe per iod ofdetention. Already our lsws sr e in many cases satisfied withsecurities for futu r e good behaviour. Already this systemmanifestly te nds to separate the mor e vicious from the lessvicious ; seeing that, on the average, the dilliculty d fiud~

PRISM - M ICE.

ing secur ities is gr eot in pmpor tion as the char acter is bad.

le t us be mor e specific .

into aceount thece se ver al elements, the judge t

we not fairly say that if the cmr ent opinion r especting a

convict’s char acter could be brought dir sctly to bear in

qualifying the statutory senten ce , instead of be ing broughtindir ectiy to b ear , “

suchtestimony, must be less accu rate than the estimate

and em»

is judgment shallbe taswd

A very sdmple me thod od

filledhis task of making r ee titu tion or compensation, let it

be possible for cn e or other of those whohave knownhim, to

takehim cut of confinemenhon giv ingadequate bailforhis

184 r aises - t rams.

bc of good characte r and means ; let it be competant for

such a one to libe rate a pr isone r by beiug bound onhisbehafitw a smcific sum or by unde r taking to make good

any inju ry whichhe may do tohis fe llow- citiaens within sspecified per iod. This willdcubtlessbc thought a star tliugproposal.We shall,hcweve r ,find good r eusous to believe

it might be aately acted on— nay,we shallfind factspr ovingths auccess of a plan that is obviously lees aafe.

Under such an am ugement, the liber etor and the convictwould usually stand in the r elstion cf employer and em

ready towork for somewhat lower wages thanwer e nmalin

their occupation ; and those who became bound for them,

besides having this economy of wages as an incentive,would b e in a maune r guarante ed by it against the r isk

under taken. In working for less money, and in be ingunder the sur veillance ofhis master , the convict would still

be unde rgoing a mitigate d discipline. And while, on thecached,he would be put onhis gcod behavicur by theeonsciousness thathis maste r might st any time cancelthscontract and su r r ender him back to the author itiea,hawould, on the otherhaud,have a r emedy sgainsthismaster ’shar shness, in the opticu of r etur ning to prison, and thcremaintaining himse lf for

'

the r emainde r of bie te rn .

Obser ve, nex t, that the difllculty of obtaining suchccnditionalr elease would vary withthe gravity ol' the clfenccwhichhad been committed. Men guilty cfheinous cr imeswould remain in prison ; for none would dare to bwome

responsible for their good behaviour. Any one convicted aseccnd time would r emain unbailed ior a muchloagsr per iod

one bound for him,he would not agaiu be so soon ofler ed

the oppor tunity ol’doing the like : cnlyaiter along per icd ofgod behavim r tesfifiedhby pfisonoficerg wouldhe belikely to get ancther chance Conver sely, thcscwhcse transgmfiou wm m t sefioua and whohad usually becn well

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186 ram s -mules.

any one of its number who gave a conditional release, woulddo so athis own peril.And now mar k that all the evidence forthcoming to

prove the safety and advantages of the “ intermediatesystem,

” proves, still more conclusive ly, the safety and

advantages of this system which we would substitute forit.What we have descr ibed, is nothing mor e than an

intermediato system r educed to a natural instead of an

artificial form— carried out with natural checks instead ofartificial checks. If, aaCaptain (”A -oftenhas ex pe r inwutallyshown, it is safe to give a prisoner conditional liberation,on the str engthof good conduct dur iug a cer tain per iod of

prison- discipline it is eviden tly safer to let his conditionalliberation depend not alone on good conduct while unde rthe eyes of his jailors, but also on the characterhehadearned during his previous life. If it is safe to act on thejudgments of oficials whose experience of a convict’sbehaviour is comparative ly limited, and who do not sufferpenaltie s when their judgments ar e mistaken then , tanninfe stly, it is safer (when such oflicials can show no reasonto the contrary), to act on the additional judgment of onewhohas not only had better opportunities of knowing theconvict, but who will be a se r ious loser if his judgmentroves erroneous. Further, that surveillance ov er each

conditionally- liberated prisoner, which the “ intermediatesystem ”

exercises, would be still better exercised when,instead of going to a strange master in a strange distr ict,thc pr isoncr went to some maste r inhis own distr ict ; and,nnder snchcircumstances, itwould be easier to get information r espectinghis after - career. Thar c is every reason

to think that this method wouldhe workablc. If, ou therecommendation of the ofiice rs, Captain Croftou’s pr isone r sobta in employers “who have on many occasions returnedfor othen , in consequence of the good conduct oi thoae atfirst engaged ;

”stillhetter would be the actiou of the

system when, instead of the employers having“every

falcon- ru nes . 187

facility placed at their disposal for satisfying themse lves asto theantecedents ofthe convict,” they were already familiarwith his antecedents.

the only one which, while du ly consu lting social safety, isalso entire ly just to the pr isoner. As we have shown , therestraints imposed on a criminal ar e warranted by absoluteequity, only to the extent needful to prevent furthe rWane on his fe llow-men ; and whenhis fellow- men

him. Hence , when a prisoner has worked outhis task of

making restitu tion, and, so far as is possible, undone thewronghe had done, society is, in str ict justice, bound toaccept any arrangement which adequately pr otects itsmembers against further injury . And if, moved by theexpectation of pr ofit, or other motive, any citizen suflicientlysubstantial and trustworthy, will take on himse lf to holdsocietyharmless, society must agree tohis pr oposal. Allit can rightly require is, that the guar ante e against contingent injury shallbe adequate ; which, of cour se, it nevercan be wher e the contingent injury is of the gr avest kind.No bail could compensate for murder ; and therefore againstthis, and othe r extr eme crimes, society wou ld rightly refuseany such guarantee, even if offered, which it would be veryunlike ly to be .

Such, then, is ou r code of prison - ethics. Such is theideal which we ought to keep ever in view when modifyingour penal system. Again we say, as we said at the outse t,that the realisation of such an ideal wholly depends on theadvance of civilization. Let no one carry away the impression that we regard all these pure ly equitable regulationsus immediate ly practicable . Though they may be partiallycarr ied out, we think it highly improbable that they cohldat present be carried out in full. The number of ofiender s,the low aver age of enlightenment, the ill- working ofadminis

60

188 rm on - srmcs.

oficials of adequate in te ll igence, good fee ling,

could not be worked,judicious, hone st, and

wou ld entail a diminu

fore re latively right.Neverthe less, as we have en

immensely important that, whiletively right, we should keep thein visw. True as it is that, in

qualified by ourit is not the less

we have cited. In other cases,discipline, the evidence shows

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190 raises -m .

Society d’

Ar ts in 1872, Dr. Mount, after describing an

exhibition of grail - manufactures he ld in Calcutta in 1856,urges

“that every pr isouer sentenced to lsbour shonld be

made to r epay to the State the whole cost of his punish

much as possib le, schools of industry, as combining, morecompletely than can be efiected by any other system, thepunishment of the ofieuder , with the protection of society .

”

He then goes on to show whathave beeu the r esults of

m m m w m m m am m fimm fl ywhhmfim fla dww ucfimmom td prodmfiomm inm d numhq

‘66

m‘68‘09”10

In alhnsarlyhalf a million d monay. lu lM ths accounts wcrs mada

up tor ouly sight muntha to inncdues ths calandar in placs d tha omeialyuanwhichsndsd ou thcwthoftprfl .

“ 1! tha limlts d fima and w pu nfiM I conld ahow yuu in minnta

Bac la in Lower Bengal for 15 year s, and as, dur ing thatperiod,he had underhis control an average of

pr isonera it may, I think, be he ld thathis cxper isnoes

have been to le rably exte nsive, and that a system justifiedby such experiences is worthy of adoption. Unfortunate ly,however, men pooh- pooh those experiences which do not

Ihave cccasionally vented the paradox that mankind go

PRISON- ETHICS.

r ight only when they have tr ied all possible ways of goingwr ong : intending it to b e taken with some qualification .

Of late, howeve r , I have obse r ved that in some r espectsthis par adox falls shor t of the tr uth . Sundry instanceshave shown me that even when mankind have at lengthstumbled into the right cour se, they often de liberately r etur nto the wr ong.

THEETHICS OF KANT.

called for thby attacks on me made in m y: published in

M numbers of t)“ For tnightly Re view— sn ag: in whichthe Kmlian ryd cm cf et/wia woc lcsded ucw sapefior lcths cydm oj abicc defended by mc. The last ssclion m appeun

fw thsflrd timsJ

Ir, before Kant uttered that often - quoted saying inwhichn riththe stars of H eaveuhe coupled the consciencs

of Man, as being the two things thst e x citedhis awe , “

that the conscience of Man is not wonder ful enough, whatever be its supposed genesis ; but the wondsr fulnsss of itis of a difier ent kind according as ws assume it tohavebeen supe r-naturally given or infer that ithas beeu naturally evolved. The knowledge of Man in that large sensewhich An thropology expresses, had made, in Kant

’s day,

but small advances. The books of travel were re lative lyfew, and the hats which they contained concerning thehumau mind u ex iafing in difier ent m had not bssn

gather ed togethe r and gensr alised. In cur days theconsciencs of Mamas inductively knowu,has none of thatunivu uhty of pr u cnw w d unity of natur q whichx ant’asayiug tacitly assumes. Sir John Lubbockwdtes r

u n m xm m mm m am m u m »b m

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194 m n mcs or n irr .

very str ong sense of duty on this savage.” That char aoter whichthe creed of Christendom is supposed to fosteris exhibited in high degree by the Arafuras (Papuaus) wholive in peace and brotherly love with one another ”‘

l‘

to

such extent that government is b ut nominal. And con

cerning various of the Indian Hill - tribes, as the Santals,Bowrahs, Mar isa, Lepchas, Bodo and Dhimfl s, difier entobn r ver s testify of them sever ally that “

they wer e themost truthful se t of men I ever me t,

”1 cr ime and criminal

cmccta ar e almost “ a pleasing feature intheir character is their complete “ theybear a singular char acte r for tr uthfulness andhonesty,”deed and Ir respective of race, we find thesetraits in men who ar e, and have long been ,

absolute lypeacefu l (the uniform antecedent), be they the Jakuns of

the South Malayan Pen insula, who “ar e never known to

steal anything, not even ‘

the most insignificant aide/Q t orbe it in the Hos of the Himalaya, amongwhom “a reflectionon a man’s honesty or veracity may be sufiicient to sendhim to So that in r espect of consciencethese nncivilised people ar e as super ior to ave rage Eur cpeans, as aver ags Eur opeans ar e euper icr to the b r utal

Had Kant had these and kindred facts before him,

M p 1“. W“Dcumc.

” Earl‘s tranllation.yp Jfl .

Q M 9 317.

-.p. u

fl m um m q w q tm mm ama n atx a n u .

Campw tn

9 160.

itfilWt jW‘M Wq/M nfig pmn an n r am ia e- m m fin amu Oct a n e-su m sm qm p m

1 1 11 n ame or n ur . 195

his conception of the human mind, and consequently hisethical conception, would scarce ly have been what theywe r e . Believing, ashe did, that one object of his awe— thestellar Universe— has been evolved,he might by evidencelike the foregoing have been led to suspect that theother object of his awe—the human conscience— has beenevolved, and has consequently a real nature unlike itsapparent nature.

Ear the disciples of Kent living in our day there can b e

made no such defence as that which may be made for theirmaster. On allsides of them lie classes oi facts of variouskinds, which might sumce to make them hesitate, if nothingmore. Her e ar e a few sucholasses of facts.Though, unlike the uncultured, who suppose everything

known that multitudincus substances which seem simpleare really compound, and often highly compound ; yet,until the time of Sir Humphrey Davy, even chemists hadbelieved that cer tain substances which resisted all theirpowers of decomposition,

’

wer e to be classed among theelemcnts. Davy,however, by subjecting the alkalies to8 force not before applied, proved that they ar e oxidesof metals ; and, suspecting the like to be the case withthe earths, similarly proved the composite nature of thesealso . Not on ly the common sen se of the uncultured, butthe common sense of the cultur ed was shown to be wrong.

Wider knowledge has, as usual, led to greate r modesty,

the ao - called e lemen ts ar e e lementary. Contrariwise, iacreasing ev idence of sundry kinds leads them to suspect

Alike to the labourerwho digs it out and to the carpenterwho uses it inhis workshog a piece of chalk appear s a

thing than which nothing can be simpler ; and ninety- nine

people out of a hundr ed would agree with them. Yet a

196 r e s n ews or am .

piece of chalk is highly complex. A microscope shows it

to consist of myriads of shells of Fb r ammfero ; shows,further, that it contains more kinds than one ; and showa,fur ther still, that each minute shell, whole or broken, is

formed ofmany chambers, every one ofwhich once containeda living unit. Thus by ordinary inspection, howe ver close ,the tr ue natur e of chalk cannot be known ; and to one wbo

has absolute confidence inhis eyes the assertion of its true

Take again a living body of a seemingly uncomplicatedkind— s ay a potato. Cut it through and observe howstructureless is its substance . But though unaided visiongives this v erdict, aided vision gives a widely difi

’

e r ent one .

Aided vision discover s, in the first place , that the mass iseverywhere permeated by vesse ls of complex fixrmation.

Further, that it is made up of innumerable units calledcells, eachof whichhas walls composed of sever allayer s.

Further still. that each ce ll contains a number of starchgrains. And yet still fur ther , that eachof these grains isformed of layer within layer, like the costs of an on ion.

So that whe re ther e appear s perfect simplicity there is reallycomplexity within complexity.

From these examples which the objective world furnishe s,let us turn to some examples furnished by the subjectivewor ld— con s ci our states of consciousness. Up to moderntimes any one who

, looking out on the snow, was told that

impressions such as those giv en by the rainbow, would haveregarded his informant as a lunatic ; as would even now

the great mass of mankind. But since Newton’s day, ithas become wellknown to a r elatively small numw - thatthis is litsr altact. Not only may white light be resolved

by a prism into a number of brilliant colours. but, by anappropriate arrangement, these colours can be re combinedinto white light : the visual m u tica which seems pcrlectlyaimple pr oves to bshighly ccmpound. Tboae whohabit

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198 m m os or rm .

r entlySpace,he would possibly have been led to inqu ire whethe rthe consciousness of 8pm is not wholly composed of m

every por tion of it presents. And finding that cver y por »tion of Space, immense or minute , cannot be either knownor ccnceived save in some re lative position tc tbe conscioussubject, and that, besides involving the r elations of distance

ot’

r ight aud left, top and bottom, nesr e r and far ther ;he

that matr ix of phenomena we call Space,hss been built upin the course of Evolution by accumulated experiencesregistered in the nervous system. Andhadhe concludcd

this, he wou ld not have committed himse lf to the m ayabsurdities which his doctrine involves.*

Similarly, ii, instead of assuming thatccnscience is simplebecause it seems simple to ordinary introspection ,hehadentertained the hypothesis that it is perhaps complex—a

mainly by ancestor s and added to by se lf—he might bavoar r ived at a consistcnt system ol

'Ethics. That thehabitnal

aiter gener ation, may pr odnoe or ganic repugnance to suchthings and acts ,i

'

nright, had it been known tohim,havemadehim snspect that conscience is aproduct oi flvoluticn .

And in that case hia conception of it wonld not havebeen incongruous with the (acts above named , showing

difie rent races.In bfied, u almadyhnplied,had Kant, instead ofhia

evolutionar y a igio, but that tbe minda of living bcinga on

thcm, or at least ou one olthcm,havehad a aon- evolu.

t M JM .

i aa HWa d M Jm M -nfl m

r e s n ews or mm . 199

byEvolution,he would have been sav ed fr om the impos

Ethics. To the consider ation of these last,let us now pass.

Be fore doing this, however, something must be

said concerning abnormal reasoning as compared withnormal reasoning.

Knowledge which is of the highest order in respect ofcer tainty, and which we callexact science

, is distinguished

visions.“ It sets out with data, and proceeds by stepswhich, taken toge ther, enable it to say under what specifiedconditions a specified relation of phenomena will be found ;nnd to say in what place , or at what timmor in whatquantity, or allof them, a ce rtain efiect willbe witne ssed.

Given the factors of any arithmetical operation, and thereis absolute cer tainty in the re sult reached, supposing therear e no stumblings : stumblings which always admit of

detection and dispr oof by the me thod which we shallpresently find is pursued. Base and angles having beenaccurate ly measured, that sub - division of geometry whichis called trigonometry yields with certainty the distance or

the height of the object of which the pom'tion is sought.The ratio of the arms of a lever having

,been stated,

mechanics te lls us what weight at one end will balance anassigned we ight at the other. And by the aid of thesethree exact sciences

,the Calculus, Geometry, and Mechan

ics, Astronomy can predict to the minute, for each separateplace on the Earth, when an eclipse will begin and end

,

and how near it will approach to totality. Knowledge ofthis orde r has infinite ju stifications in the successful guidance of infinite ly numer ous human actions. The accountsof every trader, the operations of every wor kshop, thenavigation of every vessel, depend for their trustworthine ss

Bee Essay on Genesis ofScience.

200 m s n ews or mm .

on these sciences. The method they pursue, therefore,ver ified in cases whichpsss allhuman powe r to enume rate,is a method not to be tr anscended in cer tainty.

What is this method ? Whichever of these sciences weexamine, wefind the course uniformly pur sued to be thatof setting out with propositions of which the negations ar einconceivable, and advancing by successive depende ntpropositions, each of which has the like character- that itsnegation is inconce ivable . In a deve loped consciousness

(and of course I exclude minds of which the faculties ar eunformed) it is impossible to represen t things that ar e

equal to the same thing as be ing themse lves unequal and

in a developed consciousness, action and r em tion cannot be

thought of as other than equal and Opposite . In likemanner, every tow er s and every therefore, used in amathematical argument, connotes a proposition of which theterms ar e absolutely coherent in the mode alleged : theproof be ing that an attempt to bring together in consciousness the terms of the opposite proposition is futile. And

this method of testing, alike the fundamentalpropositionsand allmember s of the fab r ics of propositions raised uponthem,

is consistently pursued in verifying the conclusion,Inference and obser vation ar e compared ; and when theyagree, it is he ld inconce ivable that the inference is othe rthan tw o.

In contrast to the method which I have just described,distinguishable as the legitimate a pr im

-i method, there isone which may be called— I was about to say, the illegitimate a pr ior i method. But theword is not strong enoughit mnst be called the inver ted a pr ior imethod. Instead of

setting out witha propod tion of whichthe negation is

inconceivable,“sets out with a pr opceition of whichtheafiirmation is inm ceivahle ,and themfrompr ocecds to dr awconclusions. It is not consistent, however : it does not

continue to dn that whichit does atfir st. Hav ing posited

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202 m zm cs or rm .

by the quality of the end contemplated.Willitself, comsider ed apar t fr om any distingnishiug epithet, is not

Mor ality oulywhen it gains its character as good or bsd byvir tue of its contemplated end as good or bad. Ifany one

donbts this, lethim tr y whe ther he can think crf a good

willwhichoontemplates a bad and. The whole question ,ther efor e, centr es in the meaning of the wor d good. Let

us look at the meaningshabitnally given to it.We speak of good meahgood br ead, good wine ; by

conducing to healthconduce to pleasure . A good fir e,good clothing, a goodhouse, we so name because theyministe r e ither to comfort, which means pleasure, or gratifythe mathetic sentiment, which also means pleasure . So itis with things which mor e indirectly further we lfare, as

good tools or good rosds.Whenwe spesk ofa goodworlrmam a good te scher , a good doctor , it is the sameefliciency in aiding other s’ we ll - be ing is what we indirectlymean. Yet again, good government, good institutions.

they ex ist z benefits being equivalen t to cer tain kinds cf

happiness, positive or negstive. But Kant tells us that a

good willis one that is good iu and for itsolfwithout mfe rence to suds.We arc not to think of it as prompting acts

which willprofit the manhimself, either by conducing tohis health, advancinghis cultur e, or impr ovinghis inclinaptions ; for all thcse arc in the long r un conducive to

happincsg and ar e urged cnly for the r eu on thst they dothis.We m not to thinhof a win as good bcmnsq byfulfilment of it, fr iends ar e saved fr om sufier iugs orhavothe ir gwfifim ticns increased ; for this would involve

calling it good bscause of bencflcialeuds in view. Normust conducivencss to social ame lioration , present or

tntur e,bs taken into aocount when we attempt to concslvo

m r rmcs or mm . 208

a good will. In shor t we ar e to fr ame our idea of a goodwill without any mate r ialout ot' whichto fr ame the idea of

good : good is to be used in thought as an eviscer ated term.

He r e, then, is illustrated what I have called above theinverted apriorime thod of philosophizing the setting out

with an inconceivable proposition . The Kantian Meta

physics starts by asse r ting that Space is nothing b ut ” a

form of intuition— pertains wholly to the subject and not at

all to the object. This is a ver bally inte lligible proposition,

but one of which the terms cannot be put together inconsciousness ; for neither Kant, nor any one e lse, eve rsucceeded in br inging into unity of r epr esentatiou thethought of Space and the thought of Se lf, as be ing the on e

an attr ibute of the other. And here we see that, just in

something which seems to have a meaning but whichhasreally no meaning— something which, under the conditionsimposed, cannot be rendered into thought at all. For

ne ither Kant, nor any one e lse, ever has or ever can, framea consciousness of a good will when from the word good ar eexpe lled allthoughts of those ends which we distinguishby the word good .

Evidently Kant himse lf sees that his assumption invite sattack, forhe proceeds to defend it. He says“There is,howevsr . lomething so strange in this idea of ths absolute

value d the mer e wfll. in whichno aocom t is taken ot ihutility. thatnotwithmudlng ths thm ughsssent ef sven ccmmonm sou to the idu flj .

yot a smpiciou must n ise that itmay puhapsm lly bs ths product d mer eMAnd then to prepare for a justification,he goes on to say

“ lu thc physicalconstitution of an organiasd bsing we m umc it n a

tundamsntalprinciplo tln t no organ tur any purposawillbe tound in it but

what is also thsfittest snd bsat sdnpted tor that purposs ” (pp. 18

Now, even had this assumption been valid, the argumen the bases upon it, far - fetched as it is

,might be considered

of very inadequate str ength towar r ant the supposition thatthere can be awillconceived as good without any r efer e tce

204 ms t r ance or u m .

to good ends. But, unfortunately for Kant, the assumptionis utte rly invalid. In his day it probably passed withoutquestion ; but in ou r day few if any biologists would admitit. On the special- creation hypothesis some de fence of

the proposition might be attempted, but the evolutionhypothesis tacitly negatives it entire ly. Let us begin withsome minor facts which militate against Kant’s supposition.

Take, fir st, rudimentar y organs . These ar e numerousthroughout the animal kingdom. While repre sentingorgans whichwe r e of use in ancestr altypes, they ar e of

no use in the types possessiug them ; and, as being

r udimentary, they ar e of necessity imperfect. Moreover,besides being injurious by tax ing nutr ition to no purpose ,they are almost ce rtainly in some cases inju r ious by beingin the way. Then, beyond the argumentfrom rudimentaryorgans, the re is the argument from make- shift organs,whiohform a lar ge class.We have a conspicuous caae inthe swimming organ of the seal, formed by the appositionof the two hind limbs— eu or gan manifestly inferior to one

specially shaped tor its function, and one which, duringearly stages of the changea whichhave produced it, mnst

tion ia best shown by comparing a given organ in a low

type of cr catu r e withthe same organ in ahightype . Thealimentary canal, for example , in ve ry infer ior creatures isa simple tube , substantially alike from end to end, and

having thronghout allits par ts the same function. But in

mwphagug stomachhr stomachs), smalland large intcetines withfireir var ious appended glands pouring insecretions. Now if this last form of alirnentar y canalis to

be r egarded as a per foct organ, or something lihe it, whatshallwe ssy of the or iginaltorm ; and what ahallwe say of

allthou forms lying between the twof Ths vascular syatem.

thing bnt adilatation ofthe gmat blood vcssol-fl pul- tils

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206 m u mcs or n nr .

in low types of cr eatur es, and decr easing withthe ascenttohightypes, but still exemplified in the highest, anyonewho concludes, ashe may reasonably do, that Evolutionhas not yet reached its limit, must infer that most likelyno suchthing as a per fect or gan exists. Thus the basisof the argument by which Kant attempts to justifyhis

naked unthinkableness.*

One of the propositions contained in Kent’sfirst chapter‘ I nnd that in ths abon thm paragraphs lhava dous x anthu than

justios and mon than jufiot - lm in a- uming thathis svolufionarymwu limited to ths gmefis d om aidu ualM andm in a- umhflhathshad not eontmdictsdhimu lf. ly knowl-dgs d x ant

’s wrifiags is

sshansly limited. In mA a tranalation uthia crm I M Ru m

(thu lthinhlatsly publishsd) tsllinto myhaada.snd l rsad ths m mm w mm am m m z mm ma whichsauasd ms tolay thshook down. Twia aincs thsn ths sams thtngcu dlnalpoposifionaolaworklcan go no furfln r . Ons othc thinglhsw.

By indirectmfu sncss lwu mads awars that x anthad pmpmmded fln ideaw m m m m w ww w aw m .

Bayond this my knowhdcs olhis cona ptiom did not c tsnd ; and mysuppod tiou thathis svoludonary cona ptiunhad stoppad ahofl withthsM d M M m duo m ths M M hi- dm ot

M and am u torma d thmht u b a ding um implid aW M M M NWMWM Dr .

m m m m m mm am m ammWim hly. lm . unda toohto dstand tho m tian athles in tham m m mm m o’a m m m m mmin anew-r M assive article. translated sundryW from Ram'

s

d m m m q nm .m w m

ei ther - w isdom . M ac in ths fln t d tha aniol- ifiM M u hfihM M h- hhmu thm hmmt aot dna thayhan sald °°x ant md ntainsd that 8paea and fims mm fl m am m b m m m w m

m n ews or mm . 207

isfiat “wefind that the mor e a cultivated reason appliesitse lf with deliberate purpose to the enjoymen t of life andhappinesg so muchthe mor e does the man fail of truesatisfaction.

” A pr eliminar y remark to be made on thisstatement is that in its sweeping form it is not tr ue . Iasse r t that it is untr ue on the strength of pe rsonal ex periences. In the course of my life there have occu r r ed

which the pursuit of happiness was the sole object, and in

u mamtainiug that Spsce and Tims m jom otmtuifim one mayhe

M meanings whichthey do not r ightly m . Still. the gsneraldrift ot ths pau aces quotsd makes it tolerahly clsar that x ant musthavebelisved in ths opsration of naturalcauses u largsly. thoughnot sntimly,instrumentalin producing organic forms z sx tsnding this bslisfl whichhesays

“can banamed a darmg ventum of r sason ") in some measur s to the

origin ot uanhimsalf. He doss uot.howsvsr .sx tsnd the them'

y of natural

gonad - to ths sx clnsion otths thsory ohupsr naturalgsneaia.Whenhs spsahct an organiohabit “whichin the wisdom o£ natur e appeam to be thusam p d in ordsr thst ths speciss ahallbe preser n d fl and whsmmr thsr .M ths dsvalopmm t d thsm hs is du tinsd for aocialintarcom "hsimpliss divina inter vantion . And thia ahows that lwas justifisd in ascr ibing

whim the bd id that spam andm n torma ofthonght are supematural

endowments. Badhs concsivsd ot organic svolntion in a eonsistentmanne r ,bo would nscu sarilyhavs rsw ded Bpacs and Time as subjectivs torms

Beyond ahowhg thfl Km thad a parfii if not a complea halid in

crganicm lutionfihougb withno idea ot its cam s). ths pm ges translatsd

specially ccncsms ms to nofios as bsarM onhis theory ot " a good wilL"He quom applovingly nr .w slsctnm ahowing “ fl iat ths upright walkolman is oonstr ained and unnatural,

”and -howing the impor tact viscsral

ar rangu nsnts and conasquent diasasss whichresult z not only adopting. butIthsrs, thsn, thsrs is adistinct

M ar a thc u ser tit at varioushuman organa m impu ucflyadjustsd to thsir functiong what becomsa of ths postulate abovs quoted“ that no organ for any purpou will be tound in it but what is also thsM and best adapted for that purpose ?" And what bsoomsa ol thaargument whlshn ts out withthla postulats ? Clearly. lam indsbtsd to

Dr . 0arua for mahllngms to prova that x ant‘s dctsncs ofhia theoq od “a

nodwillfl ghyhiaown ahowing baselem.

208 m s n ews or m r .

fully, may be judged from the fact that I would gladly liveove r again each of those periods without change—e u

asse r tion which I ce r tainly cannot make of any por tions ofmy life spent in the daily discharge of duties. That whichKant should have said is that the ex clusive pursuit of what

pointing. This is doubtless true ; and for the obviousreason that it ove r -exercise s one group of fiaculties and

exhausts them,while it leaves unexercised another group

offaculties, which consequen tly do not yie ld the gratifications accompanying their ex ercise . It is not, as Kant says,guidance by “ a cultivated reason ” which leads to disappointment, but guidance by an uncultivated reason ; for acultin ted r eaaou teachea that continuous action of a small

part of the nature joined with inaction of the rest, must

But now, supposing we acceptKent’s statement in full,

what is its implication ? Thathappiness is the thing to be

For if not, what meaning is there in the statement that itwill not be achieved when made the immediate object ?One who was thus admonished might properly rejoin“ You say I shall failto gethappiueas if I make it theobject of pursuit? Suppose then I do not make it theobject of my pursuit ; shall I get it ? If I do, then youradmonition amounts to this, that I shallohtain it bette r if lpr oceed in some other way thau that I adopt. If I do not

get it, then I remain without happiness it I follow yourway

,just as much as if I follow my own, and nothing is

gained.

” An illustra tion will best showhow the matterstands. To a tyro in archery the instructor says Sir ,

you must not point your arrow directly at the targe t. Ifyou do, you willinevitably miss it. You mnst aimhighabove the wrget ; and you may then pon ibly pier ce thebull

’s eye .

” What now is implied by the warning and the

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210 m : t r ance or m r .

duta t towhiahmenhave no din ct inclin flosmertorminc thm Mthey ar e impelled theretohy some cther inelination. For in this eu e wo

can m dily disfinguishwhethe r the acticn whifit w withduty is dcnoM M . or tmm a seldshview. lt is mnohharder to mahthitdisfinotiou when the action acccrdswithdntymnd the suhjecthu hu id.a dtroct inolinatim to it. Pa m mphithalways amatter ct duq thu a

then is mnchocmmerca the pr udent trsdem an dou not om hm huthep - du d pr ice tor fl erym so that a child buyu othim u n fl u n y

other . Men are thushu a tb sem d ; but thhis not moughto mhus

helien that the tn desmanhu so actedhom dnty and tron pr incipl- d

honesty zhis own advm tage requir ed itfl t is out ot the quu tion in thism e tomppoee that be might besidn hn s a direct inclination inhm ol

the tm w that u itm b cm lofl he ahould gin no adm hp to

one over another fl]. Aooordingly the aetion wu done nsithc trom dnqm b om dhect mchmfim but men ly witha u lfishview. On the otheraho a dir ect inolination to do oo. But on this scconnt the otten anx ious

w e whiohmost men taks tor ithu no inninsiowormand thoir mn imhas nomou limport. They pn eer ve their lits u M M no douht.m m m m m On ths Mhn hant fl admfiQ Qndhopd esor rowhsva eomphtelyhken am tho relishtcr lite fl t tlu unlor tnnmm m nm w u w w m m m a mwhhu he d yd m his lihwithout b vtm it—tinelinstion or tear . bmtrom duv—thenhis mn imhu umon lwoah.“To be bond oan whm we ean is a duty ; andhedda thh, there m

and can take dafight in tbe nw on d otha s n ht u iththd r mwork. But lmfimd n thn in weha m o m ufim d thhm mpmper .hom amiable it may be.hu m theleu no m mou lworth.

Ihave given thia ex tr act at lengththat the r e may befu lly unde rstood the remarkable doctr ine it m bodies—a

doctfine espeeially r emarkable aa em plified in the lu tsentence . Let us now consider allthat it means.Befor s doing thighoweve r , lmay r emark that, spacepermitting, it might be shown clearly enough that theassumed dunnctxon

" hetwaen aense of duty and inchnatiou'

that the mentalstate eignified is a feeling ; and ifa feelingit mmthke othn feehnm be gn tifledhy acts ofone kind

and oflsnded by acts of an opposite kind. li we take the

r un n ews or user . 211

name conscience, which is equivalent to sense of duty, wesee the same thing. The common expre ssions “

a tende rconscience a sear ed conscience,

’indicate the perception

that conscience is a feeling — a fee ling which has itssatisfaction and dissatisfactions, and which inclines a manto acts which yield the one and avoid the other — producesan inclination . The truth is that conscience

,or the sense

of duty, is an inclination of a complex kind as distinguishedfr om inclinations of simple r kinds.

But let us grant Kant’s distinction in an unqualifiedform. Doing this, let us entertain ,

too,his proposition

that acts of whateve r kind done from inclination have no

mor al wor th, and that the only acts having moral worthar e those done from a sense of duty. To test this proposition let us follow an examplehe sets. Ashe would havethe quality of an act judged by supposing it universalized,le t us judge of mor al worth ashe conceives it by makinga like supposition. That we may do this effectually, le t usassume that it is exemplified not only by every man but byallthe acts of ever y man . Unless Kant alleges that a manmay be morally worthy in too high a degr ee, we mustadmit that the greater the numb er of his acts which havemoral worth the bette r. Let us then contemplate him as

doing nothing from inclination b ut everything from asense ofduty.Whenhe pays the laboure r whohas done a week’s work

for him,it is not because le tting a man go without wages

would be againsthis inclination, but solely becausehe sees

it to be a duty to fulfil contracts. Such care ashe takesofhis aged mother is prompted not by tender fee ling forhe r bu t by the consciousness offilial obligation . Whenhegiv es evidence on behalf of a man whomhe knows to havebeen falsely charged, it is not thathe would be hur t byseeing the man wrongly punished, but simply in pursuanceof a moral intuition showinghim that public duty requireshim to testiiy When he sees a little child in danger of

212 m n ames or m r .

being r un over , and steps aside to snatchit away,he doesso not because thought of the impending death of thechild painshim, but becausehe knows it is a duty to save

life . And so throughout, in all his re lations as husband,as friend, as citizen,he thinks always of what the law of

right conduct directs, and does it because it is the law ofright conduct, not because he satisfies his afiections or hissympathies by doing it. This is not all however. Kant’sdoctrine commits him to something far beyond this. If

sense of duty, we must not on ly say that the moral worthof a man is gr eater in propor tion as the number of the nctsso done is greater.We must also say thathismoralworthis gr eate r in propor tion ashis sense of duty makeshim dothe right thing not only apar t fr om inclination but againstinclination. According to Kant, then, the most moral manis the man whose aense of dnty is so str ong thathe r efrains

from picking s pocket thoughhe is much tempted to do it ;who says of another that which is true thoughhe wouldhhe to injur e him by a falsehood ; who lends money tohisb r other thcnghhe would pr efe r to seehim in distresa ; whofetches the doctor to his sick child though death wouldremove whathe feels toha s burden. What, now, shall wethink ofa world peopled with Kent's typimllymor al menmen who, in the one case , while doing right by one another,do it with indifier euce, and severally know one another tobe so doing it ; and men who, m the other case, do r ight byone another notwithstanding the pr omptings cfevil passionsto do otherwise , and who severally know themse lves surrounded by others similarly promptod l Most people will,I think, any that even in the firs t case life would be hardlybearable, and that in the second case itwould be absolute lyintolerable . Had such been men’s natures, Schopenhauerwould indeed have had good reason for nrging that ther aco should br iug itself to un end u quickly as pcu iblc.

Contemplato now the doings of oue whose“ according

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214 r ue n ews or u m.

direct cr iticism of the Kantian principle— the principle oftwquoted as distinctive ofhis ethics. Re states it thus rm M Wq M m a m m m w m u ab fl d ms m ooth.

"(pa st

Again, subsequently, we read 3“M u m s?" M m atWaum tim m fir M ohim m

“m ac aq u e” . Buohthen ls the tcrmhct an ahaolutaly gccdwill." moo.)H er e, theu, we have a clear statement of that which

constitutes the character of a good will; whichgood will,as we han dm dy seemis aaid to euist independently of

any contemplated end. Let us now observe how thistheory is reduced to practice . Speaking of a man who isabsolute ly selfish and yet absolute ly just, he representshim as saying r

" Lct evsryoneho u ham u heavcn plcm cr u he m mahhimu lt ;lwfihho noM u fim hhm m m yhhcnly ldo notwiahtc ecufi»

huie mythfng d ther tchls waltan cr tohis an istancs in dismu l Nowno

dw bt it sucha mode of thdnhfng m a unin n allam ths human mmight vsq weu mhfimw douhdeu m n m than in amhin wbichm one talks olsympsthy and gcod wflhor even taha m m nytc put it intc pcacticemut cn the othcn ida alco choatswhenhe camwme fighhct men or otha wiu v

‘lolam thcm. But althcughit is poumc

that a universallaw ct utma might cx id in aeoordancs withtlmtmsfim.

it ls impo- ihlo tc wmthat suoha pdneiphshouldhan tho unin n al

validity olalaw olnatur e. For a wfllwhichru oln d this would couhadictmelt inu muchas many cu u might occur in whichm wouldhan nu d

ot thc lcvo aud q mpathy cf othm snd fn whichby mehahw d nsturo.

M um his cwn 'fil'hc would dq rivehimu lfo‘anhcp d ths aidhcdesir es.” (m u

Thus we see illustrated the guidance of conduct in cou

formity withthe Kantian maxim ; and what ia the processof gmdance

‘

1 It is that of wnmd’

e r ing whahin tbe parficulu m q would be the r esult if the suggestcd cour se of

willing snchcondnct by the badness of the conoeived result.Now, in the fir st place, whather e becomec of the doctrineof a good will, whichwe ar e told ex ists “without pmng

m urmcs or m r . 215

any regar d to the efiect expected from it”? (p . Thegood will

, char acte r ised by r eadiness to see the act it

pr ompts made universal, has, in this particular case, as inevery other case, to be decided by contemplation of

end— ifnota speoialand immediate end then a general andr emote end. And what, in this case , is to be the deterren tfrom a suggested course of conduct? Consciousn ess thatthe resu lt, if such conduct were unive r sal, might be sufferingto se lf : there might be no aid when it was wanted. Sothat, in the first place , the question is to be decided by thecontemplation of happiness or misery as like ly to be causedby the one or the other cour se ; and, in the second place,this happiness or mise r y is that of the individual himse lf.Str ange ly enough, this pr inciple which is landed becauseof its appar ently implied altr uism

,tur ns out, in the last

r esort, to have its justification in egoism !The essen tial tr uth here to be noted, howev er, is that theKantian principle, so much vaunted as highe r than that ofexpediency or utilitar ianism, is compe lled to take expediency or u tilitarianism as its basis. Do what it will, itcannot escape the need for conceivinghappiness or miser y,to se lf or others or both, as r e spective ly to b e achieved oravoided for in any case what, except the conceived happiness or miser y which would follow if a given mode ofaction wer e made unive r sal

, can dete rmine the will for oragainst such mode of action ? If, in one who has beeninjur ed, ther e arises a temptation to murder the injure r ;and if, following out the Kantian in junction, the tempte dman thinks of himse lf as willing that all men who havebeen injured should murder those who have injur ed them ;

and if,imagining the consequences expe r ienced by man

kind at large , and possibly on some occasion by himse lf inpar ticular, he is dete r r ed from yielding to the temptstion what is it which detershim? Obviously the repr osentation of the many evils, pains, depr ivations of happiness,which wou ld be caused . If, on imagin ing his act to be

216 m n e ws or m .

universalized,he saw that it wou ld incr ease humanhappiness, the alleged deter r ent wou ld not act. H e nce the con

duct to be insu r ed by adoption of the Kantian maxim issimply the conduct to be insured by making the happinessof self or other s or both the end to be achieved . By implication, ifnot avowedly, the Kantian pr inciple is as distinctlyutilitar ian as the pr inciple of Bentham. And it falls shor tof a scientific ethics in just the same way since it fails tofur nish any method by which to dete rmine whethe r suchand such acts would or would not b e conducive to happiness—leaves allsuch questions to b e decided empir ically.

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218 swam : eutmen t rams.

could nothave been generalin a society wher e there was aliability to be one among the ten whose life- blood baptizedthe decks of a new canoe—a society in whichthe killiugeven of unofi‘ending persons was no crime but a glory ;and in which everyone knew thathis neighbour’s re stlessambition was to be an acknowledged murderer. Still,there must have been some moderation in murdering evenin Fij i. Or must we hesitate to conclude that unlimitedmurder would have caused extinction of the socie ty ?The ex tent to whicheachman’s possessions among the

Biluchis ar e endangered by the predatory instincts ofhisneighbours, may be judged from the fact that “ a smallmud tower is erected in each fie ld, where the possessorandhis retainers guardhis produce." If turbulent state sof society such as early histories te ll of, do not show us soviv idly how the habit of appropriating one another 's goodsinte rferes with social prosperity and individual comfort,yet they do not leave us in doubt respecting these results .

It is an inference which few will be hardy enough to

dispute, that in proportion as the time ol’ cochman, insteadof being occupied in further pr oduction, is occupied inguarding that whichhe has produced against mau nders,the total production must be dimin ished and the susten

tation of each and all less satisfactorily achieved . And it

is s manifest corollsr y that if eochpushes bcyond a ce r tainlimit the pr actice of tr ying to satisfyhis needs by robbinghis ne ighbour, the society must dissolve : solitary life will

A decessedh-iend ofmiue, nam ting incidents inhis lifo,told me that as s ycung msnhe sougbt to establishhimseliin Spain as a commission agent ; and that, tniling byex postulation or othcr means to obtnin poymsnt ficm one

whohad or dcrcd goods throughhim,hc, ns a lsst r ssour oe ,m t to thc msn'shonse snd prcsoutcdhimwlf bcfm himpistolinhsnd— a proccsding whichhad thc dcsir ed cfloct z

the account was scttled. Suppose ncw thst cn rywhm

assowr s som e“. m xcs. 219

contracts had thus to be enforced by more or less strenuousmeasures . Suppose that a coal- mine proprietor in Der byshire, having sent a train - load to a London coal- merchant,had commonly to send a posse of collier s up to town, tostop the man’

s wagons and take out the horses untilpaymenthad been made . Suppose the farm- labour e r or

the ar tisan was constantly in doubt whether, at the end of

the week, the wages agreed upon would be forthcoming ;or whether he would get only half, or whether he wouldhave to wait six months. Suppose that daily in eve ry shopthere occnrmd scuflles between shopman and custome r ,

the one to get the money without giving the goods, and theothe r to ge t the goods without paying the money. What insuchcase wouldhappen to the society? What would becomeof its producing and distr ibuting businesses ? Is it a rashinference that industrial cc - operation (of the voluntaryland at least) wou ld cease ?Why these absur d questions ? asks the impatientreader . Sur e ly everyone knows that mur der , assault,robbery, fraud, breach of contract, &c., ar e at variancewith social welfare and must be punished when committed .

”

My replies ar e several . In the fir st place, I am quitecontent to have the questions called absurd ; because thisimplies a consciousness that the answers ar e so se lf- eviden tthat it i! absurd to assume the possibility of any otheranswers. My second reply is that I am not desirous ofpressing the question whether we know these things, but ofpressing the questionhow we know these things. Can we

know them, and do we know them,by contemplating

the necessities of the case ?or must we have recourse toinductions based on careful observation and ex perience ” iBefor e we make and enfor ce laws against murde r , ought weto inqu ire into the social we lfare and individual happinessin places wher e murder prevails, and observe whethe r or

not the welfare and happiness ar e gr eater in place s wher emurder is rare ? Shall robber y b e allowed to go on until,

220 sssow r s romr rcu . n ews.

by collecting and tabulating the efiects in countries wher ethiev es pr edominate and in countries wher e thieves ar e

but few,we ar e shown by induction that prosperity is

gr eater wheu eachman is allowed to r etain that whichhe has earned? And is it needfulto pr ov e by accumu

lated evidence thatbr eache s of contract impede productionand exchange, and those benefits to each andallwhichmutualdepec e achieves? In the third place, these instanoes of

and its benefits, I give for the purpose of asking what is

sion— a car rying on oflife in a way whichdir ectly inter fereswith the carrying on of anothe r ’s life . The relationbetween efior t and consequent benefitmone mamis eitherdestroyed altogether or partially broken by the doings ofanothe r man. If ithe admitted that life can be maintained

on ly by ce r tain activities (the internal ones being univ er sal,

and the ex ter nalones being universal for all but parssitesand the immature), it must be admitted that when likenatured be ings ar e associated, the required activities mustbe mutually limited and that the highest life can resultonly when the associate d beings ar e so constituted asseve rally to keep within the implied limits. The restr ic

tions stated thus gener ally, may obviou sly be developedinto special r estr icticns refer ring to this or that kind of

conduct. Thess , then, Ihold ar e up1-ior i tr uthswhichsdmitoi be ing known by contemplation of the conditionsax iomatic tr uths whichbear to ethics s r elstion snalogous

to that which the mathematical axioms hear to theex act sciences.

I do not mesn that theseax iounatic u-

uths sr e coguisabls

eer tain msntaldiscipline ar e nesded. In tbe M s oa

Natur alPhilosophy by Professors Thomson snd'l‘sit flst

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222 assow r s rou rwu . tw ice.

they owe, and in most cam respect the claims of the weakas we ll as those of the strong— now that they ar e broughtupwith the idea that all men ar e equal before the law, anddaily see judicial decisions turn ing upon the questionwhether one citiz en has orhas not infringed upon the equalrights ofanothe r ; there exist in the general mind materials

of harmony depends on respect for the limits. Therehas

when lives are carried on in proximity ; and to see thatthere necessarily emerge definite se ts of restraints applying to definite classes of actions. And it has becomemanifest to some, thoughnot it seems to many, that ther oresults an a pr ior i system of absolute political ethics— a

system under which men of like natures, severally so

constituted as spontaneously to refrain from trespassing,may wor k together without friction, and with the greatestadvantage to each and all .“But men arc net wholly lib e—natured and ar e unliksly

to become so. Nor ar e they so constitu ted that each issolicitous for his ne igt claims as forhis own, andthere is small probability that they ever will be . Yourabsolute political ethics is ther e tor e an ideal beyond thereach of the real .” This is true . Neve r-thaw , much as itseems to do so, it does not follow that there is no uae for

absolute political ethics. The contrary may clearly enoughbe shoa'

n. An analogy willaxplain the paradox .

‘

abstract mechan ics or absolute mechanics— absolute in themuse that itapr opoaitionaar e unqualified. It is coneerned

with statics and dynamica in the ir pum forms—d eals withforces aud motions considm d as fr ee tr om allinter te r encos

propel-tin e?matter. If it enunciatea a law of motioo, it

m e t er s seam en . n ews. 223

recognises nothing which modifies manifestation of it.

If it formulates the properties of the lever it treats of thisw uming it to be perfectly rigid and without thicknessnu impossible lever. Its theory of the screw imaginesthe screw to be fr ictionless ; and in tr eating of thewedge, absolute incompressib ility is supposed. Thusits truths ar e neve r pre sented in experience . Even thosemovements of the heavenly bodies which ar e deduciblefrom its propositions ar e always more or less perturbed ; andon theEar th the inferences to be dr awn from them deviate

Nevertheless this system of ideal mechanics is indispensablefor the guidance of r eal mechanics. The engineerhas todeal with its propositions as true in full, beforehe pr oceedsto qualify them by taking into account the natures of thematerials he uses. The course which a projectile wouldtake ifsubject only to the propulsive force and the attractionof the Ear th must b e recognised, though no such course iseve r pur sued : correction for atmospher ic r esistance cannotelsehe made. That is to say, though, by empir ical methods ,applied or r e lative mechanics may be de veloped to a con

sider able extent, it cannot b e highly dev eloped without theaid of absolute mechanics . So is it here . Relative politicalethics, or that which deals with right and wrong in publicafi'air s as partially dete rmined by changing circumstances,cannot progress without taking into account right and

wrong considered apart from changing circumstancescannot do without absolute political ethics ; the pr opositionsof which; deduced fr om the conditions under which life iscarr ied on in an associated state , take no account of thespecial circumstances ofany par ticular associated state .

A nd now observe a tr uth which seems entire ly ov e rlooked ; name ly, that the set of deductions thus ar r ived atis ver ified by an immeasurably vast induction, or rather bya gr eat assemblage of vast inductions. For what e lse ar e

the laws and judicial systems of all civilised nations, and of

224 am m r otmw sr sws.

allsocietiea whichhavs r b en above savagery l What isthe meaning of the fact that allpeoples have discoveredthe need for pnnisln'

ng mur der , nsually by deathl‘ How ieit that where any considerab le progress has been made,theft is forbidden by law, and a penalty attached to it?Why along with further advance does the enforcing ofcontracta become gensrall

’ And what is the r eason that

aggr essions of var ious kinds ar e r epr essed in mor e or less

r igorous ways? No cause can be assigned save a gener al

uniformity in men ’s experiences, showing them that eg

gressions directly injurious to the individuals aggressedupon ar e indirectly injurious to society. Generation aftergeneration observations have forced this tr uth on them ;

and gene r ation after generation they have been developingthe interdicta into greate r detail. That is to say, the above

fundame ntal principle and its corollaries arrived at a prim-i

ar e ver ified in an infinity of cases a pocter ior i. Everywhe re the tendencyhas been to car ry fnr ther in practicethe dictate s of theory— to conform systems of law to therequirements of absolute political ethics : ifnot consciously,still unconsciously. Nay, inde ed, is not this truth manifestin the veq name med for the end ahned q mty mequalness ?Equalnese of what ? No answer can be giv eu

without a r eoognition— vague it may bo, but stilla r ecogui

tion- w i the doctr ine above set for th.Thus, inatead ot being deocr ibed as putting faith in

“ long chains of deduction trom abstr act ethical assumptions ” I onght to be deaor ib ed as putting faithin simple

deductions ficm abstract ethicalneoeu itieo ; whichdeduotions ar e verified by infinitely numerous observations andex per iences of aemiocivilined and civilhed mankind in all

ageo and placea. Or n ther lought to be deeu 'ib ed u one

who, comtempb ting the r estrain ts evsrywhm put on then fioua kinds of trm greu ions, and sedng in thom alla

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226 su m m er time.

LandpPu rchase scheme, Local Option, or the Eight- Hoursmovement. Rare ly does the m r d suggest lawM orm, or

a better judicial organization, or a purified police . And

if ethics comes into considen tiomit is in connex ionwiththe

or of e lectora l corruptions. Yet it needs but to look at

the definition ot pohtics (" that par tcfethia whichwnsiste

in the r egulation and gove r nment of a nation cr state, for

the prese rvation ci ita safety, peace, andsee that the cu r r ent conception fails by omitting the chie fpart. It needs hu t to conside r how r elatively immcnse

a factor in the life of eachman is ccnstituted by aafety of

person, secur ity ofhouse and property, and enfor cement of

claims, to see that not only the largest par t but the par twhich is vitalis left out. Bence the ahsur dity doea not

ex ist in the conception of an absolute politicalethics, but it

ex ists in the ignor ing of its subject- matter. Unless it beconsidered absurd to regard as absolute the interdictagainst mur der u burglary hand m d allother aggr esaiona.it cannot be considered absur d to r egard as absolute theethicalsystem which embodies these interdicta.

It r emains to add that beyond the dedncticm which, aswehave ssen, ar e ver ified by vast assemblages od indnctions,ther e may be drawn othor dednctions not thus ver ifieddeductions drawn from the same data, but which have no

r elevant ex per iences to say yea or no to them. Suchdeductions m y be valid cr invalid ; and I believe that inmyfixut worhwr itten for ty yem ago and long since wiw

But te r ejeot a pr inciple and a method becauae cf acme

invalid deduetim is abont as proper as it wonldhe topooh~poohar ithmetic becanae of blunder s in cer tain ar ith~

I tm m waqm fiw M e puH Wer , by ahd ubpoliticalethics, nothing more is meant than an ethical

p

assowu row len . srmcs.

warrant for systems of law— a qu estion to which, by implicaticu, l answered No. And now I have to answer that itextends over a fur therfie ld equally wide if less impor tant.For beyond the relations among citizens taken individually,there ar e the r e lations between the incorpor ated body ofcitizens and each citizen. And on the se relations betweenthe State and the man, absolute political e thics givesjudgments as we ll as on the re lations between man and man .

he judgments on the re lations between man and man ar e

corollar ies from its pr imary tr uth, that the activities of

each in pursuing the objects of life may be rightlyrestr icted only by the like activities of others : such othersbe ing like - natured (for the principle does not contemplateslave - societies or societies in which one race dominatesover anothe r ); and its judgmen ts on the relations betweenthe man and the State ar e corollaries from the allied truth,that the activities of each citizen may be rightly limited bythe incorporated body ofcitizens only as far as is needfulfor securing tohim the remainder. This furthe r limitationis a necessar y accompaniment of the militant state ; and

must continue so long as,besides the criminalities of

individual aggression, there continue the criminalities of

international aggression . It is clear that the preservationof the society is an end which must take precedence of thepreservation of its individuals taken singly since thepreservation of each individual and the maintenance ofhisability to pursue the objects of life, depend on the preser vation of the society . Such restrictions uponhis actions asar e imposed by the necessities ofwar, and of prepar ednessfor war when it is probable ,ar e ther efor e ethicallydefensible .

And he r e we ente r upon the many and involved questions with which re lative political ethicshas to deal. Whenoriginally indicating the contr ast, I spoke of

“ absolutepolitical ethics, or that which ought to be , as distinguishedfr om r e lative political ethics, or that which is at presentthe nearest practicable approach to it ; and had any atten

228 asscnm rom tcu r r s rcs.

tion been paid to thiadisfinctiomno ccntr over sy needhav earisen. Here I have to add that the quslifications whichrelative political ethics sets forth vary with the type of thesociety, which is pr imarily determined by the extent to

which defence.

against other societie s is needful. Whereinternational enmity is great and the social organisationhas to be adaptcd to warlike activities, the coer cion of

individuals by the State is such as almost to destroy theirfr eedom ofaction and make them alaves of the State ; andwhere this results from the necessities of defensive war (notofl’ensive war, howe ver), relative political ethics furnishes awarrant. Conversely, as militancy decreases, there is adiminished need both for that subordination of individualswhich 18 necessitated by consolidating them into a fightingmachine, and for that furthe r subofination entailed bysupplying thisfighting machine withthe necessar ies of lifeand as tast es this change goea on, the war rant for Statecoercion which re lative political ethb s furnishes becomesless and less.Obv iously it is cut oi the qnestienher e to ente r upon thc

complex que stions raised. It must sufice to indicate themas abov e . Should I be able to complete Part IV. of ThePrinciples ofEthics, treating of Justice,

”of which the

fir st chapters only ar e at pr esent wr itte n, Ihope to dealadequate ly with these re lations between the e thics of the

condition and the ethics of that conditionwhichia the gcalcfpr cgm a—a goalever to be recogniaed,

though it cannot be actually ru ched.

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230 m m xm nos .

and re ligion, which we decisive ly reject. Yet they heldthemwith a faith quite as str ong as ours : nay—s tronger, it

'

the ir intolerance of dissent is any criterion . Of what littleworth, therefore, seems this strength of my conviction thatI am right ! A like war r anthas been fe lt hy men alltheworld thr ough ; and, in nine cases out of ten, has proved adelusive warrant. Is it not then absurd in me to put somuch faith in my indw ents

Barren ofpractical results as this reflection atfirst sightappears, it may, and indeed should, influence some of ourmost important pr oceedings. Though in daily life we ar e

constantly obliged to act out our inferences, trustless asthey may be— though in the house , in the ofice, in thestreet, there hourly arise occasions on which we may not

hesitate ; seeing that if to act is dangerous, neve r to act at

all is fatal— and though, consequently, on our privateconduct, this abstract doubt as to the worth of our judgmen ts, must remain inoperative yet, in our public conduct,we may properly allow it to weigh. Here decision is nolonger imperative ; while the difficulty of deciding arightis incalculably greater. Clearly as we may think we see

how a given measure will work, we may infer, drawingthe above induction from human expe rience, that thechances are many against the truth of our anticipations.Whethsr in most cases it is not wiscr to do nothing,become s now a rational question. Continuing his se lfcriticism, the cautious thinker may r eason z—

" If in these

per sonalaflair sn vhe re all the conditions of the mse were

known to me , Ihave so ofte n miscalculatsd,how mnchoftoner shallI misoalcnlate in political afl

’

air s, where the

too obecnr e to be undm tood. Her e , doubtless, is a social

eviland there a dedde ratum ; and wer c lsur e ofdoing no

mischieflwould lor thwithtry to cur o the one and achieve

ovns- u crsmr xos . 231

the other. But when I remember how many of my privateschemes have miscar r ied — how speculations have failed,agents proved dishonest, marriage been a disappointmenthow I did but panper ise the re lative I sought to he lp—howmy car efu lly- governed son has tur ned out worse than mostchildr en—how the thing I desperately str ove against as a

misfor tune did me immense good—how while the objects Iardently pur sued brought me little happiness when gained

,

most of my pleasures have come fr om unexpected sou rces ;

when I r ecall these and hosts of like facts, I am struckwith the incompe tence of my intellect to prescribe for

society. An d as the evil is one unde r which societyhasnot only lived but grown, while the desideratum is one it

may spontaneously obtain, as ithas most othe r s, in someunforeseen way, I question the propr iety ofmeddling.

”

There is a great want of this practicalhumility in our

political conduct. Though we have less se lf- confidencethan our ancesto r s, who did not hesitate to organise in lawtheir judgments on all subjects whatever, we have yet fartoo much. Though we have ceased to assume the infallib ility of our theological beliefs and so ceased to enact them ,

we have not ceased to enact hosts of other beliefs of anequally doubtful kind. Though we no longer presume tocoerce men for their spir itualgood, we still think our se lvescalled upon to coer ce them for their materialgood : not

se eing that the one is as use less and as unwar rantable as

the other . Innnme rable failures seem, so far , power less toteach this. Take up a daily paper and you will pr obablyfind a leader exposing the cor ruption, negligence, or mis

management of some State - department. Cast your eye

down the n ext column, and it is not unlikely that you willread proposals for an exten sion of State - supervision .

Yeste r day came a charge of gross care lessne ss against theColonial ofice . To- day Admir alty bunglings are burlesqued. To- morrow brings the question Should there

232 ovu - tasxsu r ron.

nothe mor e coal- mine inspectors ?” Now ther e ia a com

plaint that the Boar d of H ealthis uselcss ; and ncw an

outcry for more railway regulation . While your ears ar estill ringing with denunciations of Chancery abuses, or

your cheeks still glowing with indignation at some wellexposed iniquity of the EcclesiasticalCour ts, you suddenlycome upon suggesticnl for organizing

“a pr ieathood of

science .

” He r e is a vehement condemnation of the police

death. You look for the cor ollary that oficialr egulation isnot tohe tr nsted ; when , instead, d propoo of a ahipwr eck,you read an urgent demand for gove rnment- inspectora tosee that ships always have their boats ready for launching.

Thus, while eve ry day chronicles a failur e, ther e every dayr eappeara the belief that it needs but an Act ofParliamentand a stafl of oflicem, to efieot any end desired. Nowhereis the per ennialfaitliof mankind better seen. Ev er since

society ex isted Disappointmenthas been preaching—“ Put

not your tr ust in legislation ;”aud yct the tr ust in legiala

Did the State fulfil efficiently its unquestionable duties,ther e would be scme cx cuse for thia eage rness to u aign it

further duties. Were ther e no complaints of its faultyadministration of juatice ; of its endless delays and untoldexpenses ; of itshr iuging r uin in place ot

'

rcstitution g of ita

playing the tyrant whcr e it aheuldhaveheen the protector—did we never hear of ita oomplicated atnpiditiea ; its

and whiohnot one fingl'

uhw dou kncw, ita multiplied

lorms, which, in the alort to mect evory contingency, open

ahown ita folly in the aystem of making every petty alter ao

iug acta; or in its acore of anccecsive aeta of 0hanoeryand dWM other , thM M cven Ohmcery lawyem know

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234 em - Lsowu r xcu.

excuse for expecting success in a new field. Grant thatthe reports about bad ships, ships that will not sail, shipsthat have to be lengthened, ships with unfit engines, shipsthat will not carry their guns, ships without stowage , andships that have to be br oken up, ar e all untrue—assumethose to be mor e slander er s who aay that the Mogm took

double the time taken by a commercial steamer to r eachtheCspe ; thatdnr ing the same voyage the Hydr owas thr ee timesonfir e, and needed the pumps kept going day and night ;that the Charlotte troop- ship set outwith75 days’ provisionson board, andwas thr ee months in reachingher destinationthat the Harpy, at an imminent risk of life, got home in1 10days fr om Bio— disregar d as calumnies the statementsabou t septuagenarian admirals, dilettante ship building,and cooked ” dockyard accounts— set down the adair ofthe Goldner preserved ments as a myth, and consider Professor Barlow mishken whenhe reported of the Admiraltycompasses in store , that at least one - half we r e mor e

and there would remain for the advocates of much govern~

ment ‘some basis for their political air- castles, spite of

military and judicial mismanagement.As it is, however, they seem to have m d backwards thepar able of the talents. Not to the agent ofproved efficiencydo they consign further duties, b ut to the negligent and

blundering agen t. Private e nter prise has done much, anddone it well. Private ente rprise has cleared, drained,and ter tilised the country, and built tha tcwns—hasexcavated mines, laid out roads, dug canals,and embanked

numerable—has built our ships, our vast manufaotor iea,the m spaper pr en

—haa cover ed the sea withlines of

steam - vesse ls, and the land with electric telegraph.

Private enta pr ise has br ought agriculture , manufactures,

ovr a- u oxsu r xos. 235

and commerce to their pr esen t height, and is now developing them with incr easing rapidity. Ther efore , do not tr ustprivate ente r pr ise . On the other hand, the State so fulfilsits judicial function as to ruin many

,de lude others, and

frighten away those who most need succour ; its nationaldefences ar e so extravagantly and ye t inefficiently administe r ed, as to call for th almost daily complaint, expostu lation,

or r idicu le ; and as the nation ’s steward

, it obtains fromsome of our vast public estate s a minus re venue . The r efore , trust the State . Slight the good and faithful se r vant,and promote the unprofitable one from one talent to ten.

Ser iously, the case, while it may not, in some respects,war r ant this paralle l, is, in one respect, even stronge r . For

the new work is not of the same orde r as the old, but of a

more dificnlt order. 111 as governmen t discharges its trueduties, any othe r duties committed to it ar e like ly to be stillworse dischar ged . To guard its subjects against aggression ,

either individual or national, is a str aightforwar d and

tole r ably simple matter ; to r egulate, directly or indir ectly,the personal actions of those subjects is an infin ite ly complicated matter . It is one thing to secure to each man theunhindered powe r to pursue his own good ; it is a widelydifferent thing to pursue the good forhim. To do the firstefliciently, the Statehas mere ly to look on while its citizensact ; to forbid unfairness ; to adjudicate when called on ;

and to enforce re stitution for injur ies. To do the lasteficiently, it must become an ubiquitous worker— must

know each man’s needs better thanhe knows them himself

- must, in short, possess superhuman power and intelli

gence . Even ,ther efore, had the State done well in its

proper sphere, no snflicient war rant would have existed forextending that sphere ; but se einghow illithas dischar gedthose simple emcee which we cannot help consigning to it

,

offices of a more complicated nature .

Change the point of view however we may, and this con~

62

236 ovas-u emar rou.

elusion still presents itself. If we define the primary Stateduty to be that of protecting each individual against other s ;then , all other State - action comes under the defin ition of

pr otecting each individual against himse lf— againsthis own

stupidity,his own idleness,his own improvidence, raahnsaa,or othe r defect—his own incapacity for doing some thing orothe r whichahould be done. Ther e is no questioniug thisclassification. For man ifestly all the obstacles that liebetween s man’s desires and the aatiafaction of them, ar e

e ither obstacles arising from other men ’s counter desires, orobstacles arising fr om inability in himself. Such of thesecounter desires as are just, have as much claim to satisfac

tion ashis ; and may not, ther efore,he thwarted. Such ofthem as ar e unjust, it is the State’s duty to hold in check.The only other possible sphere for it, therefore , is that ofsaving the individual from the consequences ofhis nature,or, as we say—protectinghim against himself. Making nocomme nt, at present, on the policy of this, and confiningourse lves solely to the practicability of it,let us inquirehowthe proposal looks whenreduced to its simplest form. Herear e men possessed of instincts, and sentiments, and potoepo

tions, all conspir ing to se lf- preservation. The due action of

each brings its quantum of pleasure ; the inaction, its moreor le ss ofpain . Those provided with these faculties in duepr oportions, prosper and multiply ; those ill- provided, tendto die out. And the general success of this human organi.nation ia aeen in the fact, that undcr it the wcrld has beenpeopled, and by it the complicated appliances and arrangements ofcivilised life have been deve loped. It is complained,however, that there ar e certain directions in which thisapparatus of motives works but imperfectly. While it isadmitted that men are duly prompted by it to bodily sus

te nanw , to the ob taiumeut of clothing and she lter, tomar riage and the w e ofoflwr ingmnd to the eatahliahmentof the more impor tant industr ialand comme rcialageucies ;it is u -

gned that thm ar e many dcaide rata, u purc air ,

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238 on e - snow men.

advocates of much gove rnment have to fall back, is, thatthings whichthe people will not un ite to sheet for personalbenefit, a law- appointed portion of them will unite to efiectfor the benefit of the rest. Public men and functionarieslove their neighbour s be tter than themse lves l The

of citizens !No wonde r , then, that ever y day sdds to the list of

legislative miscarriages. If colliery explosions incre ase ,notwithstanding the appointment of coalomine inspectors,why it is b ut a natural sequence to these false methods. If

Sunderland shipowners complain that, as far as tried, “ theMercantile Marine Act has pr oved a total failure ;

”and if,

meanwhile , the othe r class sfiected by it— the sailors—showtheir disapprobation by extensive str ikes why it does butexemplify the folly of trusting a theorising benevolencerather than an expe rienced se lf- inte rest. On allsides wemay ex peot suchfacts ; and on all sides we find them .

Sewer a’ Commission

,to drain London . Presently Lambeth

sends deputations to say that it pays heavy rates, and getsno benefit. Tired of waiting, Bethnal- green calls meetingsto consider “

the most effectual means of e x tmding thedrainage of the district." From Wandsworth come com

plsinwnts, who threate n to pay no more until something isdone . Camberwe l l proposes to raise a subscription and do

the work itself. Meanwhils, no pr ogress is made towardsthe purification of the Thames; the weekly returns show an

incr easing rate of mor tality ; in Parliament, the fr iends oftt cmmissionhave nothing sar e good intentions to urgein mitigation of censure ; and, at length, despairing

excuse for quietly she lving theOommission and its plans altogether f As architectu ral

0 Bo scmplsts ls ths fsilur s d this and otbn - nihr y bodig thag at flu

pru ne s moment M 1854) a numb- r olphihnthmpis m tlm srs

M M a“M M M M ” wuhths vfi- d m

on s- u uxsu n on.

sur veyor , the 8tate has scarcely succeeded better than asenginee r ; witness the Metropolitan Buildings’ A ct. New

houses still tumble down from time to time . A few monthssince two fe ll at Bayswater, and one mor e recently near thePenton ville Prison : all notwithstanding pr escr ibed thicknesses, and hoop- iron bond, and inspector s. It never struckthose who provided these de lusive suretie s, that it waspossible to build walls without bonding the two surfacestoge ther, so that the inne r laye r might be r emoved afte r thesurveyor’s appr oval. Nor did they foresee that, in dictatinga large r quantity ofbr icks than experience pr oved absolute lyneedful, they were simply insuring a slow dete r ioration of

quality to an equivalent exte nt.“ The governmen t guarante efor safe passenger ships answers no better than its guaranteefor safe houses . Though the bur ning of the Amazon arosefr om eithe r bad construction or bad stowage, she hadrece ived the Admir alty ce r tificate before sailing. Notwithstanding cficialapproval, the Adelaide was found, onherfir st voyage

,to steer ill, to have use less pumps, por ts that

let floods of water into the cabins, and coals so near thefur naces that they twice caughtfir e . TheW. 8. Lindsay,

which tu r ned out unfit for sailing,had been passed by thegovernment agent ; and, b ut for the owner, might have goneto sea at a gr eat risk of life . The Melbour ne—originally aState - bu ilt ship— which took twenty- four days to reachLisbon, and then needed to be docked to under go a thoroughrepair,had been duly inspected. And lastly

,the notorious

Austr alian, beforeher thir d futile attempt to pr oceed onhe rw m w m a m m ; mam m w mam”m m am mw sm nm mand Boards otGuardiaus

m u vhichc pa -iem hu dheovm d for m tisg it; w ard. oj the eonpao

The M remarh. that “ the m ovalof the brick-dufieahaa net yetprodnoad that improvement in the make olbr inhwhiehwe ought to find,

but u badwichcmhs obhined fa lu a than goodhfichso loug

ashousea bullt of the tormer willsellu readily u if tlu bettarhadheenM ao improvement is tohau paeted."

voyage , had,her owners tell us, received “the full appr obation of the government inspector.” Neither does the likesupervision give security to land- travelling. The ironb ridge at Chester, which, breaking, precipitated a train intothe Dee,hsd passed under the cfiicialeye . Inspectiou did

not prevent a column on the SouthEaste rn from be ing so

placed as to killamsn who puthishead out of the car r inge

so notwithstanding a State - approval given b ut ten dayspreviously. And—to look at the facta in the gmsa—thissystem of super vision has not prevented the incr ease of

railway accidents ; which, be it remembered, has arisensince the system was commenced.

“We ll ; let the State fail. It can bnt do its best. If it

succeed, so mnchthe better : if it do not, wher e is theharm ? Sur ely it is wiser to the chance of

success, than to do nothing.

”

of Parliament do not simply fai l ; they frequently makeworse . The familiar truth that persecution aids ratherthan hinders proscr ibed doctr ine s—a truth late ly afreshillustrated by the forbidden work of Ger vinus— ia a part ofthe general truth that legislation often does indirectly, the

agreed unanimonsly by the delegates fr om allthe pc ishesin [a dam and as was stated by them to SirWilliamMoleswor th, this act “haa encenragedhadhuilding, andhas been the means ofcover ing the aubur bs of the meh'opoliswiththonu nds ofwr etchedhov ehwhichar e adisgraceto a civilised country.

” Thus, also,hna it been in psovincialtowns. The NottinghamInclosur e Act ofl ypreacn

'

b

ing the str uctum of the houau w be buflg and the ex tentof yard or garden to be allotted to each,haa m der ed it

impossible tobuildworking-cla- dwellingaatsachm du ate

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242 ur n -m an ner .

for the most worthless projects. Having obtained it, anamount of public confidencehas followed which they cou ldnever otherwise have gained. In this way literallyhundreds of sham enter prises that would not else have seenthe light, have been fostered into being ; and thousands offamilies have been r uined who would neve rhave beeu so

but for legislative efiormwmahe them mor e secur e.

Mor eove r , when these topicd wmedies applied by

statesmen do not exacerbate the evils they were meant tosu re , they constantly induce collateeal evils ; and theseofte n graver than the original ones. It is the vice of thisempirical school of politicians that they never look beyondp roximate causes and immediate efiects . In common withthe uneducated masses they habitually regard each phenomenon as involving but one anteceden t and one con

sequent. They do not bear in mind that eachphenomenonis a link in an infinite serie s—4s the result of myr iads of

preceding phenomena, and will have a share in producingmyr iads of succeeding ones. Hence they overlook the factthat, in distur bing any naturalchain ofsequences, they ar e

not only modifying the result next in succession, but all thefuture re sults into whichthis will enter as a part cause .

The serial genesis of phenomena, and the interaction of

each series upon every other series, produces a complexityutterly beyond human grasp. Even in the simplest cases

this is so. A ser vaut who puts coals on the fir c secs butfew etheots fi'om the burning of a lump. The man of

science ,however , knows that there ar e ve ry mauy edects.

He huowa that the combustion establishes nume rousatmospheric currents

,and thr ough them moves thousands

of cubic test of air inside the houss and out. He knowsthat the heat diffused causes expansions and subsequentcontractions of allbodics witbin its rangc. Hs kaows thatthe pe rsons warmed m aflectod iu thsir rate of respiratiouand the ir waste of tissue ; and that these physiological

oval- t r em or . 248

changes must have var ious secondary results. He knowsthat, couldhe tr ace to their r amified consequences all theforces disengaged, mechanical, chemical, thermal, electricw ou ld he enumerate all the subsequent effects of theevapor ation caused, the gases gene r ated, the light evolved,theheat radiated ; a volume would scar ce ly suliice to ente r

them. If, now, from a simple inor ganic change suchnume rous and complex r esu lts arise ,how infinite ly multiplied and involved must be the ultimate conseque nces of

any for ce brought to bear upon society. Wonder fu lly constructed as it is— mutually dependent as ar e its membersfor the satisfaction of their wants— afiected as each unit ofit is byhis fe llows, not on ly as tohis safety and prosperity,but in his health, his temper , his cu ltur e ; the socialorganism cannot be dealt with in any one part, without all

other par ts be ing influenced in ways which cannot b eforeseen. You put a duty on pape r , and by- and- by findthat

,through the medium of the jacquar d-car ds employed,

you have inadver tently taxed figur ed silk, sometimes to the

extent of seve r al shillings pe r piece . On removing theimpost from br icks

, you discove r that its existe nce hadincreased the danger s ofmining, by preven ting shafts fr ombeing lined and wor kings from being tunne lled. By theexcise on soap, you have , it tu r ns out, greatly encouragedthe use of caustic washing - powders ; and so have unin

tentionally entailed an immense destruction of clothes. In

every case you perceive, on careful inquiry, that besidesacting upon that which you sought to act upon, you haveacted upon many other things, and each of these again on

many othe r s ; and so have propagated a multitude of

changes in all directions.We need fee l no su r pr ise, then,that in their efforts to cure specific evils, legislators havecontinually caused collate ral evils they never looked for .

No Carlyle’s wisest man , nor any body of such, could avoidcausing them. Though the ir production is explicable

enough after it has occur r ed, it in never anticipated.

244 on e - t r em ar xon.

When , under the New Poor olaw, pr ovision was made torthe accommodation of vagrants in the Unionnhouses, it washardly ex pected that a body of tr amps would be therebycalled into existence, who would spend their time in walking from Union to Union throughout the kingdom . Itwas

little thought by those who in past ge nerations assignedparish - pay fo r the maintenance of illegitinn te children,that, as a result, a faunly of such would by- and- by be

consider ed a smallfor tune ,’

and the mothe r of them a

desir able wife ; nor did the same statesmen see that, bythe law of settlement, they were organising a disastro usinequality of wages in difier ent districts, and entailing asystem of clearing away t ages, which would resu lt inthe crowding of bedrooms, and in a consequent moral andphysical deterioration. The English tonnage law waseusctcd simply witha view to r egulate ths mode d

measu rement. Its framers overlooked the fact that theywe re practically providing “ for the effectual and come

pulsory coustr ucticn of bad ships ;” and that “ to cheat

the law, that is, to bu ild a tolerable ship in spite of it, waswe highest achieveme nt left to an English builder) "Gm ter commer cialsecur ity was alone aimed at by thepartner ship law. We now find, however, that the un

limited liability it insists upon is a se rious hindrance topr ogress ; it practically forbids the association of smallcapitalists ; it is found a great obstacle to the building of

improved dwellings for the people ; it pre vents a bette rre lationship between artisans and employers ; and by with

their savings. it checks the growth of prov ident habits andencourages drunkenness. Thus on all sides ar e well-m eant

law that promotes the adulter stion ofheer ; a ticket-ofleave system that encour ages msn to comnnt cr ime g a

0 m m m m m wam w m « mWam m m rm v m am

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246 m m m m .

of the Thsmes mnd— sgencies that subser vs all“ fromths pr esching of cbr istianity to the pr otection of ifl - tr ested

animals ; fr om the production of bread for a nstion to thssnpply of groundse l for oaged singing- birds. The secumam

lste d desims of individuals be ing, then, the moving powerby which every social agency is worked, the question to be

agency ? The agencyhaving no power in itself, but beingme r e ly an instr umen t, our inquiry must be for the most

wastes the smallest nmount of the moving power— the in~

strument least liable to get out of order, and most readily

pu t r igb t sgnin when it goes wrong. Of the two kinds ofsocial mechanism exemplified above , the spontaneous and

the gover nmental, which is the best ?m the iorm of this question will be r eadily foreseen

the inte nded answe r — that is the best mechan ism whichcontains the fewest par ts. The common saying Whtyou wishwelldone youmust do your self,” embodies s tr uthequally applicable to political life as to pn

’

n te life . Theex periencs thsthrming by bdlmwhihM Whfle m ntp

fanning psys, is an ex pcr ienee stillbettsr illostrated in

nationslhistory thsn in s landlord’s account booh. Thistransfsmnoe of power from constituencies to member s of

par liament, fr om thsse to the ex ecutive, from the executiveto s board, from ths bm rd to inspouwm andhom inspso

tor s thmughtheir subs down to the actual workers— thisopen ting thm ghs sm-iu of lsvm snohofwhichsbm bs

in fliction snd insr tis psr t of tbe moving foros ; is ss bsd,in vir tne of its oomplex ity, ss ths dir sot employment bysociety of individuals, private oompsnismmd spontaneously

Fully w sppreciau ths m tr u g we must oompu s in detsil

tho working of ths two systsms.

Oficialism ishabitu lly slow. t n non govsr nmsntnl

sgena es aro dilntory, tbs publio bas its m ody : it ”

m m rm . Wto employ thsm and soon finds quicke r ones. Under thisdiscipline allprivate bodies ar e taught pr omptness. Butfor de lays in State - depar tmen ts the r e is no such easy cure .

Life - long Chance ry suits must be patiently borne ; Museumcatalogues must be wear ily waited for . While , by thepeople themse lves, 8. Crystal Palace is designed, e r ected,andfilled, in the course of a few months, the legislatur etakes twenty years to bu ild itse lf a new house . While

,

by pr ivate pe r sons, the debate s ar e daily pr inted and dis

pe r sed ov e r the kingdom within a few hour s of the ir utte rance , the Board ofTrade tables ar e r egular ly published a

month , and sometimes mor e , after date . And so throughout. He r e is a Boar d of H ealth which, since 1849,hasbeen about to close the metropolitan graveyar ds, b uthasnot done it yet ; and whichhas so long dawdled over pr ojects for cemete r ies, that the London Necr opolis Companyhas taken the matter out of its hands. Her e is a paten teewho has had four teen year s’ cor r espondence with theHorse Guar ds, before getting a definite answe r r espectingthe use ofhis impr oved boot for the Army. Here is a

Plymouth por t- admir al who de lays sending out to 1001: for

the missing boats of the Amason until ten days after

the wr eck .

Again, ofiicialism is stupid. (Under the natural cour seof things each citizen tends tos his fittest function.

Those who ar e compe tent to the kind ofwor k they undertake, succeed, and, in the av er age of cases, ar e advancedin pr opor tion to the ir efficiency ; while the incompe ten t,society soonfinds out, oeases to employ, for ces to try some

thing easie r , and even tually tur ns to use] But it is quiteotherwise in State - or ganizations . He r e , as eve ry one knows,birth

, age , back- stair s intr igue , and sycophaucy, dete rminethe se lections r ather than me r it. The “fool of the family ”readilyfinds a place in the Chu rch, if the family ” havegood connex ious. A you th too ill- educated for any pr o

fession, does very wellfor an oficer in the Army. Gr ey

248 en s- t rau m as .

hair , or a title; is a far better guar entee of naval promotionthan genius is. Nay, indeed, the man of capscity often

finds that, in governme nt ofioes, superior ity is a hindrance— thsthis chiefshate to be pestsr ed wiflihis proposed impr ovements, and ar e ofiended by his implied cr itic isms.

Not on ly,the refore, is legislative machinery complex, but

it is made of inferior mate r ials. Hence the blunders wedaily read of—tbe sup

’

plying to the dockys rds from theroyal for ests of timbe r unfit for use 3 the administrationof r elief dur ing the lr ishfaminc in sncha msnner as todraw labou r er s fr om the field, and diminish the subsequentharvest by one - four th” the filing of patents at threedifferent ofioes and keeping an index at none . Everywhe r e does this bungling show itself, fr om the elabor atefailure of House of Commons ventilation down to thepublication of The London Gan tts, which invar iably comesout wr ongly folded .

A furthe r characte ristic of officialism is its extr avagance .

In its chief depar tments, Army, Navy, and Church,it

employs far mor e omcer s than are needful, and pays sonicof the useless ones exor bitantly. The work done by theSewe r s Commissionhas cost, “ Sir B. Halltells us, fr csn

300 to 400 pe r cent. over the contemplate d outlay ; whflethe management charges have r eached 85, 40, and 45 pe rcent. on the expenditure. The tr ustees of RamsgateHar bour - e harbour, by the way, thathas taken a centuryto complete

—ar e spending a year in doing whst5000Lhas been proved sufiicie nt for . The Board of Healthis cansing new sur veyu to be m de of allthe towns under

its contr ol—a proceeding which, as Mr. Stephenson states,and as ever y tyro in engine ering knows, is, for drainagepurposes, awholly needless expense. Theee pnblic agenciesar e subject to no such influence as that whichobliges private en te rpr ise to be eoonomical. Traders and mercan tile

‘ Bu lvidsnee otldmlm

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madc, even in thehear t of London, to mect the sx igency.

The late snow- storm, indeed, supplied a neat antithesisbetween the two orde rs of agencies in the efiects it reapeco

tively pr oduced on omnibuses and cabs. Not be ing undera lawo tix ed tar ifi, the omnibuses put on extra horsesand raised the ir far es. The cabs on the contrary, be inglimited in their charges by an Act of Parliameut which,

home with the ir luggage as best theymight, and ac becameuseless at the ve ry time of allother s when they wer e mostwanted ! Not only by its unsusceptibility of adjustmentdoes cficialism entail se r ious

,inconven iences, but it like»

wise entails grcat injustices. In this case of cabs for

example, ithas resulted since the late change of law,that

old cabs, which wer e before saleable at N i. and 121. each,ar e now unsalesble and have to be br oken up ; and thuslegislation has robbed cab - propr ietor s of par t of theircapital. Again, the recently- passed Smoke - Bill for London,which applies only within cer tain pr escr ibed limits

,hasthe afiect of taxing one manufactu r e r while leaving untamedhis competitor wor king within a quarte r of a mile ; and

so, as we ar e cr edibly informsd, gives one an advantage of

15001. a ysar over another. These typify ths infinity of

wmuga n rying in dsgn saci hardship, which legalr egn

lations necessarily involve . Society, a living growingorgan ism, placed within apparatuses of dead, r igid, me

chanicalformulasmaunct failtc behamper sd and pinchsd.

The only agencisawhichcan eficiently acr vc it, ar e thosethroughwhichits pnlsationahonrly dow, and whichchanga

oficialism becomes cor r upt f evsr y one

to no sachantiasptic asin a ccmpstition

M fim whidl to dim i a nhm atep. Salaries

tor -med ; continue afie r dm wholly ceases ;hecome r ichpr ise s for the idle wellb om ; an d prmnpt to pe rjur y, tobr ibe ry, to simm yfl Fa“ India dim m d ected not

for any admmistn tive cap d ty theyhav e ; bm they buyvotes by promised patrm ge

—a patz v nags alike asked

millions ofpeople . Registr ar-s ci wills not only get many

thousands a year eachfor doing workwhich the ir miserab ly

defraud the r e venue, and that after r epeated r epr imanda.

Dockyard pr omotion is the r esult not of eficient ser vices,

b ut of politicalfavour itism. That they may continue to

hold r ich livings, cle rgymen pr eachwhat they do not

be lieve ; bishops make false r e tu r ns of their r evenues ; and

at their e lections to fe llowships, well- to—do pr iests seve rallymake oath that they ar e pauper , pin: ct doctor . Fr om thelocal inspector whose eyes are shut to an abuse by a con

tr actor ’s pr esen t, up to the pr ime ministe r whofinds lucr ative be r ths forhis r e lations, this venality is daily illustr ated ;and that in spite of public r epr obation and pe r pe tualattempts to pr event it. As we once heard said by a Stateofiicialof twenty-fiv e year s’ standing Wher ever thene isgove r nment the r e is villainy.

” It is the inevitable r esult ofdestroying the dir ect connexion between the profit obtainedand the wor k pe r formed. No incompetent pe r son hopes,by offe r ing a douceu r in the Times to get a permanent placein a me r cantile oflice . But wher e, as under government,ther e is no employer 's se lf- inte r est to for bid~ whcrc theappointment is made by some one on whom inefficiencyentails no loss ; ther e a doucswr is operative. In hospit als,in public charities, in endowed schools, in allsocial agenciesin which duty done and income gained do not go hand inhand, the like cor r uption is found ; and is gr eat in propor

252 over - tsmm r rcs.

tion as the dependence of income upon duty is r emwe. In

State o organiz ations, ther efore, cor ruption is unavoidable .

In tr ading- organisations it rarely makes its appearance ;and when it does, the instinct of se lf- preser vation soon

prov ides a r emedy.

To allwhich broad contrasts add this, that while pr ivatebodies ar e ente r pr ising and progressive ,public bodies are un~

be inventive nobody expects . That it should go out of its

easy mechanical routine to introduce improvmnents, and thisat a consider able expense of thought and application, without the pr ospeet of profit, is not to be supposed. But it is

not simply stationary ; it r esists ever y amendment e itherin itself or in anything with which it deals. Until now

that Coun ty Cou r ts ar e taking away their practice, all

agents of the law have doggedlyopposed law- reform. Theunive r sities hav e main tained an old cur r icuhm for centuriesafter it ceased to be fit ; and are now str uggling to pr em t

a threatened reconstr uction . Every postal impr ov ementhas been vehemently protested -against by the postal authorities. Mr .Whiston can sayhow per tinacious is the con

se r vatism of Chur ch grammar -schools. Not even thegravest consequences in view pre clude oficialresistance :witness the fact that though , as already mentioned, Profesm r Barlow repox

-ted in 1820, of the Admiralty compassssthen in store, that

“at least one - half were mor e lumber ,

”

yet notwithstanding the constant risk of shipwrecks thencearising, “ very little amelioration in this state of thingsappears tohave talren placs until1888 to Nor isoficialohstr uctiveness to be r eadily over bor nc even by a

pcwer fulpublic opinion : witness the fact that thccgh, forgene rations, nine - tenths of the nation have disapprovedth'm ecclesiasn

'

calsystem whichpamper s the dr caes and

appointed to n ctify it it stillmmains suhstsnfially as it

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254 cu m misu r ros .

Given a r ace of men having a cer tain pr oclivity to mhconduct, and the question is

,whether a society of these

men shall be so organised that ill- conduct dir eotly br ingapunishment, or whether it shall be so organised thatpunishmen t is but remote ly contingent on ill- conduct ?Which will be the most healthful community—4m in whichagents who perform their functions badly, immediatelysufle r by the withdrawal of public patr onage ; or that inwhichsuchagents can be made to sufl

'

er only thr oughanappar atus of meetings, petitions, pol ling booths, parliame ntary divisions, cabinet- councils,and r ed- tape documentslIs it not an absur dly utopian hope that men will behavebe tte r when correction is far removed and uncertain thanwhen it is near at hand and inevitable ? Yet this isthe hope which most pol itical scheme rs unconsciouslycher ish. Listen to the ir plans, and you find that justwhat they propose to have done , they assume the appointedagents will do. That functionaries ar e tr ustm is

their fir st postu late . Doub tleas could good ofioer s beensured, much might be said for oficialism ; just as

despotism would have its advantages could we ensure a

good despot.If

, howeve r , we would duly appreciate the contrastbetwe en the ar tificislmodes and the naturalmodea od

achieving social deside rata, we must look not only at thev ices ot

’

the one bnt at the vir tues of the other . These ar emany and impor tant. Consider first how immediatelyevery private enterpr iae is dependcnt on the need for it ;

andhow imposaib le it is for it to contiuue if thsre bs no

If they subserve some existing public want, they take rootand gr ow. If they dc not, they die ot

'

inanition . It needa

no agitation, no act of Parliament, to put them down. As

withafl w md organin tim if them is no function ior

them no nutr iuient comes to thsm, and they dwindle away.

Mom ver , not only do ths ncw agcncies disappsar if they

ovr u- i r cism wir. 255

ar e superfluous, but the old ones cease to be when theyhave done their work . Unlike public instr umentalitiun like H eralds’ Oflices, which ar e maintained for ages afterher aldryhas lost all value— unlihe EcclesiastislCour ts,which continue to flour ish for generations after they hav ebecome an abomination ; these pr ivate instr umentalitiesdissolve when they become needless. A widely ramifiedcoaching- system ceases to exist as soon as a mor e emcientrailway- system comes in to be ing. And not simply does itcease to exist, and to abstr act funds, but the mater ialsof which it was made ar e absor bed and tu r ned to use .

Coachmen, guards, and the r est, ar e employed to pr ofit

elsewher e—do not contin ue for twenty year s a burden, likethe compensated ofiicials of some abolished depar tment ofthe State . Conside r , again ,

how necessar ily these un

or dained agenciesfit themse lves to the ir wor k. It is a lawof allorganised things that efiiciency pr esupposes appr e n

ticeship. Not only is it tr ue that the young mer chant mustbegin by car rying letters to the post, that the way to be a

successful innkeepe r is to comme nce as waite r— not only isit tr ue that in the deve lopment of the in te llect the re mustcome fir st the pe r ceptions of identity and duality, next ofnumber , and that without these, ar ithmetic, algebra, and

the infinitesimal calculus, r emain impracticable ; but it istrue that the r e is no par t of an organism b ut begins insome simple form with some insignificant function, and

passes to its final stage th rough successive phase s of

comple x ity. Eve r y hear t is at fir st a mere pulsatile sac ;

ova-

y br ain begins as a slight enlargement of the spinalchor d. This law equally extends to the social organism.

An instr umen tality that is to work we ll must not be designed and suddenly put toge the r by legislato r s, b ut mustgrow gradually from a ge rm ; each successive additionmust be tr ied and proved good by e x pe r ience beforeanothe r addition is made ; and by this tentative processonly,can an efficient instrumentality be pr oduced . From a

256 on e-mommies .

trustworthy manwho r eceives deposits ofmeueyfiuaensihbrgrows up a vast banking system, withits notes, checks,bills

, its complex transactions, and its Clearing- house.Pack - horses, then waggons, then coaches, then steam.

carriages on common r oads, and. finally, steam- carriageson roads

‘made for them— suchhas been the slow geueci.

ofour present means of commuuication. Not amde in thedir ector y buthas formed itself an apparatua of manufao

way that no one m traoe the steps. And so withorganisations of auothe r or der . The ZoologicslGardensheganas the private collection of a few naturalists. The beatworking- class school known— that at Price ’s taotorycommenced with half-a -dose n boys sitting among thecandle - boxes.afte r hou rs, to teachthemse lves wr iting withworn- out pens. Mar k, too, that as a consequence of the irmode of growth, these spon taneously- formed agenciesex pand to any ex tent requir ed. The same stimulus whichbrought them into being makes them send the ir ramifications wherever they are needed. But supply does not

thus readily follow demand in gov ernmental agencies.Appoint a board aud a statf, fix their duties, and let

the apparatus have a generation or two to consolidate.and you cannot ge t it to fulfil large r r equirements withoutsome act of parliament obtained only at

‘

tsr long de layand dificulty.

We r e there space, muchmm might be said upon thesuper ior ity ot what naturalists would callthe u oym u

order of institutions ov er the aadogenoiu one. But, from

the point of view indicated, the fur ther contrasts betwe enthe ir characteristics will be sufficiently visible .

Hence then the fact, that while the one or der of means

is ever failing,making worse, or producing more evils thanit cu res, the other order of means is over succe eding, eve rimproving. Strong as it looks at the outset, State -agency

pe rpetually diaappoints every one . Puny as ar e itafirst

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how the absenee of a digested system oflaw is made good.

and tbat or ganiz atiou whichit is held impossible tor

the sm w efiecg it isheld possiblehly sar casm on meState !) for eachstudent to efiect fo rhimse lf. Every judgecan pr ivately codify, though

“un ited wisdom” cannot. But

how is eachjudge enabled to codify ? By the private

enterps'ise ofmen whohave pr epar ed the wayfiorhim ; by

the partial codifications‘of Blackstone , Coke , and other s ;

issne fi'om the press ; by abstr acts osf cases, and volumes of

away allthese fr actionalcodifications made by individnals,and the State wenld be in utte r ignm

'

ance d its own laws !

Had not the bunglings of legislator s been made good by

pfivate enter pr isa the administr atiou of jusfice wonldhave

Wher e, then, is the war rant for the constantly- proposedex tensions of legislative actien ? Ifiu wehave seem in a

hrge chu ofm eg gove r nment measur es do not remedythe evils they aim at ; if, in another large elass, they makethese evils wor se insta d of r emedying them ; and if, in a

and ofte n gr eater ones— if, as we lately saw, public sctiom

isconfinnally ontdoue in efiiciency by pr ivate action ; and

if, as jnst shown, pr ivate action is obliged to malcs up for

the shor teomings of pnblic scticn, even in fulfilling thevitalfunctions of the State ; what r easou is ther e for

mchmay claimm ditfior philanthropy, but not for whdom;unless wisdem is shownhy disr egarding ex per ience.

Much of this argument is beside the question,” will53

260 ovss - u s rsu r ron.

r ejoin our opponeuts.“The tr ne point at issuehm

whethe r individnsls and companies outdo the Smte whenthey wme in compefifion withig but whether ther e ar e not

csr tain socislwsnts whichthe fitate alone can safisfy.

Admitting tbat pr ivats ente rpr ise does mucb, snd does it

well, it is never theless tr ue that wehave daily thr ust nponour notice manydeside ratawhichithas not schieved, and isnot aehieving. In the se cases its incompetency is obviom ;and in these cases, ther efor s, it b ehoves th0 8tate to mheup fm its defidenciu z doing thig if not welhyet as wellNot to fallbaek npon the many ex per iesces alr eady

quoted, showing that the 8tate is likely to do mor ehsrmthan good in attempting this ; nor to dwellupon the fnctM in m stof the sneged m m the appar ent insutfia’encyof pr ivate ente rpr ise is s m ult of previous State - interfer ences, as may be

'

conclusively shown ; let ca deal with

have been no ne ed for a Mercantile Ma r ine Act to pr eventthe nnseawor thiness of ships and the ill' treatment of

these ; snd thonghwe r e alllike caees cf evils and shmcomings directly or indir ectly produced by law, taken out

cf the categor y, the r e would pmbably r emain but m ll

basis for the ples above put ; yet let it be grsnted that,stillr emain many deside r sta unachieved, whiohthm wss

no seeinghow spontaneons eflor t eould achie ve . Let all

this, we say, be gn nted ; the pr opriety oflegislative action

may yet be r ightly questioned.For the said plea involves the unwarrantable assumption

that soeialsgencies willcontinue towork only as they mncw wor king; and willpr oduce no wsults bnt those theyseem likely to pr oduce . It is thehabit of this schoolofthinker s to make a limiwdhuman intelligence the measumof phenomens whichit requires omn iscience to gr een

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262 WWW.

many be thought absur d to r est in the conviction that

cannot sayhow they will be met. Nevertheless, illustr ations exactly to the point ar e now tr anspir ing before

late ly witnessed in the midland counties. Every onehasheard of the distr ess of the stockinge r s— a chronic evilofsome generation or two’s standing. Repeated petitions

incurable. he or thr ee years since, however, the circularknitting machine was intr oduced— a machine immense lyoutstr ipping the old stocking- frame in productiveness, butwhich can make only the legs of stockings, not the fee t.Doubtless, the Le iceste r and Nottingham ar tisans regardedthis new engine with alarm, as like ly to intensify the irmiser ies. On the contr ar y, ithas wholly removed them.

By cheapening pr oduction ithas so enormously increasedconsumption, that the old stocking- frames, which werebefore too many byhalf for the wor k to be done , ar e now

allemployed in putting feet to the legs which the new

machines make. How insane wouldhe have been thoughtwho anticipated cure fr om such a causa l If from theunfore seen r emoval of evils we turn to the unforeseenachievement cf desidsr ata, “ find like cases. No one

recognised in Oe r sted’s e lectro magnetic discove ry thegerm of a new agency for the catching of cr iminals and

the facilitation of commer ce. No one e x pected railways to

become agenhfor the dilfusiou of chesphten turq ss theynow are. No one supposed when the Socisty ofAr ts was

Hyde Parhthat the r ssult wonld be a place for popular

r ecr eation and cultur e at Sydenham.

But thm-e is yet a deeper r eply to the appeals of impatientphihnthr opim . It is not simply that socialvitality may betr usted by- sndo by to fulfil each much- exaggerated require

on e - tr em or . 263

ment in some quiet spontaneous way— it is not simply thatwhen thus naturally fu lfilled it will be fulfilled efiiciently,instead of be ing botched as when attempted ar tificially ;but it is that until thus natu r ally fulfilled it ought not tobe fulfilled at all. A star tling par adox, this, to many ; b utone quite justifiable, as we hope shor tly to show.

It was pointed out some distance back, that the forcewhich produces and se ts in motion ever y social mechanism— gover nmental, mer cantile, or othe r— is some accumulation of pe r sonal desir es. As there is no individual actionwithout a desir e, so, it was ur ged, the re can be no socialaction without an aggregate of desires. To which the r eher s remains to add, that as it is a gene rallaw of theindividual that the intenser desir es— those corr espondingto all- essen tial functions— ar e satisfiedfir st, and ifneed beto the neglect of theweaker and less impor tan t ones; so,

it must b e a gener al law of society that the chief r equisitesof social life

— those necessar y to popular existence and

multiplication— will, in the natur al or de r of things, be su b

served befor e those of a less pr e ssing kind. As the pr ivatemanfir st ensu r es himself food ; then clothing and she lte r ;these be ing secur ed, takes a wife and, ifhe can afiord it

,

presently supplies himself with car pe ted r ooms, and piano,and wines, hir es ser vants and gives dinner par ties ; so, in

the evolution of society, we see fir st a combination for

defence against enemies, and for the better pur suit of

game ; by- and- by come such political ar r angemen ts as ar eneeded to main tain this comb ination ; after wards, unde r ademand for more food, mor e clothes, mor e houses, ar isesdivision of labour ; and when satisfaction of the an imalwantshas been pr ovided for , the r e slowly gr ow up lite rature, science , and the ar ts. Is it not obvious that thesesuccessive evolutions occur in the or der of the ir impor tance ?Is it not obvious, that, be ing each of them pr oduced by anaggr egate of desir es, they must occur in the order of the irimportance, if it be a law of the individual that the

264 am mon ia-rice .

stromgest desir es correspond to the most needfulactions?Is it not, indeed, obvious that the or der of relative importance wil l be more uniformly followed

"in'

social action thanin individual action ; see ing that the personal idiosyncr asieswhich disturb that or der in the latter case ar e averaged inthe forme r If any one does not see this, lethim take upa book describing life at the gold- diggings. Ther ehe willfind the whole process exhibiwd in little . He will r eadthat as the digger s must eat, they ar e compe lled to offersuchpr ices for food that it pays better tc keep a stor e thanto dig. As the store - keepe r s must get supplies, they giveenormous sums for car r iage fr om the nearest town ; and

some men, quickly see ing they can get r ich at that.make itthe ir business. This br ings dr ays and horses into demand ;the high rates draw these fr om allquarters ; and, afte rthem,

wheelwrights and harness- make r s. Blacksmiths tosharpen pickaxes, doctor s to cur e fevers, get pay ex or bitant in pr opor tion to the need for them ; and are so broughtflocking in proportionate numbers. Presently commoditiesbecome scarce ; mor e must be fetched from sbroad ; sailorsmusthsve incr eased wages to prevent them fr om deser tingand tur ning miners ; this necessitates higher charges forfreight ; higher fr e ights quicklyhr iug mor e ships ; and so

there rapidly deve lops an organization for ‘

supplying goodsfrom allpar ts of the world . Every phase of this evolutiontakes place in the or der of its necessity ; or as we sayin the order of ths intensity cf the desines subem ed.

Eachmsn does that whichhe finds pays best ; thatwhich pays best is that for whichother men willgive

most ; thst for whichthey willgive most is that whioh,undcr the cimumstanceg they most desir e . H ence thesuccession must be throughout - from the more importantto the less impor tant. A r equh'ement whichat any pe r iod

r emains uu fulfilled, must be oue for the fulfilment ofwhlchmeu willnot pay so machas to make it wor thany one’swhile to fulfilit— must ba a lesc r equir

'ement than allthe

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266 om m rsu r xos.

by inspecting society can r ee what it most needs ; socie tymust be left tofcelwhat it most needs. The mode of sola

tion must be ex per imen tal, not theor etical. When left, dayafte r day, to expe r ience evils and dissatisfaction of var iouskinds, affecting them in var ious degrees, citizens graduallyacquir e r epugnance to these pr opor tionate to their greatness

,and cor r esponding desir es to get r id of them, which

by spontaneously foster ing remedial agencies ar e like ly toend in the worst inconven ience be ing fir st r emoved. And

however ir r egular this pr ocem may be (and we admit thatmen

’s habits and pr ejudices pr oduce many anomalies, or

seeming anomalies, in it) it is a process far more trustworthythan ar e legislative judgme nts. For those who questionthis the r e ar e instances ; and, that the parallalmay be themore conclusive, we will take a case in which the rulingpower is deemed speciallyfit to decide .We r efer to our

means of commun ication.

Do those who maintain that railways would have beenbetter laid out and constructe d by government, hold thatthe order of importance would have been as unitormlyfollowed as ithas been by pr ivate ente rprise ? Under thestimulus ofan enormous tramo—a tr afiio too great for thethen existing means— the fir st line sprung up betweenLiverpool and Mancheste r . Next came the Grand Junctionand the London and Birmingham (now merged in theLondon and North Weste rn) ; afte r wards the GreatWestern, the South Western, the South Easter n, theEastern Counties, the Midland. Since then an

lines and branches have occupied our capitalists. As theywer e quite ce r tain to do. companies made fir st the mostneeded, and ther eior e the best paying, lines ; under thesame iinpulse that a labour er chooseshighwageswages in pr e

fer euoe to low. That gov er nment would have adopteda bette r orde r oan har dly be, for the best has basnfollowed ; but that it wouldhave adopted a wor se, alltbe

evidence wehave goes to show. In default a m

i

m u stangs-

tor . 267

for a dir ect par allel, we might cite from India and thecolonies, cases of injudicious road -making. Or , as e x emplifying State - efior ts to facilitate communication, we mightdwell on the fact that while our r ule r s have sacr ificedhundr eds of lives and spent untold tr easur e in se eking aNor th- west passage, which would be use less if found, theyhave left the exploration of the Isthmus of Panama, and

the making railways and canals through it, to pr ivate com

ponies. But, not to make much of this indir ect evidence,

we will content ou r se lves with the one sample of a Statemade channe l for comme r ce , which we have at home— theCaledonian Canal . Up to the pr esent time thispublic wor khas cost upwards of It hna now

been open for many year s, and salar ied emissar ies have beenconstantly employed to get tr afic for it. The r esults, asgiven in its for ty- seventh annual r epor t, issued in 1852, ar e— rece ipts dur ing the year , expenditu r e ditto,9,261L— loss, 1,352l. Has any such large investmen t beenmade with such a pitifu l r esult by a pr ivate canal company?And if a gover nment is so bad a judge of the r e lative im

porhnce of social r equ ir ements, when these requir ementsar e of the same kind,how wor thless a judge must it be whenthey ar e of difier ent kinds. If, where a fair shar e of

in telligence might be expected to lead them r ight,legisla

tor s and the ir oficer s go so wr ong,how te r r iblyWill they

er r wher e no amount of inte lligence would suffice them,wher e they must decide among hosts of needs

,bodily,

in tellectual, and mor al, which admit of no dir ect com

par isons andhow disastrous must be the r esults if theyact out their erroneous decisions. Shou ld any one needthis br inginghome tohim by an illustr ation, le thim readthe following extract fr om the last of the se r ies of le tter ssome time since published in the Mor ning Chr onicle, on

the state of agr icu ltu r e in Fr ance . Afte r expr essing theopin ion that French farming is some ce ntu ry behindEnglish farming, the wr ite r goes on to say

soM m m u m pr incipally ohatceable fl ththis. In ths fln t

268 on e - t r aum as .

m arm n fl m m in am y inwhiohtwo-M d thmfim m q ficdmfimw tnmk s n ry unhcneun dm ficn. Develq s

in the shshtsst dsp es aFrsnchman'smsntaltacultim andhe flies to am u

u n ri y u ohd fifinp fly to a loadstom . Bshu nomrd m nodflbhtin m alhabits. A im chm atsur hrmc wculd indsed bs a dsbfl o sn

As im this nationaltsnda is M W by ths o- tmmsystem d govm snt—by the mnlfituds d ofl cifl g andhy tbs paym t d

alltunctionar iss. Fr om allparts ofl‘n nm msn ofgmatw md m oum

struggle m andfiug themu lm on thoworld d l’u is. Thu - ti g hts

withs stillm llsr scals—and the m ultwillbs thsm b ir the d-parlmont to hths u m disu msnt to thsw w ths emto ths u m dim t. Allwhohsm or tbink thsyham bsads ou thcirshoulder- J tmggls into tom tofight tor omco. Aliwho m mr m dssmsd

by themsdm a'

dhm wo M pid b r anythinn lsft atham to tfll

thc flelu md bresd ths u tdq aud m e ths vinsa u thcir m did

m ane -M useu m . Thus tha chastually no inhllip nsshft bths counny. Thowhols cnsrgy.and knowlsdca.and m ourcs ol ths lsndm harmlod up in the m s. You leave ouo city, and in m y cn ~ yo.

win not mest au sdncatsd cr eultivated lndividusluntn you m'ive at

anothu a - allhstwm is utta lntellsetuslbam nassa"

- Alm mam ass

To what end now is this constant abstractiou of abls men

fr om r uraldistr icts? To the end that thexe may be euoughfunctionaries to achieve those many decider atawhich Frenchgove r nments have thought ought to be achieved—to pmvidsammementg to mauage mines, to oonstr uct roads sud

br idges, to erect numerous buildings—to print books,encourage the fine ar ts, control this tradc, and inspmthat manufactur e— to do all the hundred-and-one thingswhichthe State does in Fl-auoe . That the army olofioer sneeded for this may be maintained, agr iculmr e must go

better secured, tbe chiefsocialnecessity is neglectsd. Thevery bssis of the nationallife is sapped, to gain a few nou

essential advantages. Said we not truly, then, that untila r equir ement is spontaneously fulfilled, it should not be

fulfilled at allf

Audher e indecd we may r ecoguise the close kinship

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270 ovan-nmxsm xon.

this or that desideratum, legislators have not perceivedthat they were the reby preventing the achievement of someother desideratum. They have habitually assumed thateachproposed goodwould, ifsecur ed, be apur e good, insteadof being a good pu r chasable only by submission to some

evil which wou ld e lse have been r emedied ; and, making

trade , so in other things, labour will spontaneously findout, bettm than any gove r nment can find out for it, thethings on which it may best expend itse lf. Rightly te

gar ded, the two pr opositions ar e identical. This divisioninto commercial and non - commercial ad’air s is quite a super »

ficialone . A llthe actions going on in society come underthe gener alization— human efi’ort ministe r ing to humandesir e . Whe the r the ministration be em through a

procca of buying and se lling, or whe ther in any other way ,

matter s not so far as the generallaw ef it is concerned .

In allcases it must be true that the str onger desir es will

get themselves satisfied before the weaker ones ; and in all

cases it must be tr ue that to get satisfaction for the weaker

faction to the stronge r ones.

To the immense positive evils entailed by over vlegislatiouhave to be added the equally great negative evils—e vilswhich, notwithstanding their greatness, ar e scarce ly at all

recognised , even by the far -see ing. While the State doesthose things which it ought not to do, as an ine vitable

consequence, it leaves undone those things which it oughtto do. Time and activity be ing limited, it nose- arflyfollows that legislatc r s’ sins of eommiu ion entail sins of

omission. Mischievousmeddling involves disastr ous negteot ;and until statesmen ar e ubiquitous and omnipotent, mustever do so. In the ver y natur e of thiugs an agency

employed for two pur poses must fulfilboth imperfectly ;par tlyhecanss, while fulfilling the one it cannet be fulfilling

ovr a- tm tsu r sou. 271

the other , and partly because its adaptation to both endsimplies incomplete fitness for e ithe r . Ashas been we llsaid it proper of this point,-

“A blade which is designedboth to shave and to car ve , will ce r tain ly not shave so wellas a razor or car ve so we ll as a car ving- knife . An academyof painting, which should also be a bank

,would in all

pr obability exhibit ve ry bad pictur es and discoun t very badhills. A gas company, which shou ld also be an infantschool society, would, we appr ehend, light the str ee ts ill,and teach the children And if an institution unde rtakes, not two functions but a score —if a gover nment,whose 06 00 it is to defend citizens against aggr essor s,for eign and domestic, engages also to disseminate Chr istisu ity, to administe r char ity, to teach children the ir lessons,to adjust prices of food

, to inspect coal -mines, to r egulater ailways, to superintend hou se - building, to arrange cab

fares, to look into people’

s stink - tr aps, to vaccinate theirchildr en ,

to send out emigrants, to pr escr ibe hour s of labour ,to examine lodging- houses, to te st the know ledge of

mercantile captains, to provide public libraries, to r ead and

author ize dramas, to inspect passengen ships, to see thatsmall dwe llings ar e supplied with wate r , to r egu late endlessthings from a banke r ’s issues down to the boatJ ar es on theSerpentine— is it not manifest that its primary dutymust beill- discharged in propor tion to the mu ltiplicity of affair s itbusies itselfwith ? Must not its time and ener giesbe fr itte r edaway in scheme s, and inqu ir ies, and amendmen ts, in discus.

sions, and divisions, to the neglect of its essential business ?And does not a glance over the debates make it clear thatthis is the fact ? and that, while par liament and publicar e ahhs occupiedwith these mischievous inte rfe r ences, theseutopian hopes, the one thing needful is left almost undone ?See her e, then, the proximate cause of our legal abominations.We drop the substance in our efior ts to catchshadows. While our fir esides, and clubs, and tave rns ar e

EdinburghReview.Apr il. 1889.

272 on e -m u m s .

questions, and education questions, and poor -law questions—allof them raised by over - legislation— tbe juatice quaation

oppressed, cheated, robbed. This institution which ahouldsuccour the man whohas fallen among thieves, tur nahimover to solicitor s, bar r iste r s, and a legion of law-afl oa t ;

drainshis pur se for wr its, briefs, aflidavib , subpmnas, thenof allkinds and expenses innume rable ; involv eshim in

the intr icacies of commoncounte r - suits, and appeals ; and ofte n r uins whe r e it shouldaid. Meanwhile , mee tings ar e called, and leading articleswr itten, and vote s asked, and socie ties formed, and agitations car r ied on, not to r ectify these gigantic evils, butpar tly to abolish our ancestor s’ mischie vous meddlings andpar tly to establish meddlings of ou r own. Is it not obv iouathat this fatal neglect is a resu lt of this mistaken aficionaness l’ Suppose that exte r nal and internal prote ctionhadbeen the sole m ogniaed functions of the r uliug poweu .

Is it conceivable that our admin istration of justice wouldhave been as cor r upt as now l Can any one believa thathad par liamentary e lections been habitually contested on

questions oflegal reform, our judicial systemwouldu illhavebeen what Sir John Romilly calls it, a technical systeminvented for the creation of coats ?” Does any one cup

pose that, if the eflicient defence ofperson andpr eper tyhadbeen the constant subject- matter ofhustinga pledgea, weahould yet be waylaid by a Chancery Oour t whichhaa now—whichkoepa auits peudiug fifty years, untilallths fundaar e gone iu feeh- whiohswallowa iu ooats two millim

been always canvassed on pr inciples of law- reform verw

fiuued tor centur ies fattening on the goods ot widows aad

orphans ? Ths questiona ar e nex t to abaur d. A child may

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274 m m rsu nos.

r eady applicah'on of capitalto them, checks the deve lop‘ment of agr iculture, and thus hinders the improvement ofthe peasantry and the prosperity of the country. In ahcr t,the cor r uptions, follies, and ter rors of law would cease ;and that whichmen now ahr ink from as an enemy theywould come to r egard as what it purpor ta to be

How vast then is the negativ e ev ilwhich, in addition to

the positive evils before enumerated, this meddling policyentails on us l How many ar e the gr ievanccs men bear ,from which they would otherwise be fr ee !Who is therethathas not submitted to injuries r ather than r un thc r isk

of heavy law- costs ?Who is there thathas not abandonedjust claims rather than “ throw good mon ey after bad ?”Who is ther e thathas not paid nnjust demanda rathe r thanwithstand the thr eat of an action ? This man can point to

pr operty that has be en alienated fr om his family ho rnlack of funds or courage to fight for it. That man can

name sev eral r elations r uined by a law- suit. Her e is a

lawye r whohas grown rich on the hard earnings of theneedy and the savings of the oppressed . Ther e is a oncewealthy trade r whohas bcen brought by legaliniquitiec tothe workhouse or the lunatic asylum: The badness at ou r

judicial system vitiate s our whole social life : rendersalmost ever y family poor er than it would otherwise b e ;hampe rs almost every business transaction ; inflicts dailyanx ie tiea on eve ry trade r . And allthis loss of propcr q ,

tin e, temper, comfort, men quie tly submit to from being

on them other niischiefs .

Nay, thc caae is even worse . It is distinctly pm oahlathat many cf these evils about which outor iea ar c rafied,and to cur e whichspecialActs of Parliament ar e loudly

inmked am themselm ptoducsd by our disgraccfnljudicial

system. For ex ample, it is well known that the hor ror:

ove r -m ma r tos . 275

ar e found in their greatest intensity on pr ope rties thathave be en for a

generation in Chancery—ar e distinctly

tr aceable to the r u in thus brought about ; and would neverhave existed but for the infamous cor r uptions of law.

Again, ithas been shown that the long- dr awn miser ies ofIr e land

,which have been the subject of endless legislation,

have been mainly pr oduced by inequitable land- tenur e and

the complicated system of entail : a system which wr oughtsuch involveme nts as to prevent sales ; which practicallynegatived allimprovement ; which br ought landlords to theworkhou se ; andwhich r equir ed an Incumber ed Estates Actto cut its gordian knots and r ende r the proper cultivationof the soil possible . Judicial negligence, too, is the maincause of railway accidents. If the State would fulfil itstrue function, by giving passenge r s an easy remedy forbreach of con tract when tr ains ar e behind time

,it would

do mor e to pr event accidents than can be done by theminute st inspection or the most cunn ingly- devised r egulations ; for it is notor ious that the major ity of accidentsar e pr imar ily caused by irr egular ity. In the case of bad

home - building, also, it is obv ious that a cheap, r igor ous,

and cer tain administr ation of justice, would make BuildingAc ts needless. For is not the man who er ecte a house of

bad mater ials ill put together , and, concealing these withpape r ing and plaster , se lls it as a substantial dwe lling

,

guilty of fr aud ? And should not the law r ecognise thisfr aud as it does in the analogous case of an unsound hor se ?And if the legal remedy were easy, pr ompt, and sure, wouldnot builder s cease tr ansgr essingl

’ So is it in othe r cases :the evils which men pe r petually call on the State to cm

by supe r intendence . themse lves ar ise fr om non - pe r formanceof its or iginal duty .

See thenhow this vicious policy complicate s itself. Not

only does meddling legis lation fail to cur e the evils itat; not on ly does it mahe many evils wor se ; not only doesit create new ev ils gr eate r than the old ; but while doing

276 ovaam mu r xos .

flow fr om the non- adnfinistmtion of justice. And aot onlyto the positive evils does it add this vu t negafin m hflthis agsin, by foeter ing many eocialabuses that would not

e lse exist, fur nishes occasions for mor e msddlinga whichagain sct and re -act in the same way. And thus as ave r ,“ things bad begun mab e strcng themaelves by ill.”

Afle r assigniug r easons thus fnudamentahior condemningallState -action save that which univer sal ex pe rience hasproved to be nbwutely needful, it wculd seem supcr luou

to assign subordinate ones. Were it called for , “ might.taking for tex t Mr J dndsay

’s wor k on

“Navigation and

Mer cantile Marine Law,

”say much upon the couiplm ty

complexity which, by the misunder standing , de lays, anddisputa it entsflg grestlyhampera our sociallifa. Something, too, might be added upon the per tnr bicg efl

’ects of

that “ gross delusion,”as M Guiaot calls it,

“a beliet

'

iu

the sover eign power ofpoliticalmachine ry”— a delusion “)

whichhe par tly ascr ibea the lste revolntion infi'

ame ; and

a delusion whichis toster ed by svery new inter tom ca.

But, passing over thu e, we would dwelltor a short lpaoaupon the natioualoner vatiou whichthis Stata- supcr intndenoe produoea.

The enthusiastic philanthr opist, ur gent tor aoms aet ot

parliament to r cmedy this evilor secm the other good.thinhit a tr ivialand far o tetehed objectiou that thc pcoplswillbc mor slly injur ed by doing things for them inatsad of

leaving them to do things thm elves. Ho vividlywncaimthe benefithehopes to get achieved, whichis apositive aodr eadily imagiuabls thing. He doea not conce ivs the diflused,WM d ou a ehen mh; m,U b d mimit,thinks it beneath M en tion. Would he but ra

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278 oven- 1.3mm .

ao— that just in pr opor tion as its member s are littlehelpedby ex tr aneous power they willbecome sel£~helping, and inpr opor tion as they ar e much he lped they will become he lpless ?What folly is it tc ignore these r esults hom e 's

they‘ar e not direct, and not immediate ly visible . Thoughslowly wr ought out they ar e inevitable .We can no more

elude the laws of hu man deve lopment than we can e ludethe law ot

‘

gr avitation ; and so long as theyhcld tr ue mast

If we ar e asleed in what specialdir ections this allegedhelple ssness, entailed by much Stato- supcr intendsnca,shows itse lf ; we r eply that it is see n in a re tardation of all

social growths r equir ing se lf- confidence in the people— in a

timidity that fear s alldificulties not befor e encounteredin a thoughtless conten tment with things as they ar e. Let

any one, after duly watching the rapid evolution going onin England, whe r e men have been compar atively littlehelped by gove rnments— or better still, afte r contemplatingthe unparalleled progress of the United States, which ispeopled by self-made men, and the recent descendan ts of

seltomade men g— let such an one , we say, go on to theContinen t, and consider the re lative ly slow advance whichthings ar e ther e making ; and the still slower advance waywou ld make b ut for English enterpr ise. Lethim go to

Holland, and see that though the Dutch early showed them.

hydraulics, Amster damhas been without any due supply of

water until now that works ar e be ing established by an

Engliahcompany. Lethim go to Be rlin, and ther e be toidthathgim that citya wate r o supply suchaalm donhashadfor gene rationa, the project ei anEnglishfirm is about to beex ecuted byEnglishcapital , under English super intendmoe.

Lethim go to Vie:rna, aud lear n that it. in common withothe r wnfinental citieg is lighted by an Englishgascompany. Lethim go ou the Bhone, on the Loh~e, on theDanube, and discover that Englishmen established steam

on e - t r am s . 279

navigation on those r ivers. Lethim inqu ire concer ningthe r ailways in Italy, Spain, France , Sweden, Denmar k,how many of them ar e English pr ojects, how manyhave been largely helped by English capital,how manyhave been execu ted by English contr actor s, how manyhavehad English engineer s. Le thim discove r , too, ashewill, that wher e r ailways have been gove r nment- made, asin Russia, the ener gy, the pe r sever ance, and the practicalta lent developed in England and the United States havebeen called in to aid. And then if these illustr ations of theprogressiveness of a se lf- dependent race , and the tor pidityof paternally - governed ones, do not suffice him

,he may

r ead Mr . Laing'

s successive volumes of Eur opean tr ave l,and the r e study the contr ast in detail . What, now,

is thecause of this contr ast 1’ In the or de r of natur e , a capacityfor se lf- help must in every case have been brought intoexiste nce by the pr actice of self- he lp ; and, other thingsequal, a lack of this capacity must in eve ry case havear isen from the lack of demand for it. Do not these two

antecedents and the ir two 00q a agr ee with the factsas presented in England and Europe ? Wer e not theinhabitants of the two, some centur ies ago, much upon an

par in point of ente r pr ise ? Were not the English even

behind in their manufactur es, in the ir colonization, in theircommerce ? Has not the immense r e lative change theEnglish have unde rgone in this r espect. been coincide ntwith the gr eat r e lative se lf- dependence they have beensince habituated to ? Andhas not the one been caused bythe other ? Whoever doubts it, is asked to assign a mor e

pr obable cause. Whoever admits it, must admit that theener vation of a people by per petual State oaids is not a

trifling consideration, but the most we ighty consider ation .

A general arr est of national growth be ‘

willsee to be an

evil greater than any special be nefits can compensate for .

And, indeed, when, afte r contemplating this great fact, theove r spr eading of the Ear th by the English,he remarks the

difl’

er ence ofoharacter , andhow snchdifl'

er enm cfcharacterhas been mainly produced by difier euce of discipline ;hewillper ce ive that the policy pursued in this matter may

We are not sanguine, however , that acgument will

legislation.Withmen cf a cer taia ordsr cf thonght thsfor egoing r easons willhave we ight.Withmen ot

'

anotber

order of thought they willhave little or none ; nor would

any accumnlation of suchr essons aflect them. The truththat expe r ience teaches,has its limits. The emped snees

which teach,must be expe r iences which can be appr eciated;and experiences exceeding a ce r tain degr ee of complexmbecome inappr eeiable to the major ity. It is thus withmoatsocialphenomena. If we remember that for theso mthousand years and mor e , mankind have been makingregulations for comme rce, which have all along beenstrangling some tr ades and killing other s withkindneu ,

and that thoughthe proofs of thishave been coastantlybefore their eyes, they have only just discovered that theyeveu now only a smallpor tiou ot them see this g we ar e

taught that perpetually- repeated and ever -accumulatingex per iences willfailto tsach, untilther s ex ist the mentalconditions requir ed for the assimilation of them. Nay,when they ar e assimilated, it is very imperfectly. Thetr uththey teachis only half understood, even by thoaosupposed to understand it best. For en mple, 8ir Robcr t

Peel, in one ofhis last speeches, alter deacr ihing theimmensely increased consumption consequent on fr ee tr ade,

goes cn to say s“mu m m m m MW —uhm mm m am d m m m m w w fir m d

“hw m c a lm m m m not oalyw fln

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282 m o u ntai n-nos .

you will in future be avoided . Eluding the facts as hedoes afte r this fashion, volley afte r vol ley of them produce

Indeed this faith in gover nmen ts is in a cer tain sense

or ganic ; and can diminish only by be ing outgrown . Fromthe time when r uler s wer e thought demi - gods, there hasbeen a gradual decline in me n’s estimate s of the ir power .

This decline is still in pr ogress, andhas still far to go.

Doubtless, every incr ement of evidence furthers it in some

degree, though not to the degr ee that at fir st 11pmOnly in so far as it modifies character does it pr oduce a

permanent effect. For while the mental type r emains the

by the growth of other error s of the same genus. All

supe r stitious die hard ; and we fear that this be lief ingovernme nt- omnipote nce will form no exception.

REPRESENTATIVEGOVERNMENTWHAT IS IT

GOOD FOR ?

[Fir stpublished in The Westminste r Rev iewfor October

Sm x sr ssss’s simile for adve r sityWhich, like the toad, ugly and venomous,Wear s yet a pr ecious jewelinhishead,

might fitly b e used also as a simile for a disagreeab letr uth. Repulsive as is its aspect, the har d fact whichdissipate s a cher ished illusion ,

is pr esently found to containthe ge rm of a mor e salutary b elief. The exper ience of

every one fur nishes instances in which an opin ion longshr unk fr om as seemingly at var iance with allthat is good,b utfinally accepted as ir r esistible, tur ns out to b e fr aughtwith benefits. It is thus with se lf- knowledge : much as

we dislike to admit our defects, we find it bette r to knowand guar d against than to ignor e them. It is thus withchanges of cr eed : alarming as looks the r easoning bywhich supe r stitions ar e ov e r thr own

, the convictions to

which it leads pr ove to b e healthier ones than those theysupe r seded. A nd it is thus with political en lightenment :men eventually see cause to thank those who pullto piecesthe ir political air - castles, hatefu l as they once seemed .

Mor eove r , not on ly is it always b ette r to be lieve truththan er r or ; b ut the r epugnant- looking facts ar e eve r foundto b e par ts of something far bette r than the idealwhich they

54

he cited, we shall presently add another .

It is a conviction almost un iver sally entertained here inEngland, that our method of making and administeringlaws possesses every vir tue . Prince Albert’s unluckysaying that “Repr esen tative Government is on its trial,

”is

vehemen tly repudiated : we consider that the trial haslong since ended in our favour on allthe counts. Partly

from that patr iotism which leads the men of each nation topr ide themse lves in the ir own institutions, we have an

unhesitating be lief in the entire super ior ity of our form of

political organization . Yet unfr iendly cr itics can pointout vices that ar e manifestly inher ent. And if we maybe lieve the defenders of despotism, these vices ar e fatal toits eficiency.

Now instead of denying or blinking these allegations, itwould be wiser candidly to inquire whethe r they ar e tr ue

and if tr ue, what they imply. If, as most of us ar c so

confident, governmen t by repr esentatives is bette r than

remar ks : behaving that they ar e either invalid, or thatif valid they do not essentially te ll against its merits. If

our political system is well founded, this cr ucial criticismwill serve but to br ing out its wor th more clear ly thaneve r ; and to give us higher conceptious of its naturq its

meaning, its purpose . Le t us, then, banishing (or thesense all prepossessious, and taking up a thoroughly

Is it not mauifest thet a ruling body made up of manyindividuals, who diEer in character, education, and aim ,

foelings, and who ar e scve rally swayed hy the spo¢ l

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286 ssrm ssu rm covm x r sr—vwm ts r r cooo roat

wor thiness of director ialmanagement might b e afiwshthe recklessness and dishonesty of rulers whose inte restsar e nct one withthose of the concern they contr ol, be ingin these cases conspicuously displayed . Or we could enlar geon the same tr uthas e xhibited in the doings of r ailway

members ; the care lessness which has pe rmitted Robsonand Redpathfrauds ; the rashness per seve r ingly shown inmaking nnpmfitable b ranches and extensions. But facta of

this kind ar e snficiently familiar .Let us pass, then, to less notor ious examples. Mechan ics’

Institutions willsupply our fir st. The theor y of theee isplausible enough . Ar tisans wanting knowledge , andhenevolent middle - class people wishing to he lp them to it,constitute the raw mate r ial . By uniting the ir means theypropose to obtain lite rar y and othe r advantages, which alsowouldhe beyond their r each. And it is concluded that,being allinter ested in secur ing the pr oposed objects, andthe gover ning body beiug choseu out of their nnmbe r , theresults cannot failto bo suchas wer e intcnded. In most

stupidity, par ty - spir it, and re ligious distension, nearlyalways thwar t the efior ts of the promoters. It is thougbtgood policy to select as pr esident aome localuotability ;

probably not distinguished for wisdom, but whose donaticnrespect. Vice-

presidents ar e chosen withthe same visw

a ciergyman cr two ; some nsighhouring squima, if thsycau behad ; an ex

manufac er s and wealthy tradesmen ; and a misoellansom

complement. While the committee, mostly e lected morebecause of their position or pcpular ity than the ir intelligencsor titness tor so-operation, exhibit similar mccngraifisa.Causss cf disseusion quickly ar ise . A book muchwiahedfor hy the masa of the membe r s, is hbooed, becansc

m arm a covrm cnr —wmu rs u ’ soon r os ? 287

or de r ing itwould ofi’end the cler icalparty in the institution.

whofigur e among the vice - pr esidents, forbids the engagement of an otherwise desirable and popular lecturer , whose

it wou ld be a gr eat boon to those for whom the institutionwas established, propose to opeu the r eadinga r oom on

Sundays, the r e ar ises a violent fight ; ending, perhaps, inthe secession of some ot

’

the defeated party . The qusstionofm usements,again, furnishes a bone of contention. Shallthe institution exist solely fbr instr uction, or shall it add

r sised, and to add to the other causes of difisr en ce. In

shouldhave been the administr ator s ; and to leave thecontr ol in thehands of a clique,who pursu e some humdr ummiddle course, satisfying nobody. Instead of that pr os

intended— a mscham’

ci institution ; and becomes little morethan a middle - class lounge , kept up not so muchby thepermanont adhesicn of its member s, as by the continual

addition of new cnes in place oi the old ones constantly

falling ofi. Meanwhfla the end or iginally pr oposed is

fulfi.lled, sofir as it ge ts fulfilled at all, by r r ivate en ter

by puhlisher shaving in view the pocketa andWot the

se t up by men whose aim in pr ofit ; ar e the instr uments ofthe chiefpr cpor tiohot’ suchcultur e as is going cn.

Quickl'

y followmg'

the vigour of ear ly anthem nu ,

“

some

psr ty, badmsnagement, apathy. Subscribes-s oomphin thsycannot get whst they want ; and one by oue desa ft to

pr ivate book- clubs or to Mndie.

Turning from non - political to political institutions, wemight,had we space, drsw illustr stions fr om the deings ofthe old poor -lswauthor ities, or fr om those ofmodsr n bourdsof guardians ; but omitting these and others such, v e will,among local govm menmw ufine om elves to the re form d

municipal corporations.If, leaviog out of sight afl othm' efidm snd torgetting

that they ar e newly - orgauised bodies into whichcormptimhas sos rcelyhsd time to cr eep, we wer e to judge of thesemunicipal corpor ations by the town- improvemenu theyhsveefl eote dn ve might pr onounce them suooessfnl. Bug e r en

without insisting on the fact that such improvements ar e

more due to ths r emovalof obstr uctious, snd to that tamoprogressive spir it whichhas established railways and telegr aphs, thsn to tho positive vir tues of these civic governments ; it is to be r ems rhed that the ex ecntion of numem s

publio worhis byno means an sdequste test.Withpowsrof rsising funds l imited ouly by a r ebellion of ratepayers,it is ossy in pr osporous, incr essiug towns, to m ke a displsyd eficiency. The proper questious to be nshed are s—Domunicipslelections end in the choice of the fittest menwhosr e to be found l Does the r esulting sdministr stifl body

,

per form wsllsnd ecouomicslly the wor k whiohdm lves ou

it? And doss it show sound judgment in refraining fr omneedless or improper worh? To thew questions the snm en

orhighchsr sctsr . Ther e ar e competent judges who thinkM on the sversgefiheir mm ber s sr e infe r ior to thoss o!

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and it is fur the rhinder ed by the pe rsistent actiou ofpar tyaud per sonalmotives. Not whe ther hc knowa wellhow tohandle a level, but whetherhe voted for the popnlnr ct ndio

date at the last parliamentary electiou, is the qna tiou on

which may, and somefimm dm hm g the choice d a wwmsur veyor ; and if sewer s ar e illlsid out, it is a ns tun l

consequence . Whem a neWpublic edifice having beendecided on, commotion designs ar e advertised for and

when the designs, ostensibly anonymous but r eally identifiable, have been sent in ; T. Square, Esq, whohas an

influential r elative in the cor por ation,malres sur e ofWing, and is not disappoin ted : albe ithis plans ar e not thosewhich would have been chosen by any one of the ind” ,

had the in tended edifice beenhis own. Brown, whohasfor many year s been on the town - council and is one of thedominant clique,has a son who is a doctor ; and when, inpur suance of an Act of Parliament, an officer of healthis to b e appointed, Brown private ly canvasm his fe llowcouncillor s, and succeeds in per suading them to electhisson ; thoughhis sou is by no means the fittest man themen to ex ecute work for the town. A public clock which isfrequen tly getting out of or der , and M oi- Healthmclosets whichdisgust those who have them (we stste

facts), sufficiently testify that stupidity, favour -itism, or

some sin ister influence, is ever causing mismanagema it.The choice of infe r ior repr ese ntatives, and by them of

interior m plcys’

s, joined with pr ivate int and dividedresponsibility, inevitably pr event the discharge of duties

Mor eover, the extravagance which is now becoming a

notor ious vice of mun icipal bodies, is gr eatly iucr essed bythc pr sctico of undsr takiug things whichthsy ought not tcunde rtakc ; and ths incentive to do this is, in mn y cu es,

traceable to the r epr esentative origin of the body. Thesystem of compounding with landlords for munidpsl

m ar sm sr xvs GOH RKHH T—WBAT is u coon r un? 291

rates, leads the lower class of occupiers into the er r oneousbe lief that towmburdens do not fall in any degree on them ;and they the r efor e approve of an expenditur e which seem

ingly giv es them gr atis advantages while it creates employment. As they form the mass of the constituency

,lavishness

becomes a popular policy ; and popular ity- hunte r s vie with

Her e is a council lor who, having fears about his nexte lection, pr oposes anextensive schesne for public gar densa scheme which many who disappr ove do not oppose, becausethey, too, bear in mind the next election . There is anothercouncillor ,who keeps a shop, and who raises and agitatesthe question of baths and wash- houses ver y well knowingthathis trade is not likely to suffe r from such a cou r se .

And so in other cases : the small dir ect inter est whicheach member of the corpor ationhas in economical administr ation ,

is antagonized by so many indirect interests of

other kinds, thathe is not likely to be a good guardian

of the public pur se .

Thus, ne ither in respect of the deputies chosen, nor theefiicien t pe rfor mance of their wor k, nor the avoidance of

unfit work, can the gov e r nments ofour towns be held satisfactory. And if in these recently- formed bodies the defectsar e so conspicuous, still mor e conspicuous ar e they wheretheyhavehad time to gr ow to their full magnitude : witnessthe case of New Yor k. Accor ding to the Times correspondent in that city, the New Yor k people pay

“over a

million and a half ster ling, for which they have badly- pavedstr eets, a police by no means as eficient as it should be ,though much be tte r than forme r ly, the greatest amount ofdirt nor th ofItaly, the poor est cab - system of any metropolisin the wor ld, and only unshe lter ed wooden pie r s for thedischarge ofmerchandise .

”

And now, having glanced at the general bearings of thequestion in these minor cases, let us take the major case of

class, of aims, of pr ejudices, ar e both larger in number- sud

to ex per ience from the working of any par ticulsr measure ,is usually ver y smalland r emote ; while the indir ect inflnences whichswayhim ar e , in this above allother cnses,numerous and strong : whence follows a marked tendencyto neglect public we lfar e for private advantage . But let us

set out from the beginn ing— with the constituencies.

{The repr esentative theor y assumes that if a number ofcitizens, deeply inte r ested as they allar e in good govern.

wisest and best men fcr gov er nor s. Seeinghowmthey sufier fr om bad administr ation of puhlio sfiairsfit inconside r ed self- evident that they must hs ve the filltc select prope r r epresentative s ; aud it is tsken for

granted that average common sense gives the was, to

se lect pr oper representatives. How does expe r ience bu r

out these assumptions l Does it not to a great dcgmnegative themgSeve r al consider able classes of e lectorshave little or no

willin the matte r . Not a few of those on the n gister

forhaving the sense not to meddle withthings whichtheysay do uct ccncer n them. Many others thsr s are whossinte r est in the choioe of amember of Psrlisment is so slight,thst they do not think it wor thwhils to voto. A nctsble

proportion, too, shopkeepe rs especially, care so little aboutthe result, ths t their votcs sr e dete rmined by thcir wishesto plesse their chief patr ons or to svoid ofiending thess.

la the minds of s yet lsrger clsss, smsllsums of mouey, or

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that even the modicum of sense

the choice of their r epr ese umtim 1,

stitutiou in conformity with this mme

shows that Monarch, Lords. andmore or less conspicuously done this ; ou r a man ifestby the ir vote s, the be lief that thm'

r” o

f will b e 3.

we ll cared for by membe r s of the titled is:

of the ir own elm . Though, in the ir

greedy they were, not only or the ir

ment and per tinscious maintenance of

m sssssu mvs aom sm r —ww 18 rr coon r os l' 295

scale against the ir own profits— though they hav e everdisplayed a watchful jealousy even of their smallestpr ivileges, whethe r equitable or inequitable (as witness therecent complaint in the House of Lords, that the MercantileMar ine t calls on lor ds of manor s to show their titlesbefor e they can claim the wrecks thr own on the shor es ofthe ir estates, which befor e theyhad always done by pr escription) - though they have habitually pur sued that se lfseeking policy which men so placed were sur e to pur sue ;yet constituencie s have decided that membe rs of the ar istocr acy mayfitly b e chosen as r epr esentatives of the people .

Our pr esen t House of Commons contains 98 Ir ish peersand sons of English peer s; 66 blood - r e lations of peers ;and 67 connexions of pee r s by mar r iage : in all, 231 mem

be r s whose in ter ests, or sympathies, or both, ar e with thenobility r ather than the commonalty.We ar e quite prepar ed to bear the doctr ine implied in this cr iticism cou

demned by r ose—wate r politicians as nar r ow and prejudiced .

To such we simply r eply .that they and the ir fr iends fullyrecognize this doctr ine when it suits them to do 80.Whydo they wish to prevent the town - constituencies from pr e

dominating ove r the county - ones ; if they do not be lie vethat each division of the community will consult its on

welfar e ? Or what plea can the r e be for Lor d JohnRussell’s proposal to r epr esent minor ities, unless it bethe plea that those who have the opportun ity will sacrificethe inte rests of other s to the ir own ? Or how shall weexplain the anxiety of the upper class, to keep a tightrein on the growing power at the lower class, save fromtheir consciousness that bondfids representatives of thelower class wou ld b e less r egardful of the ir pr ivilegesthan they ar e themse lves i If ther e be any r eason in thetheor y of the Constitution, then,

while the member s of theHouse ofPee rs should be long to the pee rage , the membersof the House of Commons should be long to the commonalty.

Either the constitu tional theory is shee r nonsense, or e lse

the choice cflords as r epr esen tatives of the peopls pmvccthe tolly of constitnencies.

But this folly by no xneans endsher e : itwor b oct othcrr esults quite as absurd. What should we think of u man

givinghis servants equal authority with himself ove r theafiair s ofhis household ? Suppose the shar eholde rs in a

of dir ector s, the secr etary, engineer , supe rhm dwatr aflio

manager, and other s such. Should we not b e astonishedat the ir stupidity ? Should we not prophesy that thepr ivate advantage of cficials would fr equently ov er r ide thewe lfare of the company ? Yet our parliamentary electm

commit a blunder of just the same kind. For what ar emilitary and navaloficer s but ser vants of the uafion ; standing to it in a r elation like that in whichthe oflicers ct a

railway- company stand to the company ? Do they not pe r

formpublic wcrk? do they nct talte public pay? And do nottbeir intese sts difier tr cm those of the publiq as the intcr estsof the employed from those of the- employer? The impr opr iety of admitting executive agents of the State into the

notice ; and in minor oaseshas been preventedhy snndr yActs of Par liament. Enume rating those disqualified forthe House of Commons, Blackstone says

" Ke nn a - m ed ia thomn q snm d any dnfiu orhm mmin im .“ the m a in ionu s d tt u ymcr u y d thafl u n

son '

b ehemoth-1m m “; "cm- la m b ; gov-tunn el

m m m ; m a mm u flm ;m ¢ tb m

M um w yn lctuamng adnuu lmm ouhm u d m u tantu i

“ M m m fl o d w w a dwu u mcmhu .”

lu whichlist nsvaland military ofl csrc would douhtlsuhave besn includnd,had they not always bccn too powe rful

a body and too closely identifled withthe domiu ut clm sn.

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pr actically, lawyers ar e memb er s of the executive organization. They fiorm an impor tant psrt of the appar atm fm'

the administration of justice . By the wor king of thisappar atus they make the ir pr ofits ; and thcir welfar edepends on its being soworked as to br ing them pr ofi,

rather than on its being so wor ked as to administer jmEx actly as militar y oflicer s have inte r ests distinct ir oln,aud often antagonistie to, the eflieiency of the army ; ao,

often antagonistio to, the cheap and prompt enforcementof the law. And that they ar ehahitually swayed by the-a

as sometimes even to destr oy the power of seeing fr om aay

heard a lawyer declaiming on the damage whiohthcCounty- Cour ts- Act had done to the profession ; and

expecting his non ‘pr ofessional hearers to join him in

condemning it there - for l And if,as allthe world knows,

the legalconscieuce is not of the tende r eat, is it wise to

depute lawyers to frame the laws whichthey willbs com

cerned in carrying out ; and the car rying out ofwhichmustafiect their

.pr ivate incomes ? Ar e barrister s, who con

stantly take fees for wor k which they do not perform,

and atto r neys, whose bills ar e so often cr orbihat that aspecial ofice has been established for taxing them—ar e

these, of all other s, to be trusted in a position whichwou ld be tr ying even to the most disinterested ? Neve rtheless, the towns and counties of England have returnedto the present House of Commons 98

60 0i them in actualpractice, aud the r est r etir ad, but

doubtless re taining those class- views acquired during the ir

These cr iticisms on the conduct of constituenciea do nut

necem r ily commit us to the assertion that m s belougingto the oficialand ar istocr atic clasaca ought to be ehoosn.

Thm ghit would be u ter to car q oug in theso important

m ar sm m vs con ceale r —wan ts ir Goon r oe l 299

casem yet we ar e not pr epared to ssy that occe sional

Allwe aim to show is the gr oss impolioy of selecting so

inter ests difier entfi'

om those of the gene r alptnhhm Thatin addition to mor e than a third taken fr om the domine nt

the Honse of Commons shonld ccmtain nearly another thir d

policy,like that of the dominant class, is to ms;intain thingsas they ar e ; we conside r a decisive proof of e lectoral misjudgment. That ont cf the 654 membeas , of whiehthePeople ’s Honse now consists, ther e shonld be bot 250who,as considered fr om a class point of v iew, ar e eligible, or

thing b ut popu lar good sense . That into an assemblyestablished to protect the ir inte r ests, the commonalty of

England shonld have sen t one - thir d whose in ter eets ar e thesame as their own, and two- thir ds whose inter ests ar e at

var iance withtheir own, pr ov es a scarcely cr edib le lack

of wisdom ; and eeeme an awkward fact for the rept e

If the intelligence of tbe me ss is thns not snflicient even

to choose ont men who by position and occnpation ar e fitr epr esentstivemstillless is it snflicient to choose ont men

who ar e thefittest in characte r and capacity. Tc se e whowillbe liable to the hias of pr ivste sdvsntsge is a m y

easy thing ; to see who is wisest is a ver y dificnlt thing ;w d those who do not sncceed in the fir st mnst necessar ilyiailin the lsst. The higher the wisdom the mor e incompr ehensible does it become by ignor ance . It is s menife st

Btdemadvance d the mmg and conseqnently nnder stnnd

ahlehy them : nev er the man who is far in advance oi themand out of their sight. Appreciation oi another imfl iu

ifhe appealed to universal sufirage, would have but a

poor chance . Alasl Jesus Chr ist, asking the Jewswhat he (1m not the answer, Death on thegallows l ” And though men do not nowa days stone fieWM they, at any r ate, ignor ehim. As Mr . Carlyle

says inhis vehement way“n olun msn nins m reooguiuhle u tooh.whichha com ou enhnh

you out awiodom trom the vom ot thm hn men ? “ an yon e

m ismor noble u nm willmshnothing but nomomo out clhim n d &

qnahfiou mdhis vm u md deM iI thq loohtfllthe end d thna"So that, even were electors content to choose the manproved by general evidence to be the most fer - see ing, andr efrained fr om testinghim by the coincide nce ofhis view:with the ir own, ther e would b e small chanoe of theirhittiugon the best. But judging ofhim, as they do, by askinghimwhe therhe thinks this or that cr udity whichthey think, itis manifest thst they willfix on one far removed from thebest. Their deputy will be tr uly representative — ~mpu iscutative, that is, of the average stupidity.

And now let us look at the assembly of repre sentativesthus chosen. Alr eady we have noted the unfit compositionof this assemhly as respects the interests of ita mernhms ;and we have just seen what the r epresentative theory itselfimplies as to the ir inte llige nce . Let us now, however, conside r them mor e nearly unde r this last head .

Andfirst, what is the wor k they under take ? Observe,we do not say the wor k which they ought to do, but theworhwhichthey pmpou to do

, aud try to do. Thir com

pr ehends the re gulation of nearly all actions going on

throughout society. Besides devising measures to prevent

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secur ity ofrailway- tr awlling ; thsyfix thehour afisr wfish

public-houses may not be open g they r egulsts the pricsschargeable by v ehicles plyiug in ths Loudon str eets p tb sy

theyfix thehonr s of factor yhands. If scmc socialproccss

does not seem to thm tohe going on fast m ughthcystimulate it ; whm the growthis not in the dimctiomwhichthey think most desir able, they alter it ; and so they aesk

Suchbeing tlre tssk nnder taken, what, tct us ssk,m thsqualifications for discharging it ? Supposing itpcu ibls to

achieve allthis, what must be the knowledge and capacitissof those who shall achieve it? Successfully !» prescribefor societyfit is needfulto know the str ud ur e of socid ythe pr inciples on whichit is orgauiaed— the natm'alh' s cfits pr ogrcss. If thesehe not ah'ue unde rstanding d whstconsfimtes socid de r d Opment ther e muat nm -ilyhsing those . If ther e be lsckofmnght'

r espschng'

the mntudmake up the national lits, unfor eseen dissstscs willensuefr om not pe rceivinghowan intsr tera oe withouowillafisctthe reat. That is to sayfiher s mnst bs a dus acquaintance

Andnomhow far do cur legislatou posssn this qualiofiestiou ? Do thsy in anymodm te degr es disphy it ? Do

theymabc eveu a distant appr ox imafion to it? N an nyof thsm m very good clsssicalschohr s ishsyond douht :enjoy a Gr oek plsy g but thcrc is no obvion- mhetwscu a memory wellstocked withthc wor ds spohsnto ded withmodsr n socisty. That in lsar d ng tbs lan

guagss of the psst thsyhavc lcam t m e of itshim -

y, is

true ghut considsr ing thst thishiatory is mainly a nar ra

m m m mm con sula r— m u s r r soon run? 306

it does not throw much light on social philosophy— not

been gather ed from it.We do not question,eithe r , that

a moder ate per centage of member s of Par liament ar e

fair mathematicians ; and that mathematical discipline isvaluable . As

, however, political pr oblems ar e not susceptible ofmathematical analysis

,the ir studies in this direction

cannot much aid them in legislation. To the lar ge bodyofmilitary oflicer s who sit as r e pr esentatives, we would not

for a moment deny a compete nt knowledge of for tification ,

of str ategy, of r egimental discipline ; b ut we do not see

that these thr ow much light on the causes and cure of

national evils. Indeed, conside r ing that war foster s antisocial sentimen ts, and that the gove rnmen t of soldier s isnecessar ily despotic, military education and habits ar e morelikely to unfit than to fit men for regulating the doings ofa fr ee people . Extensive acquaintance with the laws

,may

doubtless b e claimed by the many bar r ister s chosen byour constituencies ; and this seems a kind of informationhaving some r e lation to the wor k to be done. Unless,howe ver, this information is more than techn ical— unless itis accompanied by knowledge of the ramified consequenceswhich laws hav e produced in times past and ar e pr oducingnow (which nobody will asse r t), it cannot give muchinsight in to Social Science . A familiar ity with laws is no

more a prepar ation for r ational legislation, than would a

familiar ity with allthe nostrums men have ever used be a

pr eparation for the rational practice ofmedicine . Nowher e,then, in our r epr esentative body, do we find appropr iateculture . He r e is a clever nove list, and the r e a successfulmaker of railways ; this member has acquired a lar gefortune in tr ade, and that member is noted as an agr icul

tural impr ov er ; but none of these achievemen ts implyfitness for controlling and adjusting social processes.Among the many who have passed through the public

school and universityWarm— including thoughtheymay a few Oxford double -fir sts and one or two

wr angler s— the r e ar e none who hav e received the discipline

know ledge of Science in general, culm inating in theScience of Life, whichcan alcns form a hssis fur theScience of Society. For it is cne of thess epen secr ets

whichseem the mor e secr et because thcy ar e so opsn,

that allphenomena displayed by a nstion ar e phenomsmof Life, and ar e dependent cn the laws of Life. The r e is

kind, going on in the body politic, bntwhathu its canss

in the actions of human be ings ; and there ar e no scamofhuman beings but what ccnform to the laws of Life ingener al, and cannot be tr uly under stood until those lawsar e unde r stood .

Se e , then, the immense incongr uity between the end and

the means. See on the one hand the countless dificultiuof the task ; and on the other hand the almost totalunprepar edness of those who unde rtake it. Need we

wonde r that legislation is e ver br eaking down ? Is it notnatural that complaint, amendment, and m a, shouldform the staple business of every session ? Is ther c any.

thing mor e than might be expected in the absurd JackCadeisms which disgrace the debates ? Even withoutsetting up sohigha standard of qualification as that abovespecified, the unfitn essofmost repre sentatives for their dutiesis abundantly manifest. You ne ed but glance ove r themisce llaneous list of nobleman, baronets , squires, merchan ts.bar risters,engineers, soldier s, sailors, railway- director s, etc. ,and then ask what tr aining their previous lives have giventhem for the intricate business of legislation, to see at ones

11m t the incompetsnce . Onc would thinkthat the whole systemhad been fr amsd ou ths sayiugs of

cult ; ths sr t cf gover nmsnt easy. The nnder standing of

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the law ; and that if the right and

law itse lf is criminal . Some,’

think as we do. One of the ir r emu kable men (not includedin the ir Assembly ofNotables) wr itm thus .

“ ‘To aaccrtlin bctWand bsttu M m w'mdWWWM H

m am mam w u m hm m m mms

to thsW0‘tbm Aces. an idea or m s dumhm ustyhas nous idly abr oad ; and at thmdag.ova

M tnficnalccuntfiq m dccidsd by vcm ” “ N kr u mah“ .

The In" of this Universe.of whichi! the M d s“

by n au t'

m m r su n vn sovxam r— ww rs n soon r os ? 807

putwhethe r LawsofNatur e pe rmit. I for got to askwhetherthey considered that diffe r ent kinds of food cou ld be madewholesome or unwholesome by State - decr ee .

One thing that str uck me was the cur iousway in whichthe membe r s of their House of Commons judge of one

another ’s capacities. Many who expr essed opinions of thecr udest kinds, or tr ivial platitudes, or wor n -out supe r stitions,were civilly tr eated. Follies as gr eat as that but a few

year s since utteced by one of the ir min iste r s, who said thatfr ee - tr ade was contr ar y to common sense, wer e r eceived insilence . But I was pr esentwhen one of their numbe r , who,as I thought, was speaking ver y rationally, made a mistakeinhis pr onunciation— made what they call a wr ong quantity ;and immediate ly ther e ar ose a shout of der ision . It seemedquite toler able that a membe r should know little or nothingabout the businesshe was the r e to tr ansact but quite intole rable thathe shou ld be ignorant on a point ofno moment.

The English pique themse lves on be ing especiallypractical— have a gr eat contempt for theor izer s, and pr ofessto be gu ided exclusively by facts. Befor e making or altering a law it is the custom to appoint a committee of inquiry

,

who send for men able to give information conce r ning thematte r in hand, and ask them some thousands of questions.

These questions, and the answer s given to them, ar e pr intedin large books, and distr ibuted among the member s of theHouses ofPar liament ; and I was told that they spent about

a year in thus collecting and distr ibuting evidence .

Never the less, it appear ed to me that the ministers and

representatives of the English people , pertinaciously adher eto theor ies long ago disproved by the most conspicuousfacts. They pay gr eat r espect to petty details of evidence ,but of large tr uths they ar e quite r egardless. Thus, thee x pe r ience of age after age has shown that the ir statemanagement is almost invar iablyhad. The national estate sar e so miserably administemd as often to br ing loss

55

instead of gain . The government

ill that most citiz ens willsubmit to ser ious losnsn n therthan r un r isks of being r uined by law- suits. Countlessfacts pr ove the Governmen t to be the won t owner , mwor st manufactu re r , the wor st trade r : it hc wcu tmanager , bo the thing managed what it may. Bat thooghthe evidence of this is abundant and ccnclnn ve -m wdur ing a r ecentwar , ths bunglings ofoficialswer e as glu ingand multitndinous as ever ; yet the belief that euypr opnusdduties willb e satisfactor ily dischaigsd by a new pfl iic

departmen t appointed to them, seems not a whit theweaker . Legislators, th inking themse lv es practical, clingto the plausible theor y of an ofie ially- r egulated society,spite of ove rwhelming ev idence that oficial regulationpe rpetually fails.“Nay, indeed, the be lief seems to gain stu ngfhm cngthese fact- loving English statesmen , notwithstanding thefacts ar e against it. Proposals for State - control om thisand the othe r ,have been oflate mor e r ife than ever. And

,

listened with grave faces tothe asser tion,made byone of the irhigh author ities, that State - wor kshops ar e mor e economia lthan pr ivate workshops. The ir prime minister, ina recently - established arms-motory, actually told them that,at one of their ar senals, cer tain miu iles cfwar wsr e mannfactured not only be tte r than by the trade , but at aboutone - third the pr ice ; and added, ‘so itwould bo is ollfliiags.’The English be ing a trading people , who must be tales-ably

aud the margin for pou ible economy, the fnct that theyshould have got for the ir chief r epr esentative onc so utterlyin the dark on these m m muchm u a m dsrful

result ofthe representative system.

“ I did not inquir e mnchM erJ or itwas m iféstM

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310 m urm u r ": con st an t— wan ts r r coon roa r

was due to thia. In the marked contrast to theae caaea

by our own armyfin whichgemius is iguuled whilomufis ar e honoumd— in whichwed thand casts make theadvance of plebeian me r it ne x t to impossible

—én wbich

r ende r the best gener alahipalmost nnavailable ; weaee thatthe r epr esen tative system fails iu the oficer ing cf its

en mtivc as muchu iu the cficer ing cf its leg'

ulativs. Astriking antithesis between me actions of the two fonna of

gove r nment is pr esented in the evidence given befor e theSebastopolCommittee r especting ths supply ofhuts to thetions with the English Gove rnment, the contractor (a thehuts met with nothing but vacillation, delay, and ofl cial

r uden ess, the condnct of the Fr enchGover umsnt waamar ked by promptitude, decision, sound judgmen t, and

gr eat civil ity. Ever ything goes to show that for administrative eficiency, autocratic power is the best. If your aim

is a well- or ganised army— ii you want to have san itar ydepartments, and educational departments, and charitydepartments, managed in a businessolike way

— ifyou wou ldhave society active ly regulated by stafis of State -agents ;then by allmeans chooae that system of complete centralo

iz ation which we call despotism.

outset, mosthav s r ead the for egoing pagea withsur prise.Very likely somshave refe r red to tbe cove r of the Ru iec ,

to see whether they have not, in mistake, taken up some

other than the Wa tt-tind er while some may, perhaps,

of epitheta oondemnatory of onr aeeming change of pr ina

le t them not ba d am ei We l-avs not in tba

leaat cwer vsd fmm tbe coufeaaion of faithset for thin our

prospectus. On the contrary, aa ws ahallahor tly ahow,

m arm w m con su m e —wear re 11 ' soon m ?31 1

our adhesion to fr ee institu tions is as str ong as eve r

nay, has even gained strength through this apparently

The subor dination of a nation to a man, is not a wholesome b ut a vicious state of things : needful, indeed, for a

vicious humanity ; but to be outgrown as fast as may be .

The instinct which makes it possible is anything but a

noble one . Call it “he r o- wor ship,”and it looks r espectable .

Call it what it is— a blind awe and fear of powe r , no

matter of what kind, but more especially of the brutalkind ; and it is by no means to be admir ed. Watch it inear ly ages deif'ying the cannibal chief singing the pr aisesof the successful thief ; commemorating the most bloodthir sty war r ior s ; speaking with r eve r ence of those whohad shown undying r evenge ; and er ecting altar s to suchas carr ied fu r thest the vices which disgrace humanity ;and the illusion disappear s. Read how

,wher e it was

str ongest, it immolated crowds of victims at the tomb of

the dead king—how, at the altar s r aised to its he roe s, ithabitually sacr ificed pr isoner s and childr en to satisfy the irtr aditional appetite for human flesh—how it produced thatfealty of subjects to r ule r s which made possible endless

how ithas mer cilessly slain those who would not lick thedust before its idols —read all this, and the fee ling no

longe r seems so wor thy an one . See it in late r daysidealising the wor st as we ll as the bestmonar chs; r eceivingassassins with acclamation ; hur rahing before successfultreachery ; r ushing to applaud the processions and showsand ce r emonies wher ewith efl

'

ete power str engthens itselfand it looks far fr om laudable. Autocracy pre supposesinfer ior ity of natur e on the par t of both r ule r and subjecton the one side a cold, unsympathe tic sacr ificing of othe r ’swills to se lf- will ; on the other side a mean, cowardlyabandonmeut of the claims ofmanhood. Our very language

812 m n m r u xvam um —wear is R econ roar

w d other wor ds of eppuobatim imply a u tm-e at var iam

cr ingv'

ng, epithets cf contempt f Is notWa n da

Btflwm mm neu ? Andhas not the word rm whid

tently embody dislike fior those who moat display tbo

insfinct of subor dination , is alone suficient pr oof tbat this

the par ent of eountless er imes. It is snswerabls for tho

submit— for thehor r on of Bastilsa and Sibe r ias. Ithasever been the r epr eeser of knowledge , of fr ee tb cught, oftr ue pr ogrees. In alltimos ithas foeter ed the v icea of

eonr ts, aud made those vicee fashiomble thmughoatnations. Witha George IV. on tbe throue, it v eekly teilawn thoun ndheg in the shape of pn ye r s tor a

“ most

religious and gracious king.

” Whether you r ead theannals of the far past—wmther yon lOok at tbe varioua

unciviliaed raoes dispen ed over the globH r whether

find that snbmiasion to author ityd ecr sasea as movd ity and

to modm flnnkeyim we sentimenthaaem beea stmegu t

n eu r o long aa tbeir natur ea m savago. or auti- aoeial;

and that it may be maintained, it ia needful that thqshouldhave m ex tr eme m ofme one. Just inpropor tiou

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314 “m ete r /1m : com m —4 m is it eoon r caf

not only in the sense in whichTennyson wr itea iu but alaoin ahighe r sense , thatfFur the r , it is to be noted that while the unlimitsd

author ity of the gr eatest man ceases to be needful ; andwhile the super stitious awe which upholds that unlimitedauthor ity decreases ; it at the same time becomes impeasible to ge t the greatest man to the top. In a r ude aocial

state, wher e might is r ight, whe re war is the businasa of

life, whe re the qualities requ ir ed in the ruler, alike forcon trolling his subjects and defeating huhis enemies, are

bodily strength, conr sge, cunning, wi11, it ism oney to pickou t the best ; or rather —he picks himse lf out. Thequalities which make him the fittest gover nor for thebar bar ians arou ndhim, ar e the qual ities by whichhe ge ts

the qualities needed ; and even we re they needed, thefirmly- organised ar rangements of society do not allow thepossessor of them k through to the top. For - therule of a settled, civilised community, the character isticsrequir ed ar e— not a love of conquest but a desir e for thegeneral happiness ; not undying hate of enemies but a

calm dispatsionate equity ; not ar tful manmnvr iug bu t

philosophic insight. How is the man most endowed withthese to be foundl In no country ishe or dinar ily bor nheir to the thr oue ; and that he can be chosen out of

thirty millions of people none will be foolish enough tothink. The incapacity for r ecognizing the greatest worth,ws have alr eady aeeu illustr ated in our parliamentar ye lections. And if the few thousands forming a constituency cannot pick out from among themse lves theirwisest mam stillless can the millions forming a nation

do it. Just as fast as society beoomss populoua, occupier ,

peaceful ; so fast doea the political supr emacy ci the beltbecome impossible.

m urm u r“ : scu m — wear ta tr coon son? 315

But even wer e the re lation of autocr at and slave a

or ally wholesome one ; and even we re it possible to findthe fittest man to be autocr at we should still contend thatsuch a form of gover nme nt is bad .We should not con tendthis simply on the ground that self- gove rnment is a valuableeducator . But we should take the gr ound that no humanbe ing, however wise and good, is fit to be sole r uler overthe doings of an involved society and that, with the bestintentions, a benev olent despot is ve ry like ly to pr oducethe most te r r ible mischiets which would e lse have beenimpoM ble .We will take the case of allothers the mostfavour able to those who would give supreme power to thebest.We will instance Mr . Car lyle ’s model he ro—Cromwe ll. Doubtless ther e was much in the manner s of thetimes when Pur itanism ar ose , to justify its disgust. Doubt

still str uggling for existence , wer e bad enough to cr eate a

r eactionary asceticism. It is in the order of Natu r e ,how

suddenly. For any permanent effect to be produced itmustbe produced slowly . Be tte r tastes, higher aspirations,mustbe developed ; not enfor ced fr om without. Disaste r issu r e to resu lt fr om the withdr awal of lower gratificationsbefore higher ones have taken the ir places for gratificationof some kind is a condition to hed thfnl existence .

pleasur es and pains are the incen tives and restr ain ts bywhich Natu r e keepshe r progeny fr om destruction . No

con temptuous title of pig- philosophy ” will alter theeter nal fact that Miser y is the highway to Death ; whileHappiness is added Life and the giver ofLife . But indignant Pur itanism could not see this tr uth ; and with theextr avagance of fanaticism sought to abolish pleasur e ingeneral. Getting into power, it put down not only questionable amusements but allothers along with them. And

measur e, to M Cr omwefl. 18“aof one w , fim sll 110 mayhe, is

m inan emWw ,

eventually getshmadieu enforced bymil. Adam smith, m M Q"if? f i

P r

‘ I“

who forges the m mcom ' l‘w NWamalt

—Q aha“ a

y, g

f ;

those who hold m ph-es. Bepugnant asf H La

m ines ,it is yet w e not to be

the m gr eater M which v alhe

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the King ; and to follow the ir adv ice was

pe titioned, remonstr ated, complained of

supplicate d for r edr ess. The King. hav ingtheir r equir ements, swor e to obse r ve them ;

agr eed that any act ofhis in contr avention of

thus established, should be “ respected as

commands, but not execu ted,

that the special aim of the Cor tesinjustices committed by the Kingwas iu thehab it of br eaking thehe made to them ; and that theyenforce the fulfilmenttrace analogous facts.

tually impr omptu repr esentatives of the nation ; and in

the ir demand that justice should neither be sold, denied,nor delsyed, we disoer n the socialevils whichled to thhtaking ofthe power into their ownhands. In es rly times

the knights and burgesses, summoned by the King - it};the view of getting supplies from them,had for theirespecialbusiness to obtaiu fr omhim the redm of gr iev .

ances, thst is -the ex ecution of justice ; and iu theirwithholding supplies until justice was granted.we see boththe need the r e was for r emedying the iniquxties oi autocrnoy,end. And the further development of popular pom

latterly obtaiued, or iginate dfiom the demand for fair er lav a— for less class- privilege, ole -em ptie s , class- injustice :a fact whichthe speeches of the Beform- Billngitation

abundantly pr ove . In France, again, r epr esentative governmcnt gr ew iuto a definite form unde r tho stimnlus o!

ofcentur ieshad r educed the mass oi the people to missryw ha mmb ns ofhaggu d ficu m u en thxw ghout the

m m mrm vs com m r — ww 18 sr soon m ?319

laud— when star ving complainants were hanged on a

gallows for ty fee t big —when the exactions and crueltiesof good - for s uothing kings and vampir e - nobleshad broughtthe nation to the eve of dissolution ther e came, as a

r emedy, an assembly ofmen e lected by the people.That, conside r ed a prior i, representative government isfitted for establishing just laws, is implied by the unan imitywithwhich Spanish,English, and Fr e nch availed themse lvesof it to this end as we ll as by the endeavour s latte r lymadeby otherEu ropean nations to do the like . The r ationale of

the matter is simple enough. Manifestly, on the aver age ofcases, a man will pr otecthis own interests mor e solicitouslythan other s will protect them for him. Manifestly

,wher e

regulations have to be made afiecting the inte re sts of

sever al men, they ar e most like ly to be equitably madewhen all those concer ned ar e pr esent, and have equalshar es in the making of them. And manifestly, wher ethose concer ned ar e so nume rous and so dispe r sed, that itis physically impossible for them allto take part in theframing of such r egu lations, the next best thing is for thecitizens in each locality to appoint on e of the ir number tospeak for them, to car e for the ir claims, to be the ir r epr esentative . The gen eral pr inciple is that the we lfar e ofallwillbe most secur e when eachlooks afterhis own welfar e ; andthe pr inciple is car r ied out as directly as the circumstancespermit. It is inferable, alike fr om human nature and fr om

histo r y, that a single man cannot be trusted with theinter ests of a nation of men, wher e his r ealor imagined

interests clash with their s. It is similar ly inferable fromhuman nature and from history, that no small section of a

nation , as the nobles, can be expected to consu lt the we lfareof the peOple st large in pr efer ence to their own. And itis fu rther inferable that only in a gener al difiusion oi

political power, is there a safeguar d for the general

M m m m mvm nm —wsu u n common?

tained, and ex tended. Fr cm ths earlywr itsm monisg the

to be a most equitable rule that the laws whichccncsr nedsllshould be appr ov ed of by all

—down to the reascns now

niug, the end in view has ‘

been jm ies. Whe the r "cousider the qnestion in the abstract, or whether we

e x amine the opinions men have enter taimsd upou it fmm

theor y of r epm entatin gcv er nment tohq that iththe

And do not the r esults justify the theor y?‘ Did nct our

early Parliamen ts, after long- continued struggles, succeedin cur bing the licentious ex er cise of royal m , snd in

establishing the r ights of the subject ? Abra not the com

parative security and justice enjoyed under our form of

gover nment, indicated by the envy with which e thanatious r egard itlWas not the electicn of the Fr enchConstituent Assembly followed by the sweeping away of

the gr ievous burdens thst weighed down the pecple—bythe abolition of tithes, seigncr ialdues, gabe lle, ex cessive

feudalprivileges and immunities—hy the manumisfion of

the slaves in the Fr ench colonies ? And has not thatReform- Bill, brought about more equitable arrangements 7— as witness ths r spealof the 00r n~hws, and the eqnaliaa

tiou ofpr cbate and legaoydutiss. The pr oofs ar s undsniahlsiIt is clear , botha pr ior i and o pod er ior i, that r epn ssnta

tir e government is sspecially sdapb d for the establishmentand maintenance cf just lsws.

gom m twfile dna m m y tenagamst it at afl,

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W mm mu m m l

judicial ar rangements. While , ther efor e, the lower avm ge

ofintelligencewhichnecessar ily char aoter ises r epr esentativ egove r nmen t, unfits it fcr dischar ging the complex business

of r egulating the entir e naticnallife ; itdoes not nnfit it tcrdischarging the comparative ly simple duties of protector .

meut them is a muchclesr e r identity cf iuter esthemr epre sentative aud cifim than in n spect of the multi

Thoughit is gene rallyof butlittle consequeuce to the memo

ber of Parliament whether state - teachers, state -preachsr s,statetheir wor kwemit is of gm t consequence tohim that lifsaudpr oper ty should be secum ; andhencehe is mor e lihslyto care for the eflicient administr ation of jusfics than fcrthe eficient administration ofanything else . Mor eover , thecomplexity, incongr uity ofpar ts, and gene ral cumbr ousnesawhich de pr ive a represen tative gover nment cf that activ ilyand decision required for pate r nallyo super intending theafie in of thir tymillious of citisens ; do not depr ive it of theability to establish and maintain the r egulations by whichthese citizens ar e prevented from trespassing against oneanother. For the pr inciples of equity ar e permanent aswcllas siumle ; and oucehaving been legally embcdied in theirchief outhneq dlthat devolves on agover nment is tode velopthemmore per fectly, and impr ove the sppliaucss for enforc

ing them : an under takiug for whichths slow and involved

aetion cf a

that whilehy its or igin,governmcnt is showu to

betweeu class au c as wellas between mau

tho ohjecticns whichso str ongly tellagainst it inother r elations to socisty, do not tell sgainst it in thisfundameutslr slstion.

Thns, theu,we r eaohthe solution of tbe pan don. Bel-s is

positions awhile since taken. To the question— What isr epresentative government good for ? our reply is— It isgood, especially good, good above allother s, for doing thething which a gover nment should do. It is bad, especiallybad, bad above allothers, for doing the things which a

gov e rnment should not do.

One point remains.We said, some distance back, thatnot only may r epr esentative gove r nmen the the best, notwithstanding its many conspicuous deficiencies but that it iseven possible to discer n in these very deficiencies fu r therpr oofs of its super ior ity . The conclusion just arrived at

,

implying, as it does, that these deficiencies tend tohinder itfr om doing the things which no governmen t shou ld do,hasalready fu rnished a key to this str ange - looking asse r tion.

But it will be we ll her e to make a mor e specific justificationof it. This b r ings us to the pur e soience of the matter.The ever - incr easing complexity which char acterizes ad

vancing societies, is a complexity that r e su lts from themultiplication ofdiffer en t par ts pe r forming diffe r en t duties.

The doctr in e of the division of labour is now- a- days unde rstood by most to some extent ; and most know that by

each town, each district, is constantly more and mor e

r estr icted to one kind of work. Those who study theor ganisation of living bodies find the uniform processof development to be , that eachorgan gradually acquir es a

definite and limited function : ther e arises, step by step,a more perfect “ physiological division of labour .

” And

in an ar ticle on Progr ess : its Law and Cause ,” published

in our Apr il number, we pointe d out that this increasingspecialisation of functions which goes on in allorganizedbodies, social as we ll as individual, is one of the manifestations of a still mor e general process per vading creation,inor ganic as we ll as organ ic.

time that eachpsr t grows adnpted to the porfimfls r dmyithn mdb chu gc it gmws nnadspted to allothe r d ufiuThe becoming especiallyfit fior one thing, is s bsq

space here to exemplify this me . Any modern work

abundant fllmtr afions of it as exhi'b ited in ths fl olltiou

of living cr estur es ; and as ex lfibitsd in tho evolufiom ol

w eiefiea it may be studisd in the wr ifings of polificnleconomists . Allwhichwe wishhsr s to point out is, “the gover nmentalpar t of the body politic sx emplifics this

its specialworl: without losing suohsbility as ithsd to

pe r form other work.

This then is, as we ssy, the pur e science of the mstm .

The or iginaland esssntialcfice of a gove r nment is that of

inte rnal. In low, undsvelopsd £orms of sodoty, whsr s

work z the gov er nmw thss a contr olling action ove r d l

conduct, individual and social— n gulstss dress, fond,

powes'. In beoommg so constitutsd as to dischn -

ge bstwits esssntialfunction, the gove r nment boocmn mor e limitsdalike in the powsr snd the hsbit of doing other things.Increasing shility to psrform its tr us duty, involmdecreasing ability to pcr furm allothsr kinds of sctions.

And this wndmiomdedncible h-om ths unim sllsw of

lu s alresdy led us.Weham seen thmwhethsr oom idsn d

bu t tor m iug jufios.Wehn ahom hsthe r

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su m rm namos WITH MONEY AND Bums.

[amm aw a m wm m m fin fm less ]

Anoso unmitigated rogues, mutual trust is impossible.Among people of absolute integr ity, mutual trust would beunlimited. These ar e tr u isms. Giveu a uation made upof

liar s and thieves, and alltrade among its members musthecar r ied on eitherhyhar te r or by a cur r encyof intrinsic value :nothing in the shape ofm otives- to p ”can pass in place ofactualpayments ; for , by the hypothesis, such pr emisesbe ing never fulfil led, will not be taken. On the othe rhand, given a nation ct

'

pm'fectlyhoucst men— men as

car efulcf other s’ r ights as of their own— and nearly all

trade among its members may be carried on by memor andof debts and claims, eventually wr itten off against one

another in the books of banker s ; secing that ss, by theno man will ever issne more memoranda of

debts than his goods and his claims will liquidate, hispaper willpass curr ent for

- whatever it represents. Coinwillbe needed only as a meas

'

ur e of value , and to facilitats

those small tr ansactions for which it is physically the mostconven ient. These we take to be se lf- evident truths.

Fr om them follows the cor ollary that in a nation neithawholly honest nor wholly dishonest, ther e may, and "fit

sr sr p u nr ssmos wr ra 1mm sun w as. 827

par tly of in tr insic value and par tly of cr edit- value . Theratio between the quantities of these two kinds ofcur r ency,Supposing that ther e is no legislativ e meddling to distur b

the natural balance , it is clear fr om whathas alr eady beensaid, that, fundamentally, the pr opor tion of coin to paperwill depend on the aver age conscientioasness of the people .

Daily expe r ien ce must ever be teaching each citizen, whichothe r ci tizenshe can put confidence in, and which not.

Daily exper ience must also eve r be teachinghimhow farthis confidence may be car r ied. From personal exper iment,and from cur r ent opinion ,

which r esults from the expe r imentsofothers, every one must lear n ,

more or less tr u ly,what creditmay safe ly be given . If allfind that their neighbou rs ar e

little to be tr uste d, but few promises- to -

pay will cir cu late .

And the simulation of promises- to-

pay will be gr eat, if all

find that the fulfilment of tr ading engagements is tolerablyce r tain . The degr ee ofhonesty characte r ising a commun ity,be ing thefir st r egu lator ofa cr edit- cur r ency ; the second isthe degr ee of pr udmce. Other things equal, it is manifestthat among a sanguine, speculative people, pr omissorypayments will be taken mor e readily, and will therefor ecircu late mor e large ly, than among a cautious people . Two

men having exactly the same expe r ience s of mercantiler isks will, unde r the same ci rcumstances, r espectively givecredit and refuse it, if they ar e r espective ly rash and

will be similar ly contr asted in the r elative quantities of

notes and bills in cir culation among them. Nay, they willb e more than similar ly contrasted in this respect ; see ingthat the pr evailing incautiousness, be sides making eachcitisen unduly r eady to give credit, will also pr oduce inhiman undue r eadiness to r iskhis own capital in specu lations,and a consequen t undue demand for cr edit from othe rcitiz ens. The re will be both an increased pressure fo rcr edit and a diminis r esistance ; and the r efore a mor e

su r r—rm m cs wir e sonar a n au r a.

national char acter istic and its consequenceg wahar e a

conspicuous e xample in the United States.To these comparatively permanentmoral causes, on which

the ordinary r atio ofhypotheticalto r ealmousy in a com

munity depends, have to be added cer tain tempor ary moraland physical causes, which pr oduce temporary variations inthe r atio. The prudence of any people is liable to mor e aless fluctuation. In railway-maniac and the like, we ace

that ir rationalex pectations may spread thmugha wholenation , and lead its membe r s to give and take meditalmoatr ecklessly. But the chief causes of temporary var iationaar ethose which dir ectly afiect the quan tity of available capinl.

Wars, deficient harvests, or losses consequent on the misfor tunes of othe r nations, o il], by impoverishing thecommunity, inevitably lead to an increase in the ratio cl

pr omissory pcymeats to actualpayments. For whatmuathedone by the citizen disabled by such causes frommee tinghisengagemen tsl— the shopkeepe r whose customhas fallen 03

in consequence of the high pr ice of br ead ; or the manufactur er whose goods lie in his war e - r ooms unsaleable : orthe me rchant whose for eign cor r espondents failhim? As

the proceeds ofhis business do not sufioe to liquidate theclaims onhim that ar e falling due ,he is compe lled either tofind other means of liquidating them, or to stop payment.Rather than stop paymen t, he will, of cour se , maketempor ary sacr ifices— will give high terms to whoeve r willfurnish him with the desir ed means. If, by depositingsecu r ities withhis banke r ,he can get a loan at an advancedrate of interest, well. If not, by ofier ing an adequate

temptation,he m y mor tgage his pr operty to some one

having good credit ; who eithe r gives bills, or draws onhisbanker for the sum agr eed to. In cither case, ex tr a

promises to pay ar e issued ; or , if the dificulty is met byaccommodation- bills, the same result followa. And in pro

por ticn to the number of citiaens obliged to resort to one

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380 m —rm r smss wa s noun m »an ts.

ments in circulation. Manifestly, if the membcra of a

community whose annual re turns but little mor e than snficsto meet the ir annual payments suddenly loss par t of tbsir

annual r e tu r ns, they must become pr oporfionately in debtto one another ; and the documents e xpr essir e ol' debt mustbe propor tionate ly multiplied .

This a pr ior i conclusion is in perfectharmony withmwrepeate d illustrations of its truth. After the enormousexport of gold in 1795- 6 for war - loans to Germany

, and to

me et bills drawn on the Tm sury by Br itishagents abr oad ;and after large advances made under a mor alby the Bank of England to the Gover nment ; ther e fo llowedan excessive issne of bank - notes. In 1796 - 7, the r e weretailu r es of the pr ovincial banks ; a panic in London a r un

on the nearlyoe xhauswd Bank of England ; and a Suspen

sion of cash - payments— a State - author ised r efusal to redeempromises to pay. In 1800, the fur ther impove rishmentconsequent on a bad har vest, joined with the legaliz edinconvcr tib ility of bank - notes, entailed so great a multipli.cation of them as to cause their depreciation. During thetemporary peace of 1802, the country par tly recovere ditse lf; and the Bank of England would have liquidatedthe claims on it had the Gove r nment allowed . On thesubsequent r esumption of war , the phenomenon was r e

peate d ; as in late r times ithas been on eachoccasicn whenthe community, car r ied away by ir rational hopes,has lookedupan undue proport ion of its capital in permanent works.Moreover, we have still mor e conclusive illustrationsillustrations of the sudden m ticn of commercial distressand bankruptcy, resulting fr om a sudden incr ease of cr editcirculation. When, ln 1793, ther e came a general crash,main ly due to an unsafe banking- system whichhad grownup in the provinces inW e i tbe Bauk ofEnglandmonopoly— when the pressure, extending to London, became so gr cat as to alarm the Bank- directors and to causo

STATWAI PERINGSWITH noun AND BANKS. 331

them suddenly to restr ict the ir issues, ther eby pr oducing a

fr ightful mnltiplicatidn of bankruptcies ; the Gover nment(to mitigate an evil indir ectly produced by legislation)determined to issue Ex chequer - Bills to such as could giveadequate secur ity. That is, they allowed har d - pr essedcitizens to mortgage their fixed capitals for equivalen ts of

State - promises to pay, with which to liqu idate the demandson them. The efiect was magical . only of

Exchequer - Bills we r e r equir ed . The consciousness thatloans could be had, in many cases pr ev ented them fi-cmbe ing needed. The panic quickly subsided ; and all theloans were ver y soon r epaid. In 1825, again, when theBank of England, afterhavingintensified a panic by extr eme

r estr iction of its issues, sudden ly changed its policy, and infour days advanced notee on allsor ts ofsecur ities,the panic at once ceased.And now

, mark two impor tant tr uths. As just implied ,those expansions of paper - cir cu lation which natur ally takeplace in times of impove r ishment or comme r cial difiicnlty,ar e highly salutary. This issuing of securities for fu tur epaymen t when ther e does not exist the wher ewith for

immediate payment, is a means of mitigating nationaldimeters. The process amounts to a postponement of

tr ading-engagemen ts which cannot at oncehe met. And thealternative questions to be asked respecting it ar e— Shal lall the merchants, manufactur e r s, shopkeeper s, etc., who,by unwise investmen ts, or war , or famine, or great lossesabroad, have been in par t depr ived ofthe means ofmee tingthe claims upon them, be allowed to mor tgage their fixedcapital or

, by be ing debar r ed fr om issuing memoranda of

claims on their fixed capital, shall they be made bankr uptelOn the onehand, if they ar e per mitted to avafl themse lvesof that cr edit which the ir fellow - citizens willingly giv ethem on the str ength of the profie r ed secu r ities, most of

them will tide over the ir dificulties ; and in vir tue of thataccumulation of surplus capital eve r going on , they will be

56

332 n an - r u m wir e sonar a n m u .

other hand, if they ar e fosthwith car ryingwith them othe rs, and thm again othem ther e follows a

disastrons loss to allthe cr editor s : pr opm'ty to an immcnss

and those who in a year or two wouldhar e hecn patd infull, must be content with100. in the pound. Addsd te

whichevilcomes the stillgr eater one—an ex tensive dam gs

to the or ganiaation of society. Numerous importing,”ducmg, and distr ibuting establishments ar e swept away ;teus of thousands of their dependents ar e left witbont

work ; and befom the industr ialfabfic can bs r epaM a

longfime must ehpsmmuchhbom m sths idhand gru t

distr ess be bor ue . Betm n thwe d wrmfivemwbmthm,

esn pause l‘ Let this spontaneous remedialproceas follow

its own cour se , and the ev ilwilleithe r be in gr eat measur eev entually escaped, or willbe spr ead little by little over a

considerable period. Stop this r emedial pronounce d thewhole evil, falling at once on society,willb r ingwidc

-spn ad

The second cf thsse impor tant trnths is, that an cx pandad

cir culation of pr omisee to pay, caused by abaolnta cr

re lative impove rishment, con tracts to its normal limits as

fast u the need for e xpausion disappsar s. Par the non

ditions ofthe easc imply that allwhohm m rmsgcd thsirfix ed capitala to obtaiu the means d meetiug M engage

ments, have done ao on unFavour able te rm ; aud ar s

themfore nuder a atmng stimulus to pay ofitheir mor tgngeaas quickly as possible . Ev ery one who,“ a time of cornme r cialpressur e, gets a lcan from a bsnlr ,has to givehighinter est. Bence , as far t as pmspe r ity n tar ns, and hfiapmfits accumulatc,hs gladly eacapea thisheavy tax byrepaying ths loanfl n dcingwhichha dir ectly cr indiw ,

takea bachto the bank as largs a nnmher of its cr edit

dwm enu u he edgindly rwd vfiand m dinfinkbn cths

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834 arms-n ar r a tion wr rn s cam ! a n lu gs;

or r ash,or stupid, will inevitably suficr the penalties ofdia

honesty, or r ashness, or stupidity. If any think that bysome patent legislative mechanism, a society of bad citizenscan be made tc work together as wellas a society of goodones, we shall not take pains to show them the contrary.lf any think that the dealings cf men dcficient in updghtness and foresight, may be so regulated by cunn inglydevised Acts cf Parliamen t as to secur e the eflbcts ol

uprightness and foresight, we have nothing to say to them.

Or it’

ther e ar e any (and we fear ther e ar e number s) whothink that in times of commer cial dimculty, resulting fr omimpove r ishment or othe r natur al causes, the evil can bestar ed - off by some ministe r ial sle ight of hand, we despairofconvincing them that the thing is impossible. See it or

not,the tr uth is that the State can do nona ct these things.

As we shall show, the State can, and some times does, produce commer cial disaste rs. As we shall also show

, it s-m,and sometimes does, ex acer bate the commercial disaster:otherwise produced. But while it can cr eate and a n makeworse , it cannot prevent.All which the Statehas to do in the mattr r is todinchar ge

its ordinary office— to admin ister justice . The enforcement

of con tr acts is one of the functiom included in ita m u ll

function ofmaintaining the rights of citizens. And amongothe r contracts whichit is called on to enfor cq sr e thacontracts expressed in credit- documents— bills ofet chings,cheques, hank - notes. If any one issues a promisa-to-

pay,cither on demand or at specified date, and does nct fulfilthat pr cnn’ne, the 8tate , when appealed to hy the creditor,is bouud in its pmtective capaoity to obtain fulfilment o!

the pr omise, at whatever cost to the debtor, or such partialfulfilment of it ashis efiecta snfl ce for . The State ’s dutyin the case of the currency, u in other casmhste r nly to

threaten the penalty oi bankr uptcy on sllwhomako ongagsments which they cannot meet, and ste rnly to infiict the

su n - fu m es wr ra x osm r m w as. 835

penalty when called on by those aggrieved . If it falls shortof this,mischiefensues. If it exceeds this,mischiefensues.

Let us glance at the fac ts.

H ad we space to tr ace in detailthe history of the Bank of

England— to showhow the pr ivileges contained in itsfir stchar te r wer e br ibes given by a distr essed Gove r nment inwan t of a lar ge loan—how,

soon after war ds, the law whichfor bad a par tne r ship ofmor e than six per sons fr om becomingbankers

,was passed to pr even t the issue of notes by the

South- Sea Company, and so to pr ese r ve the Bank -monopoly-how the continuance of State - favours to the Bank

,cor r e

sponded with the continuance of the Bank’s claims on theState we should see that, fr om thefir st, banking- legislationhas been an organized injustice . But passing over ear lie rperiods

,let us begin with the events that closed the last

cen tu ry. Ou r r uler s of that dayhad en te r ed into a war

whether with adequate reason n eeds not her e be discussed .

Theyhad lent vast sums in gold to the ir allies. Theyhaddemanded large advances from the Bank ofEngland, whichthe Bank dur st not r efuse . Theyhad thus necessitated an

e x cessive issue of notes by the Bank. That is, theyhad so

gr eatly diminished the floating capital of the commun ity,that engagements could not be met ; and an immensenumber of pr omises- to-

pay took the place of actual payments. Soon after , the fulfilment of these promises becameso difficult that it was for bidden by law ; that is, cash

national impoverishment and consequent abnormal conditionof the cur r en cy, the State was r esponsible. How much ofthe blame lay with the gover n ing classes andhow muchwith the nation at large , we do not p r e tend to say. Whatit concer ns as her e to note is, that the calamity ar ose fr omthe acts of the r uling power. When, again, in 1802, afte r

a short peace, the available capital of the conimunityhad sofar incr eased that the redemption ofpr omises te -

pay became

336 su m surssmos wr ru noun m su n .

r edeeming them, the legislatur e interposed ite veto ; and ”

they wou ld naturally have ceased. Still more din ett e“ ,

however ,we re the results that by oand- by ensued b orn State

por ar ily cancelled a gr eat par t of them, by seying to everybanker ,

“Yon shallnot be called on to liquidate in coin thepr omises- to-

pay which you issue ,”the natural checks to

followed ? Banks being no longe r required to cash the irnotes in coin ; and easily ob taining fr om the Bank of Bugsland, supplies of its notes in exchange for fix ed seem- ides ;were r eady to make advances to almost any exten t. Not

being obliged to raise the ir rate of discount in comequence

of the diminution of their available capital and reaping a

pr ofit by eve ry loan (of notes) made on fixed capital : the rear ose both an abnormal facility of bor row ing, and an ab

normal desire to lend. Thus we r e foste r ed the wild specu

lations of ISM—speculations that wer e not only thmfoste r ed, but were in gr eat measure caused by the pre viousover - issue of notes ; which, by further ex aggerating thenatural rise of prices, increased the apparent profitableness of investmen ts. And allthis, be it remembered, tookplace at a time when there should have been r igid economy

-e t a time of impoverishment consequent on continuedwar—at a time when , but for law- produced illusions. therewouldhsvo been commer cial str aitness and a corm pondingcs r efulnees. Just when its indebtedness was unusuallygr eat, the community was induced still further to increaseits indebte dness. Clear ly, then, the progressive accumulation and depreciation of pr omises- to-

pay, and the com.

me r cialdisasters which finally resulted from it in 181415 46, when ninety provincial banks were br oken and

more dissolvedn rere State opr oduoed evils : per tly due to

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by ; “M au r e e fl ou ofw h defende r s

Betntnmg now to the cn s d the flu k d w let

m p at M to a»? w IM m e still 0 y o

a “ a t theW oflaw

am m hle thm of 1825,

have m ” a nd.Wm m “QQ .

a stound of tbs-e m Ami onWnecen'

ou this

by Act of

p udent thtngs ; ad ,“M M M WGhmldhavethought the t m om n n eislWepwlm n pphsd aregard- n ah“ . M u ham w em nowfihmgh

su n - u nm xscs wnw noun m u m m 339

nothing whate ve r to do with the issue of bank- notes, b ut,as in the case of the Weste r n Bank of Scotland, occurredalong with dimin ished issues— and though in Hambur g,whe r e the cur r ency pr inciple ”has been r igidly car r iedout to the ver y lette r , the re has been a worse cr isis thananywher e e lse ; yet ther e will r emain plenty of be lievers inthe eficiency of Sir R. Pee l’s pr ophylactic.But, as alr eady said, the measur e has not only failed ithas made wor se the panics it was to have war dede fi.

And it was su r e to do this. As shown at the outset, themultiplication of promisec that occurs at a per iod of

impoverishmen t caused by war , famine, over - investmen t, orlosses abr oad, is a salutary pr ocess of mitigation— is a

mode of postpon ing actual payments till actual paymentsar e possible— is a pr eventive of wholesale bankruptcy— is

a spontaneous act of se lf- pr ese r vation .We pointed out,

not on ly that this is an a pr ior i conclusion, but that factsin our own me rcantile histo ry illustr ate at once the natur alneas, the benefits, the necessity of it. And if this conclusionneeds enfor cing by fur the r evide nce , we have it in the r ecen teven ts at Hamburg. In that city, the r e ar e no notes incirculation but such as ar e r epr esented by actual equivalents

of bullion or jewe ls in the bank : no one is allowed, as withus, to obtain bank- promises- to -

pay in r e tur n for secur ities.

Hence it re sulted that when the Hambur g me r chants,lacking the ir remittances fr om abr oad, wer e suddenlydepr ived of the wherewith to meet the ir engagements ; andwer e pr evented by law from M g bank-

pr omises~ to-

pay

wholesale . And what finally happened ? To pr even tunive r sal ruin , the Government was obliged to decr ee thatallbills of ex cha coming due, should have a mon th’sgrace ; and that e r e should be immediate ly formed a

mopay in r etur n for secur ities. That is,having fir st by its

340 ar ar s- u u r sntnes wrr n t oss? u m u m

r estr ictive law ruined ahost of me r chants, the Gom men twas obliged to legaliz e that postponement of paymentswhich, but for its law,

would have spontaneously takenplace . With such fur ther confirmation of an a pr ie st

conclusion, can it b e doubted that our late commer dal

difficulties we r e in tensified by the measure of 1844 7 Is itnot, indeed, notor ious in the City, that theWebincr easing demand for accommodation , was in great partdue to the conviction that, in consequence of the Banb Act,there wou ld shor tly be no accommodation at all? Don na

eve ry London me rchant know thathis ne ighbours whohadbills coming due , and who saw that by the time they weredue the Bank would discount only at still highe r rates,or not at all

, decided to lay in beforehand the means of

mee ting those bills? Is it not an established fact that theboarding thus induced, not only r endered the pr essure on

the Bank gr eater than it would othe rwise have bee n,but,

by taking both gold and note s out of circulation, made theBank’s issues temp

orar ily use less to the general public ?

Did it not happen in this case , as in 1793 and 1826 , thatwhen at last r estr iction was removed, the mere consciousness that loans could be had, itsetf prevented them frombe ing requir ed ? And, indeed, is not the simple fact thatthe pan ic quickly subsided when the Act was suspended,suflicient proof that the Act had, in gr eat measure .produced it.See , then , for whatwehave to thank legislative meddlin g.

Dur ing ordinar y time s Sir B. Peel’s Act, by obliging theBank of England, and occasionally provincial honkn, tokeepmor e gold than they would otherwiaehave kept tandif ithas uot done this ithas done nothing),has infiioted a

tax on the nation to the e x tent of the inter est on cachpor tion of the gold - currency as was in e

ox oess of the m ed;

a tax which, in the cour se of the hst thir teen yearyh-aprobably amounted to soms millions. And then, on the twooccasions when thor ehave arissn the cr ises that woa to

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348» arm - u nr n mee wxm non r m m u .

was seen that this efinx of gold was a cmlseqeenee o r theov er- issue d notes ; and that the accompanyiq highpr ieeof gold u paid for mm tcg pm ed the deptvdation ot

notes. And then it became an established docn-ina that anadverw state of the for eign u chu geg indicating a dr aino f

gold, was siguificant of an ex cessive circu lation of notes ;and that the issue of notes should be r egulatsd by the atateThis unnatu ral condition of the cur r encyhefing continned

for a quar ter of a century, the concomitaut doctr ine w oted

itself in the gener almiud. And nowmar k one of the mnlti

good only for an ar tificial smte ,has sur vived the r etur n to anatural state ; and men

’s ideas about our rm have been

r educed by it to chronic conq .

ci hauk - noteg an efiu x of goldmay,and often doos, indicatean e issue of bank- notes ; under cir cumstances an efilux ofgoldhas little or nothing to do witht‘heissue sf bank- noteg but is determined bymer elymemantile

causes. And the tr uthis that far fmm being an eviLanefflux ofgold thus br ought about by ma eantfle m is a

good.suchex por tations of gold as take place for the auppon

of armies ab road ; the cauae of emux is eithe r an actual

ple thora of all commodities, gold included, which rea ltin goldheing sent ont of the country tor the pmpoaa of

tor eign investmant ; or elae an abundance of gold aa

thiahst m m the efilux of gcld indioatss aomc abaolute

or mlative impowfishment of the mfim it iaa meaas ot

mitigating thc bad oonacquemces of thathnpom ishmant.Consider the question as one of politicalecenomy, “

for uae and conmmption ce rtain qeaufitha of

commoditiea, of whichgold is one. Theae commoditias

m m am amos wr ru sonar w e w as. 4 343o

ar e sever ally and oollectiv ely liable to fallsbor t ; e itherfr om deficisnt har vests, from wasts in war , tr om losaes

ab road, or fr om too gr eat a diver sion of labour or cspital

in some specialdirection. When a scar city ot'

some ch iefcommodity or necessary occurs, what is the remedy l’ Thecommodity of whichther e is au ex cess (or if none is inexeem, then that which can best be spared) is expor tedin exchange for an additional supply of the deficien tcommodity. And, indeed, the whole of our foreign tr ade ,alike in or dinary and extrao rdinary times, consists in thisprocess. But when it happens either that the commoditywhichwe can best spar e is not wanted abr oad ; or (as

recently) that a chief fore ign customer is temporarilydisabled from buying ; or that the commodity which wecan best spare is gold ; then gold itse lf is ex por ted in

exchange for the thing which we most want. Whateve rform the transaction takes, it is nothing but bringing thesupplios of var ious commodities into harmony with thedemands for them. The fact that gold is expor ted, issimply a proof that the need for gold is less than the needfor other things. Under such cir cumstances an efilux of

gold will con tinue , and ought to continue, until otherthings have become re latively so abundant, and goldr e lative ly so scarce , that the demand for gold is equal toother demands. Andhe who would prevent this process,is about as wise as the miser who, finding his housewithout food, chooses to starve r ather than draw uponhis pur se .

The second question Shall the Bank have per missionto le t its r eeer ve of gold diminishso gr eatly as to r iak theconver tibility of its notes ?” is not more profound thanthe fir st. It may fitly be answe re d by the mor e generalquestion Shall the mer chant, the manufacturer , or theshopkeeper , be allowed so to investhis capital as to riskthe fulfilment ofhis eugegementsl” If the answer to thefir st be “No,

”it must be “No " to the second. If to the

344 mam w rsm os wtr a m n wn asm

second it be “ Yes,” it must be “Yes” to thefir st. M y

one who proposed that the State shonld over aee thetr ansactions of eve ry trader , so as to insnr ehts ability to

cash alldemands as they fell due, might withconsistencyargue that banker s should be under like con trol. Butwhile no one has the fofly to contend for ths m nearlyall contend for the other . One wonld think that thebauker acqnir ed in vh'me ofhis occupatiomsome abnormal

ar e restrained bya wholesome dread of bankr uptcy, tl'aden

in capitalhave a longing to appear in the M whichlaw alone can preven t them fr om gratifying ! Sure ly themoral checks which act on othe r men will act on banker s.

And if these moral checks do not suffice to pr oduce pe rfe ctsecur ity

,we hav e ample proof that no cunn ing legislative

checks will supply the ir place . The current notion thatbanker s can, and will, if allowed, issue notes to any exten t,is one of the absu rdest illusions— e u illusion, however.which would never have ar isen but for the vicious ove rissues induced by law. The tr uth is that, in the fir stplace

, a banker cannot increase his issue of note s at will.It has been pr oved by the unanimous testimony of t il

bankers who have been examined before successive parliamentary committees, that the amount of the ir issue s isexclus ively regulated by the exten t of local dealings and

expenditur e in their r espective districts ,"

and that anynotes issued in exce ss of the demand ar e

“ immediate lyr etu r ned to them.

”And the tr uthis, in the second place,

that a banker m'

llaot, on the aver age cf m iasue

more notes than inhis judgment it is safe to issue ; see ingthat ifhis promises- to -

pay in circulation, ar e much in

excess ofhis available means of paying themhe r uns a

great r isk oihaving to stoppaymenH resnlt of whichhohas no lsss ahor ror than other men. I! facts ar e neededin proof of this, they ar e fur niahed by thehistory of boththe Bank of England and the Bank of It-elaud ; whioh,

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346 er sr swm r tm ss wr ra mm w e w as.

was entailed

hor r or of thecontr ived to shufie—ofl the odium on totools, the State gravely lectur es theupon its guilt ; and withmem eet face pum meacur ee to

pr event it fr om sinning lWe contend , theu, that neither to restrafi: the emu x of

gold, nor to guar d against the over - issue of bank- notea,

promptly execute the law agn'

nst alldefaulters, the se lfinte r est of banker s and trader s willdo the r est r suchevilsas would still r esult from me rcantile dishonestiee aad

imprudences, be ing evils which legal regulation mayaugment but cannot pr event. Let the Bank offingland,in common with every other bank, simply cousiflt its own

safety and its own pr ofits ; and ther e will rcsult just asmuchcheck as should be put, on tbe emux ofgohlor thocir culation of paper ; and the only check that can b e pe t

cn the doings of speculato r s. Whatev er leads to unuaual

draughts on the resou r ces of banks,imtnediately csnsee a

r ise iu the rate oi disconnH rise dictated b‘

othby thewishto make incr eased pmfits, and the wishto avold a

dange r ous decrease of r esoumes. This raised rate of

discount prevents the demand from being so gr eat aa it

would elsehave been— alike checks undue ex pansion of thenote - circulation ; stops speculator s fr om making furtherengagemen ts ; and, if gold 18 being exported, diminishesthe pr ofit of ex portation. Successive rises saoceu ivelyincr ease these eflects ; nntil, eventuallymone willgive therate of diacount asked, save those in

the efiux of gold, if it h

in times ot great pr essur e,

high diacounte, banhallow their cir culation to u paad to

STATE- TAMPREINGB wrr a nos x r ann asses. 847

a somewhat dangerous extent, the cour se is justified by thenecessitie s. As shown at the outse t, the process is one bywhich banks, on the deposit of good secur ities, loan theircr edit to tr ade r s who but for loans would be bankr upt.A nd that banks should r un some r isks to save hosts of

solvent men fr om inevitable r u in ,few will deny. Mor e

over , dur ing a cr isis which thus r uns its natur al cour se ,the r e will r eally occur that pur ification of the me rcan tilewor ld which many think can be effected only by some

Act- oi- Par liamen t or deal . Under the circumstances described , men who have adequate secur ities to ofier willget bank - accommodation but those who, having tradedwithout capital or beyond their means, hav e not, will bedenied it, and will fail . Under a fr ee system the goodwill be sifte d fr om the bad ; whe r eas the existing r estr ic

tions on hauls -accommodation, tend to destr oy good and

bad together.Thus it is not tr ue that there need special r egulations topr event the inconve r tibility and depr eciation of notes. Itis not tr ue that, b ut for legislative supe r vision, banke r swou ld let gold dr ain out of the coun try to an undue extent.It is not true that these cu r r ency theor ists ” havediscove r ed a place at which the body- politic would bleedto death but for a SM stypfim

What e lse we have to say on the gene ral qu estion, maybest be joined withsome commentar ies on provincial andjoin t- stock banking, to which let us now tur n .

Government, to prese r ve the Bank ofEngland -monopoly,having enacted that no par tnership exceeding six pe r sonsshould become banker s and the Bank ofEngland havingr efused to establish br anches in the provinces; it happened,dur ing the latter half of the last century, when the industr ial progress was r apid and banks much needed, thatnumer ous pr ivate traders, shopkeepe r s and others, begant issue notes payable on demand. And when, of the four

34-8 sr sr e rm r smses mm nose! asp mat s.

hundred small banks whichhad thus grown up in less

than fifty year s, a great number gave way unde r thefir st pressure— when, on se ve ral subsequent em u ,

like results occur r ed—w hen in Ire land, wher e the Bankof Ire land-monopoly had be en similar ly guaranteed, ithappened that out offifty pr ivate provincial b anks, fortybecame bankr upt - and when, finally, it gr ew notorious

acar cely a single bank - fail ure ; legislators at onoe decided

to abohah' the r estnctwn'

whichhad entailed suchmischiefs.’

tained alawwhichfir st oaused gr eat inconvenience and thenextensive ruin, time afte r time r epeated— Government, in1826, conceded the libe r ty of joint stock banking : a liber tywhich the good m y pubhmnot distinguishing between a

r ight done and awr ong undonen egarded as a gr eat boes l

But the liberty was not without conditions. Havingpr e viously, in anx icty tor itsWJhe Bauk of England

,

been r eckless ot thehanking eecnr ity oi the oomnmnity at

asce ticism, allat once became ex tr smely solicitou on thispoint ; and dete rmincd to pot guarsntees of its own

de r iaing. in plaoe ot tho uatun lguan nteo of mer cantile

judgment. To iutending bank-shu eholdcr s it said— “ You

shallnot unite on suchpubhcly‘unden tood oonditiou as

you think fig and get sachconfidsnce as willnatmallycome to you on those oonditiona.” And to the puhlie itadd— “ You shallnot put tr ust in this or that u sociation

in pmporfion amfr om the uhar actcr oi its membor s and

mmtitutim you judgo it m be wor thy of tmst” But te

bothit m d— "You ahall tbe ooe give , and the othsrr ece ive my inhllibleAnd now whathave been the r esultslEve ry one knows

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a sliding- scale for the issu es of the Brtnk MWthoAct of 1844fix ed the max imum cir culaficm of m ry pro

v incialbank- of- issue ; and for bad auy Fur thor bmka-m'

o issue .Wehave not space to disouss at lm gththe eflecb of thisrestr iction ; which must have fallen rathe r har dly on thoaeespecially- car efu l banker s who had, during the twelveweehs pr eceding the 27thApr il, 1844, narmwed theirissucs to meet auy incidentalcon tingencies ; while it w e

that per iod. Allwhichwe can nofice imthat this r igomna

limitatiou of pr ovincialissuea to a low max imnmhnd a

low maximum was purposely fixed) edectually pr e ventsthose localex pansions of bankmote cimulatiou which, aswe have shown, eught to take place in per iods cf com

mercialdificulty. And further , that by transferring all

local demands to the Bank of England, as the ouly plaoofrom whichex tra accommodatiou can behad, theis to concentmte a pr essure whichwould else be difiused,and so to cr eate pauio.

Saying nothing mor e,howev er , r ospecting the impolicyof the measur e , let ns marlr ius futility. As a meaus of

preserving the conver tibility of the pr ovincialbank- uoto,it is useless unless it acts as some safeguu d against banhfailur es ; aud that it does uot do this is dcmou tn bla.While it dhninishes the lilcelihood ol

'

failur es caused byover - im e of notes, it incr easea the likelihood of failur es

Prom other causes. For what willbe doue by a pr oviucialbanker whose issucs ar e r estr icted by the Act of lM to a

levellower thau that to whichhe would otherwisehave letthem r ise l Ifhe would, but tor tho law,have issued mor enotes thanhe now dow - ifhis r eser ve is greate r M hihis judgmenhis needfultor the aeeur ity ol

’his notes ; is ituot clear thathe willsimply ex teudhis operations iu otbar

directions ?Willnot the ex cess ofhis sn ilable capitalba

tohim a wu 'r snt either for enter iug into largnr lpeonhitionshimsclf, or tor allowinghis oustomcn to drnw cn

su r e r u r rmx os wrm noun m u m us. 351

him b eyond the limithe would elsehave fixed ? If, in the

absence of r estr iction,his rashness would have ledhim to

r isk bankr uptcy by ove r - issue, will it not now equally leadhim to risk bankr uptcy by over - banking? And is not theone kind of bankr uptcy as fatal to the conver tibility of

notes as the othe r ?Nay, the case is even wor se . There is r eason to be lievethat bankers ar e tempte d into gr eate r danger s under thisp rotective system . They can and will hypothecate theircapital in ways less direct than by notes ; and may ver ylikely be led, by the unobtrusiveness of the pr ocess, tocommit themse lves mor e than they would e lse do. Atr ader , applying to his banker in times of comme rcialdifficulty, will often be met by the r eply I cannot make

you any dir ect advances, having alr eady loaned as much asI can spar e ; but knowing you to be a safe man I will lend

you my name . He re is my acceptance for the sum you

requ ir e : they wil l discount it for you in London.

” Now,

as loans thus made do not entail the same immediateresponsibilities as when made in notes (see ing that they ar ene ither at once payable , nor do they add to the dange r s ofa possible r un), a banker is under a temptation to extendhis liabilities in this way fur the r thanhe would have done ,had not law for cedhim to discover a new channel throughwhich to give cr edit.And does not the evidence thathas late ly tr anspir ed go

to show that these r oundabout ways of giving cr edit do

take the place of the in ter dicted ways ; and that they mmor e dangerous than the in terdicted ways ? Is it not

notorious that dangerous for ms of paper - cur rency havehadan nnex ampled development since the Act of 1844 ? Do

not the newspapers and the debates give daily proofs of

this ? And is not the process of causation obvious ?Indeed it mighthave been known, a prior-i, that such a

r esult was sur e to take place. Ithss been shown conclu

352 su m m num m eam

d m wmm —m m d w m m

caness en equin lent incr en e in the issnee uf neighbou ingbu nker s. And in pe ct timee ithss bm more than cnce

d finghnd withdmw pefi ol iht he prw inchlbenke rs immedintely mnltiplied tbeir notee to n pmpor

pape r - cur r ency?Willit nothnppen that jnst es dimwing the nota chcnlstron of one banhmer cly edds to fienoted rcnlatiou ot otha banh; so, an artificialreetrictionon the cimulatiou cf bank- notes in gsnsr sl. will d u plycause anmcr eesed cimnlatiun of some eub stituted kind ol

vir tue of its nor elty md im gulsr ityfl ihsly to be a n or e

unsate ldnd ? See, the n, the pr edicament. Om all the

tenths of the paw l-ency ei the kingdom, the State

u srcim and can ex m isg nn contml. And the limit itputs on the r sunaining tenthvitiates the other ninc- tcnths,by esnsing an abnormalgrowthof new forms of cr edit,

whichex per ience pr oves to be especially dsngcmu .

Thug a hichthe Stste does when it enceeds its tr eeduty is to hinder , to distur b, to cor r upt. As llr eadypointed out. the quantity ol

’

cr edit men willgive eachother , is determiued by naturalcansss, moraland physioalfeeling, their cir cumstances. If the Gove rument fiorb ids

prohebly a wor se. Be the degr ee ofmutuultr ust pr udm

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864 m m m m m

become a par tner withlimited liahility.Wer e a system of this kind w emhhshM it wonld

form a double check to unhealthy trading . M ess

would pr event the bank-managsmsnt fr om being raeh; and

Ve ry little inspection would snfice to efl'

ect this end. One

or two cantious depositor s wb nld be enongh; eeeing thatthe mer e cxpectation ot immsdiate disclosm in cnse ef

misconduct, wunld moetly keep in order allthoee ooncer ned.

Should ithowever be contended, as by some it mny, thntthis safeguard would be of no avail— should it be alleged

that,having in thcir ownhands the means of safety, citinenswould not use them,

bnt would stillput blind faithindirectors, and give unlimited trnst to respeotable new ;

themwe r eply that they would dese r ve whateve r bad oon

sequeuccs fellon them. If they did not take advantage of

the pmfismd guamntea the penalty be on thcir own beads.We have no patienoe withthe mas kishphilanthropywhichwould ward- ofithe punishmsnt of stupidity. The nltimater esu lt of shielding men fivm the eficcts of thlly, is tofi1lthe world withfools.

A few words in comclnsion r espectiug the attitude olonropponents. Leaving joint- stock- bank legislation, on whichthe eyee of the public ar e happily beooming opsned ; and

retur ning to the Bank~Charter ,withits them-

y of cnr r ency.

mgulatiou ; wshave to oharge its suppor ter s withgm if

to rpeak of allantagonism u idsntified withadhesien to

the r elgar est fallacies. They dafly pre emg as the onlyalte r natim their own dogma or come wild doctr ine too

, mm am m s m n nos n m sm t s. 855

absurd to be argued. “ Side with us or choose snatchy,”

is the substance of their homilies.

place, that they ar e the upholder s of “ pr inciple and on

allopposition they seek to fasten the title of empir icism.

”

Now we ar e at a loss to see what ther e is “empixical

” in

currency does. It seems to us anything but empir ical,to say that the natur al check of pr ospective bankr uptcy,which r estr ains the tr ader from issu ing too many promises.

that thequantity of cr edit -memoranda in circu lation ; and that themonetary disorde r s which their imper fect characte rs and

changing circumstances occasionally entail, can be e x acer

bated, bu t cannot be pr ev en ted, by State - nostr ums. On

the other hand,we do not see in vir tue of what pr inciple”

it is, that the contr act er pr essed on the face of a bank

note must be dealt with difier ently fr om any other contr act.We cannot understand the pr inciple which r equir es theState to control the business of bankers

,so that they may

not make engagemen ts they cannot fulfil,but which does

not r equir e the State to do the like withother tr ader s.

To us it is a ver y incompr ehem ihle ‘‘pr inoiple

” whichpermits the Bank of England to issue on thecr edit of the State ; but which is br oken if the State s

cr edit is mer tgagsd beyond this—a“pr inciple

” which mplies that of notes may be issued without goldto meet them, but insists on rigorous pr ecautions for theconver tibility of sver y ponnd mor e .We ar e cur ious to

lear nhow it was infe rred fr om fins “ principle ” that theaver age 11o of each prov incial bank, dur ingcer tm twelve weeks in l

’

M was ex actlv the noteo cxr cnla

57

856 su r e - ram s“ mmWm “an .

tion which its capital justified So tar from discern ing a

“pr inciple,

” it seems to us that boththe idea and ita opplications ar e as empirica as they can we llbe.Still more astounding, howev er , is the assumption s!mcurr ency- theor ists,

” that their doctr ines ar e those of Fr eotr ade. In the Legislatur e, Lord Overstone, and in thepm the Satur day Review,have, among othera, en actedthis. To callthat a Fr e eo trade measur ehwhichhas theavowed object of restr icting certain voluntary w tn of a .

change , appear s so manifest a conm dictiou in terms that itis scarcely cr edible it should be made. The whole ayt tu

of cur r ency- legislation is restr iction ist fr om beginning to

end : equally in spir it and de tail. Is that a Fle e - ta d

r egulation whichhas allalong fcr biddem banka of is.“

within sixty -five mules of London? Is that Free - tr ade

which enacts that none but such as have now the Statewarrant, shall henceforth give promises- to-pay on demand 2Is that Free - trade whichat a cer tain point steps in bmthe banker and his customer , and puts a veto on anyfurther ex change of cr edit- documents ?We wonde r whatwould be said by two merchan ts, the one about to'dr aw a

bill on the other in r etur n tor gooda sold, who ahonld hestepped by a State - ofice r withthe r emarhthat,hafinge x amined the buyer’s ledger ,he was of opinion that r eadyas the se ller might be to take the bilL it would be mfor him to do so ; and that the law, in pur suance of thapr inciples of F r ee - trade, negatived the mmaction l Yet

for the promise - te - pay in six mon ths, it needs but to sub

stitute a promise - to -

pay on demand, and the can becomesubstantially that of banke r and customer.It is tr ue that the “ cur r ency - theorists ”have a oolounhle

ex cuse in the fact, that among the ir Opponents ar e theadvocate.of var ious visionary schemes, and pmpouudm of

r egulatiom quite as protectionist in spir it as their own, It

ia tr ue that ther e ar e some wbo contend for inconvu tiblo“hbou moteof’ and othen who u guo that in fim of

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PARLIAMENTARY REFORM : THEDANGERS AND

THESAFEGUARDS.

[ampa rt ied a Themammal Reviewfor Am?woo.)

Tmm year s ago, the dr ead of imm ding evils agitatsd

not a few br easts tb roughoutEngland. Instinctive feer of

change, justified as it seemed by outbur sts of popular

follow the passing of a Reform Bill . In scattered farmhouses ther e was chronic te r ror , lest those newly endowsd

withpoliticalpowe r should in some wayfilchallthe pmfiteobtained by rearing cattle and growing cor n. Theoccupants of halls and manors spoke of tou~

pom d householde r s almost as though they formed an army of spoilers.threatening to overrun and devastate the property of

landholde rs. Among townspeople ther e we r e some whointerpr e ted the abolition of old corr uptions into the

equivalent to spoliation. And even in Parliament, suchalarms found oocasionaluttemnce : amicr instanceflhronghthe mou th of Sir Rober t Inglis,who hinted that the nationaldebt would not improbably be repudiated if the proposedmeasur e became law.

Ther e mayperhape be a tewwho r egard the nowpendingchange in the representation with similar dread—who think

1’q m oan . 359

that ar tiz ans and other s of their grade ar e pr epar ed, whenthe power is given to them, to lay hands on pr oper ty.Wepresume, however, that such irrational alarmists form bu t asmall percentage of the nation. Not only throughout theLibe r al par ty, but among the Conservatives, the r e existsa much fair e r estimate of the popu lar char acte r than isimplied by anticipations of so gloomy a kind. Many of theupper and middle classes ar e conscious of the fact that, ifcr itically compared, the average conduct of the wealthywould not b e found to differ ver y wide ly in r ectitude fr omthat of the poor . Making due allowance for difie r ences inthe kinds and degr ees of temptations to which they ar e

exposed, the respective grade s of society ar e toler ablyuniform in the ir morals. That disr egar d of the r ights of

pr oper ty which, among the people at lar ge, shows itself inthe dir ect form of petty thefts, shows itse lf among the irr icher ne ighbour s in var ious indir ect forms, which ar e

scarce ly less fiagitions and often much mor e detr imentalto fellow- citizens. Tr ade r s, wholesale and r e tail, commitcountless dishonesties, r anging fr om adulte ration and shor tmeasur e up to fr audulent bankruptcy— d ishon esties of

which we sketched out some of the r amifications in a latearticle on The Morals of Trade .

”The tr icker ies of the

turf; the bribery of elector s ; the non - payment of tr adesmen

’s bills 3 the jobbing in railway- shar es the ohminment

corruption that attends the ge tting of pr ivate bills thr oughParliament— these, and other such illustrations, show thatthe unconscien tiousness of the upper class, manifestedthough it is in difier ent forms, is not less than that of thelower class : bear s as gr eat a r atio to the size of the class,and, if traced to its ultimate r esults, produces evils as gr eat

And if the facts prove that in uprightness of inteutm

there is little to choose be tween one class of the commun ityand another, an extension ofthe franchise cannot rational“

360 rastm nmrm ar rosx .

be opposed on the gr ound that proper ty would be dir ectlyendange r ed. Ther e is no mor e r eason to suppoee that themass ofartisans and labour e r swould use polin

'

cnlpower withconscious injustice to the ir r icher neighbour s, than there isreason to suppose that their r icher neighbour snowcousciounly

What, then ,is the danger to be appr ehended ? If land,

and houses, and railways, and funds, and prope r ty of all

other kinds, would be he ld with no less security than now,

why need there be any fear s that the fr anchise would b emisused ? What ar e the misuses of it which ar e ratmnallyto be anticipated ?The ways in which those to be endowed with politica lpower are likely, to abuse it,may be inferred from themin which political powerhas been abused by those whohmpossessed it.What gene ral traithas characteriz ed the rule of the

classes hitherto dominant?These classes have not habituallysought their own dir oot sdvantege at the expense of othe r

been such as were indirectly advantageous to themselves.

Voluntary self- sacr ifice has been the exception. The ru lehasheen so to legislate as to preeer ve pr ivate inter ea s

from injury ; whethe r public interests were injured or not.

Though, in equ ity, a landlordhas no gr eate r claim on a

defaulting tenant than any other creditor ; yet landlords,having formed the major ity of the legishture, have madelaws giving them power to r ecover r ent in antiapetion of

on the tr ansfer of pmpeny wheiu an t mightjustlyhave been made to fallmor e besvilu on the wealthythan on the comparatively poor, and ou r ealproper ty n thorthan on per sonalproperty ; ye t the r ever se ar rangm ant

wu snacted and long maintnined, and is even stillpw tinllyin fe rno. Rights of pr eseutatiou to placee in the Char ch,

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362 n ew sm an m esa.

considerations ; and our legislation will er r as muchin a

new dir ection as ithashither to done in the old.

This abstract conclusion we shall find confirmed on non

templating the fee lings and opinions current among artisans

indicates what they would be likely to do, if a r eform in therepr esentation made them preponderate . Judging from

in doing, many things which it is desirable tohnve doue .

Sucha question as that of Chur ch- rates wouldhave b eensettled long agohad the fr anchise been wide r . Any gm t

incr ease of popular influence, would go hr to r ectify thepr esent inequitable r elation of the established religion “to the rest of the commun ity. And other remnants of

class- legislation would be swept away. But besides ideaslikely to eventuate in changes whichwe should r egard s:

beneficial, the wor king classes entertain ideas that couldnot be r ealiz ed without gross injustice to other chu es and

they show a wish, not only to dictatehow long per daymen shallm b but to regulste allthe r elations between

employers and employed. Let us briefly consider theevidence ofthis.When, adding another to the countless er rors which it

Hours-Bill, asse r ted that it is the duty of the State to limitthe duration of labour, the r e naturally arose among theworking classes the ded r e for further amelioration to besecured in the same way. Fixe t came the formidable str ikeaim to r estr ict the supply of labour in var ious ways. No

member is allowed to work mcr e then a fix ed numbc of

hom per week; nor for less thsn afix ed rato ol’

wagu .

u n w ise-

rm acr oss . 868

No man is admitted into the tr ade whohas not “ car ned a

r ight by pr obationary se r vitude .

” There is a str ict r egistration ; which is secured byfines on any one who neglects

to notifyhis mar r iage, removal, or change of service . Thecouncil decides, without appeal, on allthe afiair s, individualand gene ral, of the body. H ow tyrann ical ar e the r egula~

tions may be judged from the fact, that members ar e

pun ished for divulging anything conce rning the society’sbusiness ; for censur ing one another ; for vindicating theconduct of those fined, etc . And their own un ity ofactionhaving been secur ed by these coercive measums, theAmalgamated Engineer s made a pr olonged effort to imposeon their employe r s, sundr y r estrictions which they supposedwould be beneficial to themselves. Mor e recently, we haveseen similar objects wor ked for by similar means dur ingthe str ike of the Oper ative Builders. In one of the ir ea r lyman ifestoes, this body ofmen con tended that theyhad “

an

of public sympathy which is now be ing so widely extendedin the dir ection of shor ten ing the hours of labour :” thusshowing at once the ir de lusion and its source . Be lieving,as theyhad be en taught by an Act ofPar liament to believe,that the relation between the quantity of labour given and

the wages r eceived, is not a natur al but an ar tificial one ;they demanded that while the wages r emained the same,

the hour s should be reduced from ten to nine . Theyr ecommended the ir employer s so to make their futurecontracts, as to allow for this . diminished day's wor k :saying they were so sanguine as to consider the consummation of the ir desir e inevitable : a polite way ofhintingthat their employer s must succumb to the ir r esistible powerof the ir organization. Refer r ing to the threat ofthe masterbuilders to close their wor ks, they war ned them againstthe r esponsibility of causing the public disaster ” thusindicated. And when the breach finally took place, the

364 rmm m rm su m .

Unionists set in action the approved applianoss tcr b r ingisgmaster s to terms ; and wouldhav e suweededhad it not

would be r uinous, made a united r esistanoa. During

to various extr avagant demands, of whichthose recentlymade wero a fur ther deve lopment. Had they assented tothe diminished day’s wor k, and abolished systematic overtima,

'

se they wer e requir ed to do, there is no r eaeon to

suppose the dictation.

would have ended. Succeu wouldhave presently led to still mor e exacting requirements ; andfuture year s would have witnessed further extensions of

this mischievous meddling be tween capital and labour.Pe r haps the completest illustr ation of the industrial

the Pr inter s’Union . With the exception of those engage din The Tim ofice, and in one other lar ge establishmen t,the proprie tor s of which successfully resiste d the combination, the compositors, pr essmen, etc ., throughout thekingdom, form a society which controls allthe r elah‘onabetween employers and employed . There is a fixed pricefor se tting up type—ao much pe r thousand lette r s : no

maste r can give less ; no compositor be ing allowed hy theUnion to wor k for less. There ar e established rates forpr ess- wor k ; and established numbers less than which youcannot have pr inted without paying for work that is not

done . Tbe scale r ises by what ar e called “tokens” of 250;

and if but SO copies ar e r equir ed, the char ge ia the same as

for pr inting 250; or if 300 ar e wanted, payment must bemade for 500. Besidea r egulafing pr ioes and modes of

charging to the ir own advantage , in these and other ways,the membe rs of the Union restr ict compe tition by limitingthe number of appr entices brought into the business. So

wellorganiz ed is this comb ination that the mu ma ar e

ohliged to auccumb. An infraction of the r ules in any

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366 ma nn e r s“ m oan.

commands of their union - author ities, and to abandon ther ight ofindividually disposing of their labour on the ir own

they even r isk the star vation of their familiee—when thcycallthat an “

odious document” whichsimply demanda thatmaste r and man shallbe fr ee to make their own bargainewhen their sense of justice is so obtuse that they ar e readyto bully, to depr ive of wor k, to starve , and even to kill,memb er s of their own class who rebe l against dictation, andasser t their r ights to sellthe ir labour at suchr ates and to

such per sons as they think tit—when in shor t they pr oy e

well pause before giving them the franchise .

The objects which ar tisans have long sought to achieve by

political powe r , seek to achieve by public enactmenh. If,

on points, like those instanced, their convictionsar e so strong

and their dete rmination so great, that they will time afte rtime submit to extreme pr ivatiom in the efior t to carrythem ; it is a reasonable expectation that these convictions,

law,if those who he ld themhad pr edominant power. With

wor king men, questions conce r ning the regulation of labourar e of the highest inter est. Candidates for Parliamentwould be mor e like ly to obtain the ir sufir ages bypander ingto their prejudices on such questions, than in anyotherway.

Shou ld it be said that no evilne ed be fear ed unlesa the

nice ; it may be rejoined that not untr equently, wher e two

chief political par tieaar e nearly balaneed, some other par ty,though much smaller, determines the election. When webear in mind that the tr ades- unions throughout the kingdomnumber membe rs,and command a fund of— when we remember that these tr ades- un ions ar e in thehabitofaiding eachotber , andhave even been incorporatedinto one national association—when we also r emember that

rm um u ar u m 867

their or gan isation is ve ry complete, and the ir power overtheir member s ma mlessly exer cised it seems like ly that ata general e lection their combined action wou ld decide ther esu lt in many towns : even thonghthe ar tisans in each caseformed but a moder ate portion of the constituency. How

in fluential smallbut combined bodies ar e , the Irish Membersof our House of Commons pr ove to us and still mor eclearly the Ir ish emigrants in America. Cer tainly thesetrade - combinations ar e not less perfectly organized nor

ar e the motives of the ir members less strong. Judge thenhow eficient their political action would be .

It is tr ue that in county- constituencies and r ural tom ,

the ar tisan class have no powe r ; and that in the antagonismofagr icultur ists ther e would be a restr aint on their pr ojects.

But,on the other hand,the ar tisanswould,on these questions,have the sympathy ofmany not belonging to their own body.

Numer ous small shopkeepe r s and others who ar e in pointof

means about on the ir leve l, would go with them in theirefior ts to regulate the r elafions of capital and labour .

Among the middle classe s, too, the r e ar e not a few kindlydisposed men who ar e so ignor ant of political economy as tothink the ar tisans justified in the ir aims. Even among thelanded class they might find supporte rs.We have but tor ecollect the antipathy shown by landowners in Par liamen tto the manufactur ing inte r est, du r ing the ten- bours’ agitation, to see that it is quite possible for country squir es to

join the wor king men in imposing restr ictions unfavourableto employer s. Tr ue , the angry fee lingwhich then promptedthem has in some measure died away. It is to be hoped,too , that they have gained wisdom. But still, remember ingthe past, we must take this contingency in to account.Her e, then, is one of the danger s to whichan ex tension

of the fr anchise open s the door . While the fear that ther ights of pr oper ty may be dir ectly inter fered with, isabsur d, it is a. ve ry r ationalfear that the r ights of property

368 rm um r rn r st ream.

the capitahst may be pr evented fr om usinghis money as

he finds best, and the workman fr om sellinghis labour as

he pleases .We ar e not pr epar ed to say what widsuing ef

the r epr esen tation would br ing about suchresults.We£6 or a £5 borough - fr anchise would give’; nor to determinewhe ther tbe Opposing powe r s would suBce to keep it incheek. Our pu rposeher e is simwy te indieate this establ’nhment of injur ious industrial regulations, as one of thedangers to be kept in view.

Turn we now to another danger , distinct from the boregoing though near akin to it. Nex t after the evils of thatove r - legislation which restr icts the exchange of capital andlabour, come the evils of that ever - legislation which pr ovides for the community, by State - agency, benefits whichcapital and labou r should be left spontaneously to provide .

who lean to the one kind of over elegislationfl ean also to

the other kind. Men leading laborious lives, r elien d bylittle in the shape ef enjoyment, give willing ears to thedoctr ine that the State shou ld provide them withvariouspositive advantages andgr atifieations. The much- endnr ingpoor cannet be expected to ded ve ry cr itically withthesewho pr omise them gratis pleasures. As a drowniug man

some catch at anything, no matter how unsubstantial,which holds out the slightest hope oi a little happina a.We must not, the r efor e, blame the working- classes for

be ing ready converts to eocialistio schemes, or to a beliefu the sove r e ign power of political machinery.

"

Not that the workingselasaes alone fall into these deltasions. Unfor tunately they ar e counte nanced, and havebeen in par t misled, by those above them. In Parliamentand out of Parliament, well-msaning men amoug

othe upper

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370 “m u rm ur an on .

b uild baths and washphouses at the sxpense of the towu,has proved a popular pr oposal . The snpper t ef publio

garde ns out of funds raised by local rates,has been sp

plauded by the major ity. So, too, withths establid meut

offr ee lib r ar iea whichhas, of cour se, met withencouragoment fr om wor king- men

, and fr om those who wishtofindfavour withthem. Should sosne one , taking ahint fi'om

towns,pr opose to supply mnsic at the publie cost,“ doubtnothe would behailed as a fr iend of the people. And

similarly with countless socialistic schemes, ofwhich, whenonce commenced, there is no end.

Such being the demonstr ated tendencies of municipalgovernments, with their ex tm ded bases of re presentation,is it nota fair infer enee that a Centr alGover nmenthavingabase of r epresen tation much wider than the present, wouldmanifbst like tendencieslWe shall see the mor e m son

for fear ing this,whenwe remember that those who approveofmultiplied State - agencies, would gsnerally ally themse lveswith these who seek for the legislative r egulation eflabour .

The doctr ines ar e near skin ; and they ar e, to a consider able

extent, he ld by the same per sons. If united the two bodieswould have a formidable power ; and, appealed to, as theywou ld often be, by candidates expr essing agre ement onboth these points, they might, even though a minority, getunduly repr esented in the legislature . Snob, at least,seems to us a fur ther dangsr . Led by philanthr opistahaving sympathies stronge r thau their intellech, theworking-c lasses ar e very like ly to employ the ir influencein increasing overslegislation : not only by agib ting for

industr ial regulations, but in various other ways.Whatex tension of franehise would make this dange r a ser ioua

one , we do not pr etend to say. Her e , as beior e, we would

simply indicate a probable sour ce ofmischief.

And now whst ar e the safeguardsl Not auchaa wa

rlw m m ar unr eal . 871

be lieve will be adopted. To mee t evils like those whichthr eate n to follow the impending political change , thecommon plan is to devise special checks— minor limitationsand qualifications. Not to dry up the evil at its sour ce b utto dam it out, is, in analogous cases, the usual aim.Wehave no faith in such methods. The only efficien t safeguar d lies in a change of convictions and motives. And,

to wor k a change of this kind, ther e is no cer tain way butthat of. letting men dir ectly fee l the penalties which mistaken legislation br ings on them.

“ How is this to bedone ?” the r eade r will doubtless ask. Simply by lettingcauses and sheets stand in their natural re lations. S immyby taking away those vicious ar r angements which now

mostly pr event men fr om see ing the r eactions that followlegislative actions.

At pr esent the extension of public admin istrations ispopular , mainly because there has not been establishedin the minds of the people, any distinct connexion betweenthe benefits to be gained and the expenses to be paid .

Of the conveniences or gratification secur ed to them bysome new body of oficials with a fund at its disposal,they have M ediate expe r ience ; b ut of the way in whichthe com fall on the nation, and ultimate ly on themselves,they have no immediate experience . Our fiscal ar r angements dissociate the ideas of incre ased public expenditur eand incr eased burdens on all who labour ; and thus

vagance to which we have above adverted . The wor kingmen of our towns possess public power , while most ofthem do not dir ectly bear public burdens. On smallhouses the tax es for borough - pur poses ar e usually paidby the landlor ds ; and of late years, for the sake of

conven ience and economy, ther e has grown up a systemof compounding with landlords of small houses even for

the pow r ates chargeable to the ir tenants Under this

872 rm u n srm sm all.

arr angement, at fir st voluntary but now compulsory, a

cer tain discount ofithe total ratea due fr osn a umhm'

ofhc'uses is allowed to the owne r , in consider ation ofhispaying the r ates, and thus saving the authorities troub leand loss in collection . Andhe is supposed to raise hiar ents by the fullamount of the r ates charged. Thus,most munidpd electora nct paying localtax es in a sejm

'ste

form, ar e not constantly reminded of the conn exionbetween public expenditur e and per sonal costs ; and he nceit happens that any outlay made for local pur poses, no

matter how extravagant and unreasonable , which bringsto them some kind of advantage, is regarded as pur e gain .

a town - hall, the resolution is of cour se appr oved by themajor ity. It is good for tr ade and it costs as nothing,

”

is the argument which passes vaguely thr ough the ir minds.

If some one proposes to buy an adjoining estate and tur u

it into a public park, the wor king classes naturally givetheir support to the pr opow ; for ornamental groundscannot but be an advan tage, and though the rates may b eincreased that will be nc afiair of the ir s. Thus necec ar ilyarises a tendency to multiply public agencies and increasepublic outlay. It becomes an established policy withpopularity - hunter s to advocate new works to be executedby the town . Those who disapprove this course ar e in

fcar thst their seats may be jeopsr dined at the ne x t

election, should they make a vigorous opposition . And

thus do these local administrations inevitably lean towards

No one can, we think, doubt that were the rates levieddir ectly on all e lectors, a check would be given to thismunicipal commun ism. If each small occupier found thateve ry new work under taken by the authorities costhimso many peucs ex tr a in the ponnd, he would begin to

consider with himse lf whe ther the advantage gained wasequivalent to the price paid ; and would often reacha

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874 u nt im m nr st rum.

indir ect tax ation ; namely, that the r equir sd r evenue could

not otherwise be r aised. Statesman see that if instead of

taking from the citiz cnher e a little and the r e a little .

whole amount wer e demanded in a lump sum, it wouldscar cely be possible to get it paid. Gr umbling and

resistance would rise probably to diesfiection. Coercionwould in hosts of cases be needed to obtain this lar getotal tax ; which, indeed, even with this aid, could not

be obtained from the major ity of the people , whose

sums. And so the revenue would fall immensely shor tof that expenditur e which is supposed necessary. Thisbeing assented to, it must psr£or ce be admitted that unde ra system of dir ect taxation, fur ther extension of public

gene ral opposition. Instead of multiplying the functions

their number .

The incidenceoffitax ation must be made more direct in proportion as

the iranchise is ex tendcd. Our changes onght not to b sin the direction of the Compound- Householders- Act of

1861,whiohmakes it no longe r ueedfulforO

a P-t rlismsntsr ye lector to have paid poor - rates before giving a vote ; butthey ought to be in the opposite dir eotion . The at eroise

of power over the national re venue, should be indimoluhlyassociated with the conscious payment of contr ibutions tothat r evenue . Dir ect tnx ation instead of being limitod, u

many wish, must be ex tonded to lom and wide r clm el,

sa fest as these olu ses ar e endowed withpoliticalpom .

Pmbobly this pr oposalwillbe r egardedwithsmallfavourby state smen. lt is not in tho nature of things for mcnto appr ove a system whichtendn to r cstr ict the ir pomWe know, too, that any gr es t ex teusiou of dir cot tu atiou

willbeheld at pr esent impoosiblm mdwe sr e uot prepu od

rm m s r u r m or n. 875

to assert the contrary. This, however , is no reason againstr educing the indir ect taxation and augmenting the dir ectfixation as far as cir cumstances allow . And if when thelast had been incr eased and the fir st decr eased to thegr eatest exte nt now pr acticable, it wer e made an establishedpr inciple that any additional revenue must b e r aised bydirect tn es, ther e would be an eflicient check to one of theev ils like ly to follow fr om fur ther political enfr auchisement.

The othe r evil which we have pointed out as r ationallyto be fear ed, cannot be thus met, however . Though an

ever- r ecur r ing expe r ience of the re lation between Stateaction and its cost, wou ld hinder the gr owth of thoseStaten gencies which under take to supply citizens withpositive conv en iences and gratifications it would be no

r estraint on that negative and inexpensive ove r - legislationwhich tr espasses on individual fr eedom— it would not preventmischievousmeddling with the r e lations be tween labourand capital. Against this danger the only safeguar dsappear to be. the spr ead of sounder views among thewor king classes, and the mor al advance which such sounde rviews imply.

That is to say, the people must b e educated, respondsthe r eade r . Yes, education is the thing wanted ; but notthe education for which most men agitate . Ordinaryschool - tr aining is not a pr eparation for the r ight exer ciseof political power . Conclusive pr oof of this is given by thefact that the ar tisans, fr om whose mistaken ideas the mostdanger is to be feared, ar e the best informed of the wor kingclasses. Far from pr omising to be a safeguar d, the spreadof such education as is commonly given appear s more likelyto incr ease the danger . Raising the working classes ingener al to the artisan - leve l of cultu r e, threatens to augment,r ather than to dimim

'

sh, the ir power of working politicalevil . The cur r en t faith in Reading,Wr iting, and Ar ithmetic, as fitting men for citiz enship, seems to us quite

376 r sm xm rm em u .

unwarranted ; as ar e , indeed, most othe r an ticipation of

the benefits to be de r ived fr om lear ning lessons. There inno connexion between the ability to par se a sen tence, anda clear under standing of the causes which determine therate of wages. The multiplication - table afiords no aid in

seeing thr ough the fallacy that the destr uction of prope rtyis good for trade . Loug pr actice mayhavo produced

power to understand the paradox thatmachiner y eventuallyincreases the number of persons employed in the tr adesinto which it is intr oduoed. Nor is it proved that smatte rings of mensuration, astronomy, or p ography,fit menfitnestimating the characters and motives of Par

candidates. Indeed we have on ly thus to b r ing togethe rthe anteceden ts and the anticipated consequents, to see

how untenable is the be lief in a re lation between them.When we wisha girlto b ecome a good musician, we ssat

her befor e the piano : we do not put drawing impla nsntsintohe r hands, and expect music to come along withskill inthe use ofpencils and colour

- br ushes. Seudinga boy to por e

ove r law- books would be thought an cx tr emcly ir u tionalwayofpr epar inghim for civilengineer iug. And if in thcse aadan other m we do not expect fitness for auy functione x cept thr oughinstr uction and ex er cise in that functioa ;why do we ex pectfitness for citisenahip to be pr oduood bya discipline whichhas no r elation to the dutics oi the citix en lPr obablt willhe replied that by making the workingman a good r eader , we givehim m ss to sou r ccs of infob

mation from whichhe may lear nhow to usehis olcctou l

power ; aud that other studies sharpenhis faculties aud

makehim a better judgo of politicalquestions. Thin ktr ue ; and thc sveutualtendency is unquestionably good.

But what if for a long time to comehe r eads only to obtain

confirmatiou ofhis cr ror sfWhat if there cx ists aliteratmappealing tohis prejudices,and supplyinghim with fallaciousargumenta for the matax eu beliefs whiohha natun lly takca

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878 ram “ m ast an on .

Smith examined for himse lf the industrialphenomena of

societies , contemplated the pr oductive md dixwibnfiveactivities going on aroundhim , M d out their complicated mutual dependence s , and thus rwhed generalprinciples for political guidance . In recent days, thanwho have most clearly unde r stood the truths be m um ,

to the ir views, have not been graduates of M 06 .

While, con trariwise, those whohave passed through the proscribed mr r iculmn, have common ly been the most bitter andobstinate opponents of the changes dictated by politico

best education, and was r esisted by the great majorityofmen whohad rece ived this ao- called best educafion lThe tr uth for which we contend, and which is no

strange ly ove rlooked, is, inde ed, almost a tr uism. Does

not our whole theory of tr aining imply that the rightpreparation for political powe r is political cultivation ?Must not that teaching which can alone guide the citiz enin the fulfilment ofhis public actions, be a teachiag thatacquaintshim with the efiects ofhis public actions ?The second chief safeguar d to whichwe must tr ust is,then, the spr ead, not of that mere technical and m

but of political knowledge ; or , to speak more accurately— knowledge cf SocialScienoe . Above -ll, tlie easm tial

thiug is the establishment of a true theory of gower nment—a tr ue conception of what legislation is for , and what mits pr oper limits. This queation whichour politimldim o

sions habitually ignor e, is a question of greater momma.than auy other . Inquir ie s whichstatesmen der ide u

spw d ative and unpn cfical, wfllone day be found inhihlyBoohtomaster , and nightly spemd manyhour s in dr bstingaThe oonaider ations that eve ry mor ningfilla docen com

u suu w rm ar row . 379

ofThe Tim , ar e mere fr ivolities when compar ed with thefundamental con sider ation— What is the pr oper sphe r e of

government ? Befor e discussing the way in which law

should regulate some par ticular thing, would it not be wiseto put the previous question— Whether law ought or oughtnot to meddle with that thing and befor e answering this,to put the mor e gen eral questions—What law shou ld do ?and what it should leave undone ? Sur e ly, if there ar e any

limits at all to legislation, the settlemen t of these limitsmust have efl

'

ects far more pr ofound than any particularAct of Par liament can have and must be by so much themore momentous. Sur e ly, if there in dange r that thepeople may misuse political power, it is of supr eme impor tance that they should be taught for what pur pose politicalpower ought alone to be used .

Did the uppe r classes unde rstand their position theywould, we think, see that the dill'usion of sound views on

this matter more near ly conce r ns the ir on we lfar e and

that of the nation at large , than any othe r thing whate ver .Popu lar in fluence will inevitably go on incr easing. Shouldthe masses gain a pr edominant power while the ir ideas of

social arrangements and legislative action r emain as crudeas atpr esent, there will certainly result disastr ous meddlingswith the r e lations of capital and labour , as we ll as a disastrous extension ofState - admin istr ations. Immense damagewill be inflicted : pr imar ily on employer s ; secondar ily onthe employed ; and eventually on the nation as a whole .

If these evils can be prev ented at all, they can be pr eventedonly by establishing in the public mind a pr ofound convic

tion that the r e ar e ce rta in definite limits to the functions ofthe State and that these limia ought on no account to betransgr essed . Having learned what these limits ar e, theupper classes ought to use allmeans of making themclear to the people .

In No. XXIV. of this Review, for October, 1857, we58

880 PM u r ea .

endeavoured to show thatis, by its intr ins ic natur e ,iste r ing justice or insu r ingit is, by its ivarious addi

gove r nment good for ? our reply was—“ It is good,especially good, good above allothem for doing tho thingwhich a gov ernment should do. It is bad, especiallyhad,bad abov e allother s, for doing the thiugs whicha gove r ament shou ld not do.

”

To this tr uth we mayher e sdd a cor r elatin one. As

fast as a government, by becoming r epreseun tive , gr owsbette r fitted for maintainingnot only unfitted for othe rother pur poses. In gainin

function of a gover nment, it loses snchadaptation as ithad

dischargiu' g othe r functionsinfluenced by class bias. So

duty of pr eventing theanother, and protectingenemies, the wider itssimilar ly inter ested in the secur ityfr eedom to exercise the faculties.to b r ing home positive benefits towith any

For in no suchclasses he alike . Therefore do we say that as fast “repr esentation is extended, the sphere of gove r nment llru t<

be con tracted.

Pea sa nt — Since the foregoing pages wereLord John Russellhas introducedhis Re form Bill

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882 m u m s“ serous .

opinion which, in many respects, holds the citizens in

greate r bondage than here . And ii ther s needs a demon

str ation that r epresentative equality is an insufficient safa

gnaud for fr eedom,we have it in the tr ades’mnious already

referred to ; which, pu re ly democr atic as ar e the ir organ isations, yet ex er ciae ove r their membefl a tyranny almost

Neapolitan in its rigour and unscr upuloun ess. Thegr eatest attainable amount of individual liberty be ing thetr ue end ; and the difixsion of political pcwe r bcingr egarded mainly as a meaus to this end ; the r ealqueation

when considering further ex tensimis of the franchise, iswhether the average fr eedom of action of citineus will beincr eased l— whethe r men will be severally freer thanbefor e to pur sue the objects of life in their own way? Or ,in the pr esent case, the question is— whe ther tbe good

which £7, £6, or £5 householders would do in helping toabolish existing injustices, will be partly or whollyneu tralised by the ev il they may do in em blhhiug cthcrinjustices? The deside ratum is as large au incr em in thee lector ate as can be made without enabling the people tocarry out the ir delusive schemes of over - legislation.Whe ther the incr esse pr oposed is gr eater or less than this,is the essentialpoint. Let uahr iefiy consider the evidenee

on each side.As shown by Lord J. Russe ll’sfigur es, the new borough

e lector s will consist mainly of artisans ; and these, as wehave seen, ar e in great par t banded together by a commcn

wish to regulate the re lations of capital and labour. As a

class,they ar e not as Lord J. Russe ll describes them,

"fitted to exe rcise the fr anchise free ly and independen tly.”On the contr ary, there ar e no me n in the community so

shackled . They are the slaves of the authorities they havethemse lves set up. The depende nce of farmers on landlcr ds, or of oper atives on m ploym is muchlcss sefl ile ;for they cau ear ry their eapitalor labour elsewhere. But

rm rm sr n r m oan. 883

pur sues the r ebe l thr oughout the kingdom. H en ce thegr eat mass of the new borough- elector s must be expectedto act simultaneously, on the word of command beingissued from a centr al council ofunited trades . Even whilewe write we meet with fr esh r eason fo r anticipating thisr esult. An addr ess fr om the Confer ence of the BuildingTrades to the working classe s throughout the kingdom,

has just been published ; thanking them for the ir suppor t ;advising the mainte nance of the organisation ; an ticipatingfuture success in their aims ; and intimating the propr ie tyof recommencing the n ine - hour s’ agitation . We must,then, be pr epar ed to see these industrial questions madeleading questions ; for ar tisans have a much keener interestin them than in any othe r s. And we may feelcer tain thatmany e lection s will tur n upon them.

How many ? Ther e ar e some thirty bor oughs in whichthe newly - e ntr anchised will form an actual major ity— wil l,if they act toge ther

,be able to outvote the existing e lector s ;

even supposing the par ties into which they ar e now

divided were to unite . In half- a- dcsen other bor oughs thenewly- eufranchised will form a vir tual majority- q pr e

ponde r ate unless the present libe ral and conse r vative voterscoo pe rate with gr eat unanimity, which they will be unlik e lyto do. And the number proposed to be added to the con

stituency, is one -half cr mor e in nearlyfifty othe r bor ongbsthat is, in near lyfifty othe r bor oughs, the new party willbe able to arbitr ate betm ren the two existing par ties ; andwill give its suppor t to whicheve r of these promises mostaid to ar tisan - schemes. It may be said that in this estimatewe assume the whole ofthe new bor ough - e lector s to be longto the ar tisan- class, which they do not. This is true . But

,

on the othe r hand, it must be remembe r ed that among the£ 10 householde rs the re is a ve ry consider able spr inkling of

this class, while the fr eeman chiefly consist of it ; and hencethe whole artisan body in each constituency will probably

384 n ew sman sn out .

be not smaller than we have assumed. If so, it followsthat should the tradeso nnion or gan isation be b r ought to

bear on borough- elections, “ it is pi'

ctty cer taiu to be ,“may pr evail in some e ighty or nine ty places, and sway thevote s of r epr esen tatives in fr om 100 to 150 seats—cuppa»

ing, that is, that it can obtain as many e ligible candidates.Meanwhile , the county- constituencie s in their proposed

state, as much as in the ir existing state, not be ing unde rtrades- un ion influence, may be expecte d to stand in antagon iam to the artisan - constituencies ; as may also the smallboroughs. It is just possible, indeed, that ir ritated by theever - growing powe r of a r ich me rcantile class, con tin ua llytr eading close r on the ir hee ls, the landowner s, car r yingwith them thei r dependents, might join the employed in

the ir dictation to employer s ; just as, in past tiara , the

nobles joined the commonalty against the kings, or thekings joined the commonalty against the nobles. But

leaving out this r emote contingency, we may fairly ex pectthe rural constituencies to oppose the large urban one s

on these industrial questions. Thus, then, the point to bedecided is, whether the ben efits that will result from thisextended mi rage— benefits which we doubt not will begreat— may not be secur ed while the accompanying evilte ndencies ar e kept in check. It may be that these new

ar tisan- e lector s will be powe rful for good, while theirpower to work ev ilwillbe iu a great degr ee neutr aliu d.

But this we should like to see welldiscussed.On ouc questiomhowcve r ,we teelnohcsitation ; m ely,

the question of a ratepaying-

qualification. From LordJohn Russe ll’s answer to M r . Br ight, and mor e recentlyfrom his answer to Mr. Ste e l, we gather that on thispoint there is to be no alteration—4h“ £6 householderswill stand on the same touting that £10 householde rs doat presen t. Now by the Conipcund- Householdeu - Ac t of

185 1, to which we have already referred, it is providedthat tcnants of t houscs whose rates ai-e paid by thd r

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886 PAM UBNTABY ar r ow

and the r efor e so inconvenienced by the payment of r ate s

as to be disfr anchised r athe r than pay them ; the othe rr esisting pr esent temptations and saving money, withtheview, among othe r ends, of paying r ates and becom ingelector s. Tr ace these r espective tr aits to their sou r ces,

and it becomes manifest that, on the aver age , the pe enniar ily impr ovidentmust be also the politically impr oviden tand that the politically provident must be far mor e

numer ous among those who ar e pecuniar ily pr ovident.H ence, it is folly to thr ow aside a r egulation under whichthese spontaneously separ ate themselves —severally dig

franchise themse lves and eniranchise themse lves.

THE COLLECTIVEWISDOM .

”

[Fir stpublished in The Reader for Apr il15,

A n sr of senator ial capacity is a desider atum. Wer ar ely lear n how near the mar k or how wide of the mar kthe calculations of statesmen ar e : the slowness and com

ple x ity of social changes, hinde r ing, as they do, the definitecompar isons of r esults with anticipations. Occasionally

,

howev e r , par liamentary decisions admit of be ing definite lyvalued. One which was ar r ived at a few weeks ago fur

n ished a measu r e of legislative judgment too significant tob e passed by.

On the edge of the Cotswolds, just above the valley ofthe Seve r n, occu r ce r tain spr ings, which, as they happento b e at the end of the longest of the hundr ed str eams

which join to form the Thames, have been called by a

poeticalfiction “the sour ces of the Thames.

” Names, evenwhen poeticalfictions, suggest conclusions; and conclusionsdr awn fr om wor ds instead offacts ar e equally apt to influenceconduct. Thus it happened that when , r ecently, ther e wasformed a company for supplying Che ltenham and some

othe r places from these spr ings,gr eat opposition ar ose .

The Times published a paragraph headed Thr eatenedAbsorption of the Thames,” stating that the application of

888 “m cou scrm wxsnon.

”

this company to Parliamw thad “ caused some little con

ster nation in the city of Oxford, and will, doubtleu ,

thr oughout the valley of the Thames ; ” and that “ snchameasur e, if carr ied out, wil l diminish the water of thatnoble r iver a million of gallons pe r day. A million is

an alarming wor d— suggests some thing necessar ily vast.

calmed the fears of the m “ par agraphist. Conside ringthat a million gallons would be contained by a room fiftysix feet cube , the nobility of the Thames would not be

much e ndanger ed by the deduction . The simple fact is,

that the cur r ent of the Thames, above the point at whichthe tides influence it, dischar ges in twenty- flour hour s eighthundr ed time s this amount !When the bill ofthis proposed water- companywas broughtbefor e the House of Commons for second reading.itbecamemanifest that the imaginations of our r ulm were sfiectedby such e x pressions as the sour ces of the Thames,” and

a million gallons daily,”in much the same way as the

imaginations of the ignorant. Though the quantity of

water proposed to be taken bear s, tc the quantity whichruns ove r Teddington we ir , about the same r atio thata yardbears to half a mile, it was thought by many membe r s thatits losswould be a se r ious evil. Nomethod ofmeasuremen twould be accurate enough to dete ct the difier ence betweenthe Thames as it now is, and the Tbames miaw the Ce rn eysprings ; and yet it was gravely stated in the House that,we re the Thames diminished in the proposed way, “ theproportion of sewage tc pur e wate r would be ser icusly in

cu ssed.” Tahing a minnte out of twelvehours, wculd betaking ss large a propcr ticn as the Chelte nham people wishto teke from the Thames. Nevmhelu a it m coutsuded

that to let Che ltenham have this quantity would be “ tombthe towns aloog the w of the '

l’hames cf their r ightc.”

Thoughd tbo Thmu fiowmg by eachcf thm towm ,

801110 999 par ts out of LWOpau by M it m bdd

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390 “m cou scr ivx wisnoii .”

isher e displayed a scarcely cr edible inabflity to see howmuchefl'

ectwillfcllow so muchcause ; and yet the bu ineasof the assembly exhibiting this inability is that of dealingwith causes and efl

'

ects of an e x tr emely invclv ed kind. All

the procesaes gcing ou in society‘ar ise fr cm the concnn

m oss and confl icts ofhuman actions,whiohar e determined

it ncw iH r e as muchr esults of natur alcausation as any

tions be tween causes and efie ’

cts. Eve ry legislative act

pr esupposes a diagncsis and a pr cgnosis ; bothcf tbcm

involving estimations of sccialfcr ces aud the wcrk done bythem. Befor e it cau be r emedied, an evilmust be tr aced

tc its sour ce in the motives and ideas of men as they ar e ,

living under the social conditions which exist— a prob lemrequ ir ing that the actions tendiug towar d the result shallbe identified, and that ther e shallbe lomething lilie a tr ue

idea of the quantities of tbeir efl'

ects aswellas the qmlities.A further estimationhas then to be made of the kinds andfactor s whichthe pr oposed law willset in iaction z whatwill be the ie sultants produced by the new fomea oo

complicated than the other .We ar e quitc prepared tohear the unham'

tafing r spty,that men incapable of forming an approximately hasjudgment ou a m tter of simplo physicalcanu tion may ye t

by moct, that a tacit in plication tc the contrary willm m

to them absurd ; and that it will seem to them absurd

is one cf tho many indications of the pr otound igloranoethat pmvails

'

. lt is tr ue that mer e empir ical'

M

fellows sufice to give them scme ideu of the pmx in atethey think thoy see as far as noedful. Diaciplins in phylical

m l oct t scr ivn wxsnox . 39 1

science,however , wouldhelp to show them the futility ofcalculating consequences based on such simple data. And

if the r e needs proof that calculations of consequences so

based ar e futile,we have it in the enormous labour annuallyentailed on the Legislatur e in trying to undo the mischiefsithas pr eviously done .

Should any say that it is useless to dwellon this incompetency, see ing that the House of Commons containsthe se lect of the nation ,

than whose judgments no be tte rar e to be had, we r eply that the r e may be dr awn two

infe r ences which have impor tant practical bear ings. In

the fir st place, we ar e shownhow completely the b nastedinte llectual discipline of our uppe r classes fails to give themthe powe r of following out in thought, with any cor r ectness,the sequences of even simple phenomena, much less thoseof comple x phenomena. And

,in the second place, we

may dr aw the cor ollary, that if the sequences of those com

ple x phenomena which societies display, dificult beyond allothe r s to tr ace out, ar e so unlikely to be unde r stood bythem,

they may advantageously b e r estr icted in the ir inte rfe r e nces with such sequences.

In one dir ection, especially, shall we see r eason to r esistthe e x tension of legislative action . Ther ehas of late beenu rged the pr oposal that the class contemptuously descr ibedas dividing its energies between business and bethe ls shallhave its education r egulated by the class which might, withequal justice, be descr ibed as dividing its ener gies betweenclub - r ooms and game pr eser ves. This scheme does not

seem to us a hopefulone . Conside ring that dur ing thelast half centur y our societyhas been r emou lded by ideasthat have come fr om the proposed pupil, and have had toove r come the dogged r esistance of the pr oposed teacher ,the pr opr iety of the ar r angement is not obvious. And if thepr opr iety of the ar rangement is not obvious on the face of

it,still less obvious does it become when the competency of

392 “m l cont r a-iv: manor .

”

the pr oposed teache r comes to be measur ed. Br itishinte lligence, as distilled through the univer sities and r e

distilled into the House of Commons, is apr cduct admittingof such gr eat impr ovement in quality, that we should besor r y to see the pr esen t method of manufactur e extendedand pe rmanently established.

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894 r etmcu rm emsn.

citiz en gives to the political agencies he has he iped tc

cr eate , such imposing externals and distinctive names

ex pressive of power , as ser ve to str engthenhis bcl°wf inthe benefits prayed for . Some faint r eflection of that“ divinity ” which “ doth hedge a king” spr eads downthr ough eve ry state depar tment to the lowest ranks ; so

that, in the eyes of the people, even the policeman pu ts on

along withhis un iform a cer tain indefinnble power. Nay.

the mor e dead symbols of author ity excite reverence insapite of better knowledge. A legal formofwor ds seem to

have something especially binding in it ; and there is a

pr eter natnr alefficiency about a government stamp.

The paralle lism is still more conspicuous between theper sistency of faith in the two cases, notwithstanding pen

petualdisappoin tments. It is diflicult to perce ive bow

graven images, thathave been thrashed for uot r espondingto the ir wor shipper ’s desires, should still be raves-ennu i andpe titioned ; but the dificulty ofconceiving this is diminishedwhen we remember how, in their turns, allthe idols in our

political pantheon unde rgo castigations for failing to do

what was e x pected of them, and ar e never the less dailylooked up to in the trustfnlhope that fntur e prayers willheanswered . The stupidity, the slowness, the perversity, thedishonesty ofofiicialism, in one or other of its embodiment ,

ar e demonstrated afresh in almost every newspaper thatissues. Probably half the leading articles written hav e fortexts some absurd oficialblunder

,some em pm ting oficit l

delay, some astounding oficialcor r uption, some gross OBcfnlinjustice, some incredible official extravagance . And ye t

these whippings, in which balked expectation continuallyven ts itse lf, are immediately followed by renewed faith :thc bcnefits thsthsve not eome sr e stillhopcd for , sndprayer s for others ar e put up. A long withproof that theold State - machines ar e in them elw s inu g snd owc mpowers as they seem to have to the public opinion which

r em -n u . r r ncmsx . 895

new sate -machines of the same type as the old. Thisinexhaustible cr edulity is coun ted on by men of the widestpolitical expe r ience. Lor d Palmerston ,

who pr obablyknowshis public be tter than any other man, late ly said, inr eply to a charge made in the House I am quite con

vinced that no person be longing to the gover nment, inwhateve r depar tmenthe may be

, high or low,would be

guilty '

of any br each of faith in r egard to any matte rconfided to him.

” To asse r t as much in the face of

facts con tinually disclosed, implies that Lor d Palmerstonknows well that men’s faith in oficialism sur vives all

adverse evidence .

In which case are the hopes from State - agency r ealised YOne might have thought that the vital inte r ests at stakewould have kept the all- essential apparatus for adm iniste ring justice up to its work ; but they do not. On the one

hand, her e is a man wrongly convicted, and afterwar dproved to be innocent, who is pardoned ” for an ofl

'

ence

he did not commit ; and has this as consolation for hisunmer ited sufie r ing. On the othe r hand, he r e is a man

whose grave de linquencies a Lord Chance llor ove rlooks, onpar tial r estitution be ing made —nay, mor e , countenancesthe gr anting ofa pension tohim. Proved guilt is r ewarded

,

while proved innocence is left without compensation for

pains bor ne and fortunes blasted ! This mar vellous antithesis, ifnot often fully par alleled in the doings of oflicialism

in part. The fact that ixnpr isonment is the sentence on a

boy for stealing a pennyworth of fr uit, while thousands of

pounds may be transfe r r ed fr om a public into a privatepur se without any positive punishment be ing adjudged, isan anomaly kept in coun tenance by numer ous other judicialacts. Theor etically, the State is a pr otecto r of the rights ofsubjects ; practically, the State continually plays the partofaggr essor . Though it is a r ecognised principle ofequitythathe who makes a false charge shallpay the costs of the

896 r oamcu m wm

defence, yet, untilquite r ecently, the Or own has pe rsistedin r efusiug te pay the costs of citisena against whom ithu

used to be made to estahlishcharges by cor r upt means.

Within the memory of those now living, the Crown, inexcise - pr osecutions, br ibed juries. When the vmd ict was

for the Crown, the custom was to giv e double fecs ; and thepractice was not put an end to until the couusel for a

defendant announced in open court that the jury shouldhave double fees iftheir verdict was forhis client l

Not alone in the super ior par ts of onr judicialappar atuais this ill - working of oflicialism so thr ust on men’

s notica as

to have become prover bial ; not alcne iu the lifeclong dclays

and r uinous ex penses whichhave made Chancery aword of

dr ead ; not alone in the e x tr avagances ofbankruptcy conr ta,which lead creditor s car efully to shun them ; not alone in

that uncer taintywhich makes men submit to gr oss injusticer ather than risk the still gr ow injustice which the lawwill

, as likely as not, infiict on thcm ; but down thronghthelower divisions of the judicial apparatus ar e allkinds of

failur es and absurdities daily displayed. Ifm y be fairlyurged in mitigation of the sar casms cur r ent m pecting thepolice, that among so many men cases of misconduct a dinefficiency must be fr eqnent ; but we mighthave cxpectadthe order s nnder whichthey act to be juat and wellconside r ed. Very little inquiry showa that they ar e not.

Ther e in a stmy cur r ent thatfin the acconnts cf an lr iahofiicial, a smallcharge for a telegram whichan emcrgnncyhad ealled for , was objectcd to at thehead ofice in lm dcn,

and, after a long cor r espondence,finally allowed, but withthe understanding that in futur e no such itcm vrould be

passed, unless the depar tment inhondonhad authc r iacd itlWe cannot vouchfor this story, but we can vouchlor onawhich gives credibility to it. A fr iend who had beenr obbed byhia cook went to the pohna- ofice, dctaslsd theM p ve god r eanonn fcr infer r ing ths dir oction olh

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398 90mm rm cmm

mada men scepticalof its efliciency iu other thinga. If

here , where citizens have such intense interests in gettinga function we ll dischar ged, they have failed thr ough all

these centu r ies in ge tting it we ll dischm'

god—ef this

agency, which is in theor y the guardian of each citizen.hin so many caseshis enemy, that going to law is suggestiveof impover ishment and possible ruin ; it might have beensupposed that ofiicialism would scarcely he ex pected to

work well where the inte r ests at stake ar e less intense.But so str ong is political fetishism, that neither the“exper iences, nor the paralle l exper iences which ever y watedepartment affords, diminish men

’s faith. For years past

ther e has been thr ust befor e them the fact that, of thefunds of G r eenwich Hospital, one - third goes to main tainthe sailors, while two- thir ds go in administration ; but thisand othe r such facts do not stop their advocaoy of mor e

public admin istrations. The parable of straining at gu t

oflicialism, in the r ed- tape particularity with which all

minute r egulations ar e enfor ced, and the astounding a ro

lessness with which the accounts of a whole depot-tumhir e the Pate nt Ofiice, sr e left utterly uncontr olled ; and

yet we continue tohear men prcpoos government -auditsas checks for mercantile companies ! No diminution of

confidence seems to woult from disclosure of stupiditiss

whicheven a wild imsginstionwould soamelyhavemoaghtpossible z instanoe the method of pr omotion lately n ndo

public, under whicha clerk in one b ranchof a depar tmenttakes the higher du ties of some deceu sd super ior cle rk,

without any r ise of salar y, whfle some clerk in anothe rb ranchof thc depar tment gr ts tho r isc of salary withontany increase inhis mspousibilitics lEndless as am these ovils and ahsur difies, nnd u r viving

gener ation after generation as they do, spite of oommfisions and r epor ts m d debates, the r e is an annaalcrop of

new oohcmcs for gor er nment agend u whichm etpm d

scu r iosl. u n cmsx . 399

to wor k just as legislator s pr epose they shall wor k . Witha system of army- pr omotion whichinsur es an or ganiz edincompetence , but whichsur v ives per petual protests ; witha noto r iously ill- constituted admir alty, ofwhichthe doingsar e stock - subjects of r idicu le ; with a chur ch that maintainsefl

'

ete formulas, notwithstanding almost unive r sal r epudiation of them ; ther e ar e daily demands for mor e law

established appliances. With building acts under whichar ise houses less stable than those of the last gene ration ;with coal - mine inspection that does not pr event coal- mineexplosions ; with railway inspection that has for its

accompan iment plenty of r ailway accidents— with theseand othe r such failur es continually displayed, ther e stillpr evails what M. Gu izot r ightly calls the gr oss delusion

,

a belief in the sove r eign powe r of political machine r y.

”

A gr eat se r vice would be done by any man who wouldanalyze the legislation, say of the last half centu ry, and

compar e the ex pected r esu lts of Acts of Par liament withthe ir pr oved r e su lts. H e might make it an instr uctiver ev elation by simply taking allthe pr eamb les, and obse r v

ing how many of the ev ils to be r ectified we r e evils

pr oduced by pr eceding enactments. His chief dificultywould b e that of getting within any mode r ate compass theimmense number of cases in which the benefits anticipatedwe r e not achieved, while unanticipated disaste r s we r e

caused. And thenhe might efiectively close his digest byshowing what immense advantages have, in instance afte r

instance, followed the entir e cessation of legislative action .

Not, indeed, that such an accumulation of cases,howeve rmultitudinous and however conclusive, wou ld have an

appr eciab le effect on the ave r age mind. Political fetichismwill continue so long as men r emain without scientificdiscipline— ao long as they r ecogn ize only pr ox imatecauses, and never think of the r emote r and mor e gener alcau ses by whichtheir special agencies ar e set in motion .

Until the thing which now usurps the name of education

400 pom -Ion . m anner .

has been dethr oned by a tr ue education, having for its end

to teach men the nature of the wor ld they live in , new

political de lusions will grow up as fast as old ones ar e

ex tinguished. But ther e is a select class existing, and a

lar ge r se lect class ar ising, on whom a wor k of the kinddescr ibed would have an efi’ect, and for whom it would bewellwor thwhile to wr ite it.

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402 m aximum summ a r ies .

phenomena, causes pr oduce efiects which ar e sometimesutte r ly at var iance with anticipation,will seehow frequentlythis must happen among complex phenomena. That a

balloon is made to rise by the same for ce which makes .

stone fall ; that the me lting of ice may be greatly re tardedby wrappiug the ice in a blanket ; that the simplest way of

setting potassium onfir e is to thr ow it into the wate r ; aretruths which those who know only the outside aspect of

the factors ar e few and simple , the results may be so

absoluw opposed to seeming probability, much mor e w illtheyhe ol

‘

teu thus opposed when the factor s ar e many sn tl

involved . The saying of the French r especting politicale vents, that

“ it is always the un expecte d which happens”

of late — is one whichlegislators, and those who urge on

schemes of legislation , shou ld have ever in mind. Le t us

pause a moment to contemplate a seeminglyv impossible set

of results which social forces have wrought out.Up to quite recent dan lm gusge was held to bs of

supernatural origin . That this e labor ate apparatus of

symbols, so marve llously adapte d for the conveyance of

thought fr om mind to mind, was a mir acu lous gift, seemedunque stionable . No possible alternative way could be

thought of by which there had come into existence thesemultitudinous assemblages of words of various order s,genera, and species, moulded into fitness for articulatin gwith one another

,and capable of being united from

moment to moment into ev er vnew combinations, whichr epre sent with precision each idea as it arises. Thesupposition that, in the slow progress of things, Languagegrew ou t of the continuous use of signs— at tirst mlinlymime tic, afterward par tly mime tic, partly vocal, and at

length almost wholly vocal— was an hypothesis never evenconceived by men in early stsges of civilisation ; snd wheu

m on ster s sum m a ries . 403

the hypothesis was at length conceived, it was thoughttoo monstr ous an absur dity to be even enter tained. Yet

this monstrous absurdity pr oves to be tr ue . Already theevolution of Languagehas been traced back far enoughto show that all its par ticular words, and allits leadingtr aits of str uctur e , have bad a natur al genesis ; and day

genesishas been natur al from the beginn ing. Not onlyhas it been natural from the beginning, but ithas beenspontaneous. No language is a cunn ingly- devised schemeof a r uler or body of legislator s. The r e was no councilof savages to invent the par ts of speech, and decide on

what pr inciples they should be used. Nay, mor e . Goingon without any author ity or appointed regulation, thisnatural pr ocess went on without any man obser ving thatit was going on . 801e unde r pressur e of the need forcommunicating the ir ideas and fee lings— solely in pur suitof the ir per sonal inte r ests- men little by little deve lopedspeech in absolute unconsciousness that they wer e doingany thing mor e than pur su ing the ir personal interests.Even now the unconsciousn ess continues. Take thewhole population of the globe , and ther e is probably notabove one in a million who knows that in his daily talkhe is car rying on the process by which Language hasbeen evolved.

I commence thus by way of giving the key- note tothe ar gument which follows. My gene ral purpose, indwe lling a moment on this illustr ation,has been that of

showinghow utter ly beyond the conceptions of common

sen se, lite r ally so called, and even beyond the conceptionsof cultivated common - sense, ar e the wor kings- out of

sociological processes—how these workings- out ar e suchthat ev en those who have car r ied to the uttermost “

thescientific use of the imagination

,

”would never have antici

pate d them. And my mor e special purposehas been thatof showinghow marvellous ar e the r esults indirectly and

69

404 m cmm m w m .

unintentionally achievedhy the cooperafion of men whtar e

now to the par ticular topic to beher e dealt with.

I have greatly regretted to see Prof. Huxley stm gthen ing, by his dese r vedly high author ity, a school 0

politicians whichcan scar cely be held to need str engthening : its opponents hsing

’

ao few. I r egr et it the me nbecause, thus far , men pr epar ed tb r the study cf Sociolog

scar ce ly expressed any opinions on the question at issue

and that Prof. Hux ley, who by both general and spent.

culture is so emin entlyfitted to judge , should have com:

to the conclusions se t for th in the last number of thcFor tnightly Review,

will b e discouraging to the smal

number who have reached opposite conclusions. Greatly

of ProL Hux ley to a generalpolitical'

doctr ine withwhiclI am identified

,I do not pr opose to make any reply tn

his arguments at lar ge : being deter red par tly by r ule stauce to dwellon poin ts of difl

'

er ence withone whcm I agreatly admir e, and partly by the consciousness tbat whaI should say would be mainly a r epe tition of what I Mexplicitly or implicitly said e lsewher e . But with one pair:raised I fee l obliged to deal. Prof. Huxley tacitly pu ts tme a question . By so doing he leavss me to choo.between two alte r natives, neithe r of which is agreeab le u

me . I must either , by leaving it unanswered, accept tlsimplication that it is unanswerable,and the doctrine Ihobuutenable ; or e lse I must give it an adequate answe r

Little as I like it, I see that the latte r of these alte r nativc

is that which, on public as we ll as on pe r sonal gr ounds,mnat aocept.

Had I been sllcwed to elaborats mor e fully ths Beviewar ticle fr om whichProL Huxley quotes, this qnostiox

would possibly not have been’ raised. That ar ticlo cloas

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406 m omm a m inimu m” .

body - wall with its limbs, n ervous system,sem es, muscles,

etc . while fr om the inner double layer the re ar ise theM entar y canal and its appendages, togethe r wifi theMar t and lungs. Though in such higher types these two

systems of organs, which respectively absor b nutrimen tand expend nutr iment, become so far connected by r ami

fying bloodwm ls and min es that this division cannotbe sharply made, still the br oad contr ast r emains. At

implies at once a cooperation and an antagonism—a cc

inner organs the cr ude food, the inner or gans elabor ate

and snpply to tbe outer organs the prepar ed materials bywhichthey ar e enable to do their work, and an antagonim ,

because eachset of or gans, living aud growing at the cost

of these pr epar ed mater ials, cannot appropr iats any pe r tionof the totalsupply without diminishing by so mnchthesupply available for the other. This general cooperation

cooper ations and specialantagonim s, as fast as theaa twogr eat systems of or gans develop. The or iginally simplealimentary canal, differentiating into many parts, becomesa conge ries of structures which, by cocpm b

'

on, fulfilbetter their general function, but between which tha n

neve r the less arise antagonisms ; since each has to make

good its waste aud to get matte r for gr owth, at the oost ofthe gener al supply of nutr ime nt available for them all.

Similarly, as fast as the oute r system develops into special

coopm tionsand secondaxy antagonisma By their var ionslycombined actions, food is obtained mor e cfiectually ; andyet the activity ot

'

each set of muscles, or eachdirectivene r vous structur e, entails a draft npon the stochof pr apar ed nutr iment whichthe outer organs r eceivq and in

by so muchat the cost of the rest. Thus tbo method of

m ailma n sum mar ies . 407

organiz ation, bothin gener al and in detail, is a simultaneouscombination and opposition . All the organs unite in

subw r ving the interests of the organism they form ; and

yet theyhave alltheir specialinter ests, and comPete with

develops as fast as these systems cf or gans deve lopEventually this becomes double . A gener al distinctionar ises between the two contr olling systems be longing to

the two gr eat systems of organs . Whether the inner con~

tr olling system is or is not or iginally der ived fr om theou te r , matte r s not to the argument—when deve loped it isin gr eat measnr e independen t.

* If we oontemplate the ir

this distinction . That the outer organs may cooper ateeffective ly for the pu r poses of cat prey, escapingdange r , etc.

,it is needful that they should be under a

be qnick adjustments to occasions that ar e more or less

new ; audhence ther e r equir es a complex and centr alised

Hera andmr oughout the discnssioq etsr to thess controlling q atsmsmly u thq aaiu in ths m m their relatiom m tar mknown in thiagrsat diviaion olWWW— notw m mtions do not ex ist slw vhm . m mm m msmgsm mtheas oonn'

olling systennhavs ralatiom that am sx tnsmsly sigfificant to us

am mo- M m ths viaen as wefl as a mors oom ast

pr esiding over tha organa of smmal ralotion. And this oontraat il

408 m orm m mm rsr n rm .

inner system of organs is a difler ent and muchsimpler one .When the food ob tsined by the oute r or ganshas b een putinto the stomach, the coope r ation r equimd of the visce ra,

though it var ies somewhat as the quantity or kind of foodvar ies,has never theless a gene r al uniformity ; and it is

r equir ed to go on in mnchthe same way whate v e r theouter cir cumstanw s may be . In eschcase the foodhaato be reduced to a pu lp, supplied with various solven tsecr etions, prope lled onwar d, and its nutr itive part takenup by ab sor bent sM es. That these pr oceases may beefiective, the organs whichcar ry them on must be supplisd

with fit blood ; and to this end the heart and the - lu gshave to act withgr eater vigor . Thie visceralcooper ntion,car ried on with this compar ative un iformity, is regulatedby a nervous systemwhichis to a large ex tent independentof thathigher and more complex ne r vous system contr ollingthe external organs. The act of swallowing is, indeed,mainly efiected hy the higher ner vons system ; but, be ingswallowed, the food afi’ects by its pr eaence the localne r n a.

through them the local ganglia, and indirectly, thr onghn ervous connex ions withother ganglia, encitss the r est of

the visce ra in to cooperative activity. It is tr ue that thefunctions of the sympathetic or ganglionio ne r vous syatem,

or“n e rvous system of or ganic life,

”as it is othe r wise

called, ar e imperfectly under stood. But, since we know

podfiv ely thst mme of its plexm g u the w dhq mcentr es of local stimulation and ooordination, whichcan

act independently, though they ar e influenced by highercentr es, it is fairly to be infer red that the other and atill

larger plexuses, distr ibuted among the viscera, ar e also

such local and largely independent centres ; especially as

the nerves they eend into the viscer a, to join the manysubordinate ganglia distr ibuted thr ough them, gra tly ex

ceed in quantity the cerebro- spinal fibres accompanyingthem. Indeed, to enppose otherwise is to leave unanswe r edthe question—What ar e their functionalaa wellas the

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410 m am a ) sum m a r ies .

pm mdmdwm mn ofm m m moi development of these two gr eat sete ei stru ctur es that

functions. Ther e ar e active cr eatm s in whichthe loeomotive organs, the orgaus ol sense, together withfionervous apparatus which combines their wfim hear a

large r atio to the organs of alimentation and thsir appeudages ; while ther e ar e inactive cr eatures in vhiohthu o

or gans of ex te r nalr elaficn bear a v ery smallr atio to theespeciafly instr uctive to us, is that very &eqoently thm

gr eat ohange in the r atio of these two systems—a meta.morphosis which accompanies a gr eat change in the modeci llis. The most iasnilisr metamorphosis is vv ioaslyillustr ated among insects. Dur ing the esrly or lar vul

stage of a butte rfly, the orgsns of alimentation ar e largalydeveloped, while the organs of ex ter nal r elatien m hutlittle developed ; and then, dur ing a pes

'iod of quiesou cs,

the crgaus of ex ter nalr elation undergo au immense devslcpment making possible the cr eatur e

’s active and vu ie d

adjustments tc the sur rounding world,while the alim htysystem becomes r elatively small. On the otherhand, amoagthe lower inver teb rate animals ther e is a very commoametamorphosis of an oppod te kind. When young, thecr eam e,withscar cely any alimen tary systm hutmppliedorgans bsn hssn tha s in vhichm tioa is eithc ms sfimnb tomcr ihsceempanimsst ; snd thst hum thsn easu no eonelfl on m i s

drav n applyiag to ths easss elthoss vb csra vhiehaom nym “functioas without ssnu tiaa. Psrhaps it may even bo thstfis tmatla s d

thcss sympathettc flhn s vhichm pany the srtu ies d ths cm mm simply amilln y to thoss ot the ceahalpafl s olths sympafin thmM ths diflufion dhb od is sx tsrnalom whn it is m hdhw

MW MW M u n n smdn at mm mm u tw m mm d m

assassin s mu mm am as . 411

asatly it settles in ahabitat wher e food is to be obtainedwithou t moving about, loses in gr eat par t its or gans of

exte r nal r e lation, develops its visce r al system, and, as itgr ows, assumes a nature utter ly un like that which it or iginallyhad— a natur e adapted almost exclusively to alimentation and the pr opagation of the species .

Let us tur n now to the social organism, and the analogiesof structur e and function which may be tr aced in it. Of

cour se these analogies be tween the phenomena presentedin a physically coherent aggr egate forming an individual,

aggr egate of individuals distributed over a wide area,cannot be analogies of a visible or sensible kind ; but canonly be analogies between the systems, or methods, of

organization. Such analogies as exist result from the oneunquestionable commun ity between the two organisationsMm is is botha mutualdependem of pur ts. This is the

there ar e between an individual organism and a social

above said, by the unlikenesses of the aggr egates. One

cardinal difie r ence is that, while in the individual organismthere is but one cen tre of consciousness copable of pleasureor pain, ther e ar e, in the socialor ganism, as many suchcen tres as the re ar e individuals, and the aggr egate of them

which entir e ly changes the ends to be pursued. Bear ingin mind this qualification, let us now glance at theparalle lism indicated.

A socie ty, like an individual,has a set of str ucturesfitting it to act upon its euvironment —appliances for attack

At the same time, a societyhse an industr ialorganisstieu

412 sr scum sn mm

whichcar r ies on allthose pr ocesses that malte possible thenational life . Though these two sets d or gans for ex ter nal

activity and inter nalactivity do not bear to one anotherjust the same re lation which the outer and inner or gans oian animaldo (since the industr ialstr uctur es in a aocietysupply themselves with raw materials, instead of beingsupplied by the ex te r nalor gans), yet they bem'

a r elatiou

otherwise similar . Ther e is at once a codper ation and an

antagonism. By the help of the defensive system theindustr ialsystem is enabled to car ry on its functions without injur y fr om for eign enemies ; and by thehelp of the

the defensive system is enabled to maintain this security.At the same time the two system ar e opposed in so far

that they both depend for their existence upon the common

stock of produce. Fur the r , in the social organism, as in

the individual or ganism, this pr imary coGper ation and

antagonism subdivides into secondary cooperation and

antagonisms. If we look at the industr ial organization,

we see that its agricultural part and its manufactu ringpart aid one another by the exchange of their pro ducts,and ar e yet otherwise opposed to one another ; since eaehtakes of the other ’s products the most it can get in n tur n

for its own pr oducts. Similarly throughout the m un

factur ing system itself. Of the totalr etur ns aecur ed hyManchester for its goods, Liv erpool obtains as much as

possible for the r aw material, and Manchester gives as

little as possible— the two at the same time

in secr eting for the r est of the community the m en

fabr ics it requir es, and in join tly obtain ing from the r est ofthe community the largest payment in other commoditiea.

And thus it is in allkinds of dir ect and indir ect ways

throughout the industr ial structures. Men prompted bytheir own needs as well as those of their childr en, and

find every unsatisfied need of their felloswmen, and to

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414 sr soumz sn animnsr u m s.

sympathetic does in a ver teha-ate snimsl. Thai-o b s

and distr ib uting cen tr es, whichencites or r etsr ds ss thecir cumstances vary. Fiom hour to hour mssu ges psn

eachof them and London ; fr omhe ur tohonr pr ices madjusted, supplies ar e md er ed mm os thither, and

capitalis dr afted fr om plsce to place, accor ding ss thmis gr eater or less need for it. Allthis goes on wrthont’

those executive centr es which combine the action of

the oute r organs. Theme is, however, one sliminfluence which these higher centr es exercise ove r theaggression, dir ect and indir ect. The condition unde rwhich on ly these producing and distr ibuting proccssss can

go on healthfully, is that, wherever them isWand

for r epair . And secur ing this is ncthing less than secur ingfulfilment of contr acts. Just in the ssme wsy that a

bodfln sn whichpahm funofimbnt is not sdequm ly

psid in blood, must dwindle , and the or ganism as s wholsev entually sufier ; eo an industsialcentr e whichhas msdeadequately paid in other commodities, must decsy. And

when we ask what is r equisite to pr event this loml

innutr ition and decay, we find thc r equisite to bo tbat

agreemen ts shall be car r ied out ; thst goods shallhspaid tor at the stxpulated

°

pr ioes°

3 that 1umoe' °

shal l

thst betweeu the metamorphoses whichocour iu tho two

erw aum sum mar ies . 415

they ar e changes in the r atios of the inmr and onter

systems of organs ; and also in so far as they take plsceunde r analogous conditions. At the one extreme we havethat small and simple type of society which a wanderinghor de of savages pr esents. This is a type almost whollypredator y in its organ ization. It consists of little e lsethan a cooper ative structure for carrying on warfar e— theindustr ial par t is almost absent, being r epr esented only bythe women. When the wande r ing tr ibe becomes a settledtr ibe, an industr ial organ ization begins to show itse lfespecially where, by conquest, there has been obta ined a

slave~class that may be for ced to labour . The predatorystr uctur e, howeve r , still for a long time predominates.

Omitting the slaves and the women, the whole body politicconsists of par ts organised for ofl

'

ence sud detence , and is

eflicient in propor tion as the con trol of them is centralized .

Commun ities of this kind, continu ing to sub jugste the ir

ple x ity, never theless re ta in a mainly- pr edator y type, withjust such industr ial str uctures as ar e needful for suppor tingthe ofiensiv e and defensive str uctur es . Of this Spar tafur nished a good example . The char acter istics of such a

social type ar e these— that each member of the r ulingr ace is a soldier ; that war is the business of life ; thateve ry one is subject to a rigorous discipline fittinghim forthis business , that centr alised author ity regulates allthesocialactivities, down to the de tails of eachman .

’s daily

conduct ; that the welfar e of the State is every thing, andthat the individual lives for public benefit. So long as

the environing socie ties ar e such as necessitate and keepin exer cise the militant or ganisation, these traits continue ;but when, main ly by conquest and the formation of largeaggr egates, the militant activity becomes less constant,and war ceases to be the occupation of every fr ee man,the industr ial str uctu r es begin to predominate . Withouttracing the tr ansition, it

'

willsufice to take , as a sample

416 ”m axi m um

of the pacific or industr ial type, the Nor thm 8tatss of

of militiahad tur ned into occasions for jollity, and ever ything mar tialhad fallen into contempt. The traits of

the pscific or industr ialtype ar e these—that ths centml

author ity is r e latively feeble , that it inter feres secret lyat allwiththe pr ivate actions of individnals ; and tht tthe SM instead of being that for the benofit of whichindividuals exist,has become that which exists for thebenefit of individuals.It r emains to add that this metamor phosia whichtab ssplace in societies along with a highe r civilisation, vr apidly r etr ogrades if the sur rounding conditions bocomounfavor able to it. Dur ing the lste war in Amer ica, hlrSeward

’s bou b —“ I touohthis belhand auy man in tha

r emotest State is a pr isone r of the Gov er nment ” (a bou t

the Republican party gr eatly applauded)— shows ushow

r e sumed the needfu l type of centr alized str uctur e ; and

and ideas. Our own histo ry since 1815 bea m :

double change of this kind. Dur ing the thh'ty yot r l’

peace, the militant or ganisation dwindle d, the militarysentiment gr eatly decr eased, the industr ial or ganisationrapidly developed, the assertion of the individuality of thecitisen became more decided, and many restrictiv e and

despotic regulations were got rid of. Converse ly, since

the r evival of militant activities and structm'cs on the

Continent, our own offensive and defensive chumhave been r e - deve loping ; and ths tsndency towsrd incrm a

o reshss become mar ked.

And now, closing this somewhat elaborate in troduction,

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418 arsou m su mm on.

do not see how I am conce r ned witha quesfion whittacitly supposes that ldeny the legitimw y and the imporance. Not only do I contend that the restraining pomof the State over individuals, and bodies or classes 1

individuals, is requisite, but I have con tended that it shoalb e ex e r cised much mor e efl

'

ectually, and carried out mut

fur ther , than at pr esent.* And as the nmintenanoe of th

control implies the maintenance of a controlling uppe r- tnI do not see that I am placed in any difliculty when I ax

asked what would happen wer e the contr olling appar el!for bidden to inte r fer e . Further , on this gener al u pect cthe question I have to say that, by compar ing the de liber ati‘ver te b r ate animal, as r espectively am gmg the inter emof the society and of the individual, and as bothdoing th:through processes of r epr esen tation , I do not mean tWthe fio sets of inter ests ; for these in aM (¢at lesst a peacefulsociety) r efer mainly to mmnor acnon1

while in au individualcr eatu r e they r efer mainly to ex te r ic

actions . The “ interests ” to which I refer, as be inaver aged by a r spr eeentative govsr ning body, are thconflicting inter ests between clu s and clasq as well l

between man and man—conflicting intere sts the balsna nof which18 nothing but the preventing of aggr ession an

I pass now fr om this gener alsspect of tbe qneefiolwhich does not concer n me, to a mor e spc ialaspeot whiedoes concer n me. Dividing the actions ofgover ning strmtur es, whe ther in bodies individual or bodies politic, in!the positively r egulative and the negatively regulative, c

those which stimulate and direct, as distinguished b e !those which simply restrain, I may say that if ther e i

raised the question—Whatwillhappen when the contr ollfii'su sw sasa mp. n tmm nma aom "

en dao

arm nrz r u M W »

independent of the de liber ative and executive com es, u tterimpotence would result : in the absence of muscular

muchless of acting on surrounding things, and the bodywould be a pr ey to the fir st enemy. Proper ly to ccmhinethe actions of these outer or gans, the gr eat ner vous centr es

ar r est action . Similarlywiththe cnter or gsns ofa political

be despotically commanded by a centr al au thor ity, ther e

requir ed for meeting the var iable actions of enter nal

enemies. But iL instead of asking what would happen

contmlfinm the gr eat gover ning centr eg we ashwhatwould happen wer e the inner or gans ahe industr ialaud

answer is quite difier ent. Omitting the r espirater y and

some mincr ancillary pu ts ef the iudividualorganism, to

whichthe social os'

ganism has nodring analogous 3 and

‘m u m mm m d the m m y

“ mamm am m m is posifively regulativa ; but “,

420 sr scumz r n mm sm r rcu.

der anged or par tly . absent. The v italfunctions pr oceed

pr operly dur ing sleep, thoughless actively tifim when thobr ain is at wor k. In infancy, while the oer eb r o -spinalsystem is almost incapable, and cannot even perform suchsimple actions as thoee of commaudiug the sphincten , thevmcer alfunctions ar e active and r egular . Nor m an ad ultdoes that ar r est of cer eb r slactiou shown hyor that extensive paralysis of the spinal system which

from being car r ied on for a consider able time ; thoughtheynecessar ily begin to flag in the ab sence of the dm nd

which an active system of oute r organs makes upon them,

These intm-nal organs ar e

, indeed, so little under thethat their independence is often very inconvenient. No

mandate sent into the inte r ior stops an attsck of dimhm ;

nor , when an indigestible meal excites the cir culation at

nighthand pr events sleep, will ths bidding o£ the b r sincause thehear t to pulsate mor e quietly. Ithdoub tls.

the cer ebro- spiualsystem ; butthat theyar e mainly indepsndent cannot, I think, be questioned. The facts that

per istaltic rnotion of the iutestines can go ou when theirne r vous connex ions ar e cut, and that thshesr t (in oold

blooded ver tehr ates, at lesst) continues to pulssta tor some

time afterheing detached fr om the body, mske it manifsssthat the spontaneous sctivitie s of thess vitalorgm sub

se r ve the wsnts of the body at largs withont dir ection b om'

its higher govern ing centres. And this is made ev en

m thimhomhhnghhndgbhou ’ sm wm m mom bis w ghbw fshnt or trom depositing rubbishnpun tg ny ssliu hWW” . Then is s tolsr sbty shsrpM amma lian -ame nolsscuring s citism

's ends tothim or intsrtsrm withlns md s d “

M and ihsm d ohsotinghhn whsnhs intsda s whhm “in ths pursult olhis snds.

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422 sr scu mz sn smmnsr u r rox .

by the administr ation of justice in a society ; namely, thatmor e wor k shall br ing mor e pay. If, however , dir ect pr oofbe called for that a system of organs may, by car r ying on

the ir seve ral independent activ ities uncontr olled, secu r e thewelfar e of the aggr egate they form,

we have it in thate x tensive class of cr eatu r es which do not possess any

ne r v ous systems at all; and which neve r the less show,some

of them, conside r able degr ees of activity. The OceanicHydr ozoa supply good examples. Notwithstanding themu ltiplicity and comple x ity of the organs whichsome of

them possess,” these cr eatur es have no ne r vous centr es— no

r egulative appar atus by which the actions of the ir or gans

ar e coordinated. One of their highe r kinds is composed ofdificr ent par ts distinguished as cuenosar c, polypites, tentacles,hydr ocysts, nectocalyces, genocalyces, etc.

, and eachof those diffe r ent par ts is composed of many par tiallyindependent units— thr ead- cells, ciliated cells, contr actile

fib r es,e tc. so that the whole or gan ism is a gr oup of

he te r ogeneous gr oups, eachone ofwhichis itself a mor e or

lesshete r ogeneous gr oup. And,in the ab sence of a ne r v ous

system,the ar r angement must necessar ily be suchthat these

diffe r en t units,and diffe r ent gr oups of un its

,seve r ally

pu r suing their indiv idual liv es without positiv e di r ectionfr om the r est, never theless do, by v ir tue of the ir constitu

tions,and the r e lative positions into whichtheyhave gr own,

coope r ate for the maintenance of one anothe r and the entir eaggr egate . And if this can b e so witha set of or gans thatar e not connected by ne r ves

,muchmor e can it b e so witha

se t of organs which, like the visce r a of a highe r an imal,

have a special set of ne r vous communications for e x citing

one anothe r to coope r ation .

Let us tur n now to the par allelclasses of phenomena

whichthe social organ ism pr esents. In it,as in the

indiv idual organ ism,we find that while the system of

e x ter nalorgans must b e r igor ously subor dinated to a gr eat

gov er ning centr e whichpositively r egulates it, the system

W DWproduction and inter change by whichthe national lita ismaintained, go on as wellwhfle Parliament is not sitting as

while it is sitting. Whe n the membm cf the Ministr-y ar e

Manchester manufactures, London distr ibu tes, just as

usual. Allthat is ne edfulfor the normalper for mauce of

these inter nalsocialiunctions is, that the r est raining or

inhibitory str uctures shall continue in action : these

be car r ied on in suchways as not to tr ansgr ess cer tain con

fulfilment of contracts is ever ywher e enforced— ao long as

citiz ens, the fu ll r etur n agr eed upon for wor k done or com

modities pr oduced ; and so long as eschmay en joy whathe

ability to enjoy ; these functioss willgo on healthfnllymor ehealthfully, indeed, than when r egulawd in any otherway. Fully to r ecogniae this fact, it is needfulonly to look

at the or igins and aetions ofthe leading industr ialstr uctu r es.We will take two of them

,the most r emote fr om one

The fir st shallbe those by whichfood is pr educed and

distr ibuted. In the four th ofhis Intr oductery Lectw-

a on

“Mm “ ths most irnpor tsm objects m seeomplishsdhy the joimWelpmwm who never thiak oa orhsn sny idss d scfing in

pmbshly the mmt diligsnt beaw olenoa undsr ths guidsnee ot ths grestest

424 srm m sn mm mm em.

cansed by inconstancy in the ar r ivalcf supplies ; by tho

fluctuating numbe r of consumers ; by the heterogvncitycf their demands ; by var iations iu the swchimmediau

and r emote, and the need for adjusting the rate of con

sumption ; and by the complexity in the pr ocess of

distr ibution r cquir ed to br ing due quantities of those

having dwelt on these m ay dimculties,he finishes hispictum by saying e

“Yet this object is cccomnlished far bcttsr thsn it couldhc bym d u t

d humm whdm thmughthe ngsncy olmen who think mhd m

cmploy tbc wiM mem s tcr cflwtiog m objca thc m - d v fl ehhwouldhcwilda them cm to contcmpllto.

"

But though the far - spreading and complex or gan iz ationby which foods of allkinds ar e produced, prepared , and

distr ibuted thr oughout the entire kingdom, is a m u ralgr owth and not a State -manufacture ; though the Statedoes not determine whe re and in what quantities cerealsand cattle and sheep shall be rear ed ; though it does not

arrange their respective pr ices so as to make supplies lastuntil fre sh supplie s can come ; though ithas done nothingtoward causing that great improvement of quality whichhas taken place in food since early times ; though ithasnot the cr edit of that e laborate apparatus by which bread,and meat, and milk, come r ound to our doors with a daily

pulse that is as r egular as the pulae of the heart ; yct tbcState has not been wholly pamive . Ithas from time htime done a gr eat deal of mischief. When Edwar d I.forbade all towns to harbour forestallers, and whenEdwar d VL msde it penalto buy gr ain for the pur pooe olse lling it again, they were preventing the process by whichconsumption is adjusted to supply : they were doing all

that could be done to insure alter nations of sbpndanoo and

starvation. Similarly with the many legislative m m

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426 ar xcu u z r n anionic-mar ten.

per fect ; so that now the transactions of any tr ader inthe kingdom with any othe r may be completed by thewr iting 03 and balancing of claims in banke r s’ books.

This natu r al evolution, be it obser ved,has r eached withus a highe r phase than has been r eached where thepositive ly - r egulative contr ol of the State is mor e decided .

They have no clear ing -house in Fr ance ; and in France

the method of making payments by checks, so dominan tamong our selves, is ve r y little employed and in an impe rfect way. I do not mean to imply that in England theState has be en a me r e spectator of this deve lopment.Unfor tunate ly, ithas fr om the beginning had r e lationswith banks and banker s : not much, howeve r , to the iradvantage , or that of the public. Thefir st kind ofdepositbank was in some sense a State - bank : me r chants left fundsfor secur ity at the M int in the Tower . But when Char lesI. appr opr iated the ir pr ope r ty without consent, and gav eit back to them only unde r pr essu r e

,afte r a long de lay

,

he destr oyed their confidence . Similar ly, when Char lesII.

,in fu r the r ance of State - business

, came tohav ehabitualtransactions withthe r iche r of the pr ivate b anke r s ; andwhen ,having got near ly a million and a half of the ir

mon ey in the Ex chequer , he stole it,r uined a mu ltitude ‘

of me r chants, distr essed ten thou sand depositor s,and

made some lunatics and su icides,he gave a conside r able

shock to the banking system as it then ex isted. Thoughthe r esults of State - r elations with banks in late r times

have not b een so disastr ous in this dir ect way, yet theyhave been indir ectly disastr ous— pe rhaps ev en in a gr eate r

degr ee . In r etu r n for a loan,the State gav e the Bank of

England special pr ivileges ; and for the incr ease and con

tinuance of this loan the br ib e was the maintenance of

these pr ivileges— pr ivileges which immense lyhinder ed thedevelopment of banks. The State did wor se . It led theBank of England to the ve r ge of bankr uptcy by a for cedissue of note s, and then author iz ed it to br eak its pr omises

m oist u r eW M . 427

to pay. Nay, wor se still, it pr evented the Bank of

England from fulfilliug its pr omises to pay when it wishedto fulfil them. The evils that have ar iaen fr om thepositive ly- r egulative action of the State on banks ar e too

multitudinous to be he r e enume r ated. They may be

found in the wr itings of Tooke , Newma r ch, Fu lle r ton,Macleod, Wilson, J. 8. Mill

,and other s. All we have

her e to note is, that while the enter pr ise of citiz ens in thepur suit of pr ivate endshas developed this great tr adingpmcesa whichso immensely fncilitates allother tr adingit to an almost fatalex tent ; and that, while theyhavedone enormous mischief of one kind by the ir positive ly

another kind by failing in the ir negativ ely - r egu lativeaction . Theyhave nct done the one thing theyhad to do :they have not un ifor mly insisted cn fulfilment of contr actb etween the banker and the custcmer who takes hispr omise to pay on demaud.

Betwee n these two cases of the tr ade in food and thetr ade in money

’

, might be pnt the casea of other tr ade s :allof them car r ied on by or ganisations sinfilarly evolved,

and snnflarly mor e or less der anged fr om time to time by

me thod. When it is qnestioned whe thcr the spontaneous

quately wor kout the gene ralgood,we may get guidmce for

judgmen t by compar ing the r esults achieved in coun tr ies

least r egulated, withthe msnlta achiev ed in coun tr ies

State - action mor e tr usted. Twe cases, fur nished by thetwo leadlng nafions on the Confinent willsufice tIn France , theEcole des Ponts et Chauasées waa founded

in 1747 for educating civil engineer s ; . and in 1 795 was

60

428 sr scu u z xn m ums-rum or .

founded the Ecole Polytechnique, se r ving, among 06

pnrposes, to give a gener alscie ntific m ag to thwho wer e after ward to be more specially tr ained for eenginee r ing. Ave r aging the two dates.we may my tha ta centu ry France hashad a State - established and St:

maintained appliance for pr oducing skilled men or! t

faculty for public use . In England, until quite recen t

of enginee r ing faculty to take place under the law

supply and demand— a law which at present seems to

no more mcogniz ed as applying to education, than it w

r ecogniz ed as applying to oommerce in the days of boon tand restr ictions. This, however, by the way.We haher e simply to note that Br indley, Stan ton, BennTelford, and the r est, down to Geor ge Ste phens:acquir ed the ir knowledge , and got the ir ex per iemwithout State - aid or supervision. What have been t

comparative results in the two nations ? Space does :

allow a detailed compar ison the later results must amRailways originated in England, not in France . Rail"spr ead thr ough England faste r than through Fr om

Many railways in Fr ance were laid out and afl oat-ed

English engineer s. The earlier French railways wt

made by English contr actors ; and English locomotiwserved the Fr ench maker s as models. The first Fmwor k wr itten on locomotive engines, pub lished about 18

(at least lhad a oopy at that date), was by the ComtsPambour , whohad studied in England, and who gavehis wor k nothing whate ver but drawings and descr iptit

of the engines ofEnglish makers.

The second illustration is supplied to us by the manation, now so common ly held up to us (or imitation. 1

us contrast London and Berlin in r eopeotof an all-eat en:

appliance for the eomfor t andhealthof citizens. t

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would b e to our disadvan tage, I reply that,atfirst seem

substantially ~ independentindustr ial str uctures— it is

t

only“

z

these spontaneoussocial life become mel the a

gover n ing “m ay

Possibly it will be mid thwtmater ial needs, the actionsnecessity and m de quick by

sap

Contin ental countr ie s, is ascr ibable to ”it

which we are second to none. cm , with as

been written without oficial prompting ; and

SPECIALIZED summar ssr xos. 43 1

forms of lite ratur e any more indebted to State - patronage.It was because there was a public liking for fiction thatfiction began to be pr oduced ; and the continued publicliking causes a continued production, including, alongwith much that is wor thless, much that could not havebeen made better by any academic or other supe rvision .

And the like holds of biogr aphies,histo r ies, scientific

books, etc. Or,as a still more str iking case of an agency

thathas grown up to mee t a non -mate r ial want, take thenewspaper press. What has been the genesis of thismarve llous appliance, which each day gives us an abstr actof the wor ld’s life the day befor e ? Unde r what pr omptingshave the r e been got together its stafi

'

s ofeditor s, sub - editors,

ar ticle- wr ite r s, r eviewer s ; its r epor ter s of parliamentarydebates, of public meetings, of law cases and police cases ;its cr itics of music, theatr icals, paintings , etc. its cor r espenden te in all par ts of the wor ld ?Who devised and

br ought to per fection this system which at six o’clock in

the mor ning gives the people of Edinbur gh a r epor t of thedebates that ended at two or thr ee o

’clock in the House of

Commons, and at the same time te lls them of events thatoccur r ed the day befor e in Arne r ica It is not a Gover nmen t invention . It is not a Gover nment suggestion . Ithas not been in anyway improved or de veloped by legislation .

On the contr ary,ithas grown upin spite ofmany hinde rancesfr om the Gover nment and bur dens which the Gover nme nthas imposed on it. For a long time the r epor ting of

par liamentar y debates was resisted ; for gener ations censorships and pr osecu tions kept newspaper s down, and for

seve r al subsequent gene r ations the laws in for ce negativeda cheap press, and the educational benefits accompanyingit. Fr om the war—corr espondent

,whose letter s give to the

very nations that ar e fighting the ir only trustwor thyaccounts of what is be ing done , down to the newsboy whobrings r ound the thir d edition with the latest te legr ams,

432 sr scu u z sn 1m m

cooperation among pr ivate individuals, aiming to benefitthemselves by minister ing to the intellectualneeds of the irfellowH innug also, not a few of them, to M t the irfe llows by giving them clear e r ideas and a highe r standardof right. Nay, mor e than this is true . While the press isnot indebted to the Governmen t, the Governmen t is anonmously indebted to the pr e ss ; without which, inde e d, itwould stumble daily in the per formance of its fun ctions.This agency whichtbe State once did its best to pu t down,

andhas allalong impeded, now gives to the min iste r s news

in anticipation of their dispatches, gives to member s of

Par liament a guiding knowledge of public Opinion, em blesthem to speakfr om the House ofCommons benches to theirconstituents, and gives to both legislative chambers a (all.

record of their proceedings.I do not see

,thm for e,how ther e cau be auy donbt

respecting the sufficiency of agencies thus originating.

The tr nththat in this condition of mutualdependence

b r '

ught about by social life, ther e inevitably grow up a s

r angements suchthat eachsecur es his own cuda hyministe r ing to the ends of other s, seems tohave been fir s

long time one of those open secrets whichr emain secre tbecause they ar e so open ; and even now the conspicuousnm of this tr uthseems to cause an imperfect consciom e.

even wer e there no other form of spon taneous coope rationamong men than that dictated by se lf- in ter est, it might berationally he ld that this, under thecontrol of a centr al power, wou ld wor k out, in prope rorde r , the appliances for satisfying allneeds, and car ryingon healthfully allthe essentialsocial functions.But there is a fur ther kind of spontaneous coépar atinn,

takes a lsr ge sharein satisfying cer tain clssses of noodn.

Familiar though it is, this kind of spontaneous oofipe r ationis hsbitually ignor ed in sociological discnssious. Alike

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434 m on ster s warms-ru n es .

ing- clau es to give mutnalaid mtime of siehm and

which the Commission now sitting is showing to be

immensely beneficial, notwithstanding their defects ; forthese also, though containing a larger eleme nt of sympathy.ar e prompted chiefly by anticipations of person ! be nefits.Leaving these, le t us tur n to the organ isations in whichaltr uism is more decided : taking first tbst by which

the Free Chur ch, the United Pr esbyterians, and othe rDissen ting bodies ; in England, theWesleyms, Indepen

den ts, and the various minor sects. Cut off, too, fr om

r ecent times by voluntary seal, made conspicuous enoughby the new steeples thsthsve been r ising ou allsidea ; and

then also talre out, from the r emaindcr oi'

the Estab lishedChurch, that ene rgy whichhas dur ing these three gemations been infused into it by competition withtheDissenters : so reducing it to the degraded, inert statein which John Wesley found it. Do this, and it b ecommanifest that mor e than half the or ganisation, snd ia

mensely more than half its fun ction, isLook round, again, at the multitudinous institutions tormitigating men’s ills— the hospitals, dispenses-ice, almahouses, and ths like— the vsr ious beuevnlent and mendia‘tysix and seven hundr ed. From our vast Bu Thom-

‘a,

exceeding the palace of the Legislature itself in bu lk,down to Dorcas societies and village clothing- clubs, wehave charitable agencieg msny in kind and countle - iu

number , which supplement, pe r haps too largely, the le gally.established one ; and which, whatever evil they may havedone alcng withthc good,have done iar less evilthan thePow -hw mgmhafiou did befm it m r eformed in 1mAkin to these ar e stillmor e str iking ex amples ot

'

powee in

8m sum m a r ies .

agencies thus originating, such as that fur nished by theAnti- slave r y Socie ty, which carr ied the emancipation of

the slaves, notwithstanding the class- opposition so pr e

dominant in the Legislatur e. And if we look for mor erecent like instances, we have them in the organisationwhich pr omptly and efficiently dealt with the cottouo famine

in Lancashir e, and in that whichlast year ministe r ed to

the wounded and distr essed in Fr ance . Once mor e ,

conside r our educational system as it existed till withinthese few yeur s. Suchpar t of it as did not consist of

pr ivate schools, car r ied on for pe r sonal profit, consisted ofschools or colleges set up or maintained hy men for thebenefit of the ir fellows, and the poste r ity of the ir fellows.Omitting the few founded or partially founded by kings,the numer ous endowed schools scatte r ed thr oughout thekingdom, originated from altr nistic fee lings (so far , at least,as they wer e not due to egoistic desir es for good places inthe othe r wor ld). And then , after these appliance s forteaching the poorhad been almost en tire ly appr opriated bythe r ich, whence came the r emedy ? Another altruistic

against the Opposition of the Chur chahd the gov e rniug

systems, local and gener al, ecclesiastical, dissenting, and

secular , the mass of the people had been b rought from a

of them wssessed the r udiments of lmowlsdge . But for

hav e been nniver sal. Not only suchknowledge as the

and lesding ar ticles ; but the knowledge of those who car ryon the bnsiness of the conntr y as ministm'

s and legislators;

436 m un » gam m a.

cultured intelligence of'

the ccuntryhss talren tc spur niagits par ent ; and that tc whichit oweshothits cx iwene c lnd

the consciousness of its own value is pooh- poohed as though

othe r fact let me add. While suohteaching crgnnisnticco,

and their r esults in the shape of enlightenmeng ar e dne tc

the gr eat improvemen ts in the quality of the cultur e now

knowledge , and of the scientific spirit,has not been bro ughtabout by laws and cficials. Our scientific socie ties havear isen fr om the spontaneous cocper ation of those inte restedin the accumulation and diffus ion of the kinds of tr uth theyr espectively deal with. Though the Br itish An notation

their r esults in the way of advancing science have home

but an extr eme ly small r atio to the results achieved withou tany such aid. If ther e needs a conclusive illustration dthe power of agencies thus arising, we have it in the historyand achievements of the Royal Institution. Fr om this,which is a pr oduct ofaltr uistic cooperation, and whichhashad for its successive professor s Young, Davy, Far aday,and Tyndall, ther ehas come a se ries of brilliantdiscovcr ia

which cannot b e paralle led by a series fr om any Statenurtur ed institution .

I hold, then, that forced, as men in socisty or e, to soaksatisfaction of their own wants by satisfying the wants of

othe rs ; and led as they also are by sentiments which socia llifehas fcster ed, tc satisfymanywants cf cthcr scf their own ; they ar e mcvsdhy twc sets cf fcm which.working together, will amply suffice to car ry on allne edfu lactivities ; and I think the facts fully just ify this be lief.It is trne that, n pr ior i, coe would nothar e mppccsd thfiout mchm uM any mcr c than cne wcnldhavs mppou d,t hathy thcir unconscicus cocpm tion thcy oonid

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488 m m Wto this theory of State - functions. That “ A.dminish-sN ihilism adequately descr ib es the view set tor ch byHumboldt, mayhe : I have not readhis work . But Inot see how it adequately descr ibes the doctr ine I I:be en defending ; nor do I see hcw this can b e propexpressed by the more positive title, pohco gom nme r

The conception suggested by police - government doe sinclude the conception of an organisation tor ente r

protection. So long as eschnation is given to bur gln r

quite admit each othe r nation must keep guards, un daforms of army or navy, cr both, tc pr event b’ur glnr s 6br eaking in . And the title police gover nment does not

its ordinary acceptation, comprehend these oM sive

defensive appliances needful for dealing with for e

enemies. A t the other ex tr eune , tco, it falls short of

full meaning to be expressed. While it duly conveysidea of an organisation r equired for checking and pun ishcr iminal aggr ession, it does not convey any idea of theless impor tant or ganisation re quir ed for dealing w ith c

discharging the negative ly- regulative function. Thorlaten t police- for ce may be consider ed as giving ti

efliciency tc legaldecisions on allqnsstions bm ghthm

'

si prim courts, yet, since he re police -aim s rar e ly outin to visible play, police - government does not suggest tver y extensive part of the administration of justice .

fr om contending for a k isses-fair s policy in the sense whthe phrase commonly suggests, lhave contended tor s in

active control of the kind distinguishable as neg- tit

regulative . One of the reasons Ihave urged for st andState -action fr om other sphe res, is, that it may beenmore eflicientwithin its proper- sphere . And Ihave nrgrthat the wr etched performance of its duties withinpr oper sphere continues, because its time is chiefly spover imaginary duties.

‘ Ths fscts that cftenfin ln nb np800Ea sy on “W ”

sr scum ln seminar-m m . 4-89

cases, three - four ths and more of the assets go in costs ;

that cr editor s ar e led by the ex pectation of gr eat delay anda miserable dividend to accept almost any compositionoffered ; and that so the bankr uptcy -law offer s a pr emiumto roguer y ar e facts which would long since have ceasedto be facts,had citizens been mainly occupied in getting anefficient judicial system. If the due per formance by theState of its all- e ssential functionhad been the question on

which elections wer e fought, we should not see,as we now

do, that a shive r ing cottager who steals palings for

fir ewmod, or a hungry tramp who r obs an or char d, ge tspunishment in mor e than the old Hebrew measur e, while

gr eat finsncialfrauds whichr uin their thousands br ing no

punishments . Wer e the negatively‘ r egulstive function of

the Sm in inte r nal sfi'air s dominant in the thoughts of

men, within the Legislatur e and without, the r e would betole rated no such tr eatment as that sufie red lately byMessr s. Walker , of Cor nhill ; who, having been robbed of

wo r th of pr ope r ty and having spent £950in rewardsfor appr ehending thieves and pr osecuting them,

cannot getback the pr oceeds of their pr oper ty found on the thieveswho hear the costs of

'

admin iste r ing justice , while theCor por ation of London makes £940 pr ofit out of the ir loss.It is in lar ge measur e because I hold that these cr yingabuses and inefficiencies, which everywhere character isethe administration of justice, need more than any otherevils to be remedied ; and because I hold that r emedy of

them can go on only as fast as the internalfunction of theState is mor e and mo r e r estr icted to the administr atim of

justice ; that I take the view whichIhave been r e -explaining.

It is a law illustr ated by organisations of enery kind, that,{ra mpar t-foa m thm ie to be M ,

the rs mw t bespecialisation, bothof str ucture and j igsaw— specialisationwhich, of necessity, implies accompanying limitation. And,

tative government is the deve lopment of a type of govern

440 m m sex ism-ram .

mentfithd above allothers for this negativoly‘r egnlative

regulative control.“ This doctrine , that White thenegatively- r egulative con tr ol should be extended and

made bette r , the positiv ely - regulative contro l sho uld hemay proper ly be called the doctrine of Specialised Admin.

istration— if it is to be named fr om its admmastlshveaspect. I r egr et that my pr esentation of this doctr ine hasbeen suchas to lead tomisinte r pr etation . Either it is thatI have not adequate ly explained it, which, if true, sur prisesme, or else it is that the space occnpied in seeking to ahcwwhat ar e not the du ties of the Stste is so mnchgre aterthan the space occupie d in defin ing its duties, that tbeaelast make but littie impr easion. In any case , that Pr oLHuxley should have construed my view in the wayhe hasdon e , shows me that it needs fulle r exposition ; since ,hadhe put upon it the constr uction I intended,he would not, Ithink, have included it under the titlehehas used, nor

wouldhehave seen it needfulto r aise the question Ihaveendeavoured to answer.

Pom cmr r .— Since the above ar ticle was written

, a factof some significance in relation to the question of Statemanagementhas come nnder my notico There is one

depar tment, at any rate, in which the State succeeds we ll—the Post-Ofice . And this departmen t is sometimes

mstanced'

as showing'

the supenor ity"

of puhlio ovar

I am not abont to callin question the geneealsatid aotonness of our postalar r angements ; nor shall [ contendthat this br anchof State - o rganisationmow well- establfl d ,

could be replaced withadvantage . Po- ihly the type d

fix ed that a radicalchange would be injur ious. In de aIing“ M m “w w m hflmdhf '

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442 srwm xzm anm m amom

system thus commenced, would have deve lope d threwthe kingdom as iast as the ne edspr em d and the poaaibilitiallowed. So far fr om being indebted to the S tate , ”hav e r eason to believ e that, but for Stew-W u, “

one gen er ations ago l

republished in the third ser ies of my M a, Sci-5 4663,Political, and Speculative, I included, in the pre fac e to

the volume, some comments upon Pref. Hart ley's reply.

In the abseuce of this pr eface , now no louger appr opn'

ata,

the r e seems no other fit place for these oommemu thnthis. I ther efor e here append them.

On the brief rejoinder tom arguments which Pull.Huxley makes in the pr eface tohis Od tiqm md Addm ,

I mayher e say a tew wor ds. The reasona he givea for

still thinking that the name ‘Administrative Nihiliam '

fitly indicates the system which I have describe d as

‘negatively regulative,

’ar e , I think, adequately m e by

asking whether ‘Ethical Nihilism ’ would titly deacr ihothe r emnant of the decalogue , were allits positive in»

junctions omitted . If the eight commandmen ts which,substantially or literally, come under the form thou ahaknot,

’ constitute by themse lves a se t of rules which can

scarcely be called uihilistic ; I do not seehow an admin’ptrative system limited to the enfor cement of such r ulca a n

be called nihilistic : especially if to the punishment of

murder, adultery

,stealing, and false - witneca, it adds

punishment of assault, breach of contract, and all I rina

aggr essiona, down to the annoyance of ne ighbour bynuisances. Rcspccting tho eeoond and essentialqmwhethe r limitation of the intor nalfunctiona od gov crnn - t

to thoae whichar e ncgatively regulative, isW i dththat theory of the social organism and its Goalie“

sprou tin g) m mm sn os . 443

agencies held by me, I may say that the insuficiency of

my r eply has not, I think, been shown. I m tacitlyasked how the analogy lhav e drawn be tween thosegover nmental structures by which the par ts of the bodypolitic have the ir actions regulated and those nervousstr uctur es whichregulate the organic actions of the individual living body, is to be reconciled with my be lief thatsocial activities w ill in the main adjust themse lves. Myanswer was this. I r ecognized as essential the positive lyregulative functions of the State in r espect to theoffensive and defensive appliances needful for nationalse lf- pr eservation, dur ing the pr edator y phase of socialevolution ; and I not only admitted the impor tance of its

social activities, but insisted that these should be car r iedout much mor e efficien tly than now . Assuming always,howeve r , that the internal social activities continue subjectto that r estraining action of the State which consists inpr ev en ting aggr essions, dir ect and indir ect, I contendedthat the coordination of these internal social activitie sis effected by other str uctur es of a difier ent kind. Iaimed to show that my two be liefs ar e not inconsistent , bypointing ou t that in the individual or ganism, also, thosevital activities which par alle l the activities constituting

ne r vous system. Pr of. Huxley does, indeed, r emind methat r ecent r esear ches show incr easingly the influence of

organ ic life ; against which, however ,has to be set thegrowing evidence of the power ex er oised by the v isoer al

the influencehe names (which, indeed, cor r esponds to thatgov ernmw tal infinence I r egsrd as nseessar y) ; I thinkthe consistency of my positions is maintainableas it is manifest that the viscera, undsr the control

8m m ADM !“

own ner vous system, can car ry on the vitalactions whenthe contr ol of the cer ebro- spinalsystem is sub stantinlly

ar r ested b y sleep, or by sumsthetics, or by othe r causes of

insensibility ; and while it is shown that a consider abledegr ee of coor dination may exist among the or gans of a

cr eatur e whichhas no ner vous system at all.”

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446 r ue: ru mor no com es.

our OWE

they ar e

coming fr om “the par adise of women,

” Ame rica. Acen tury ago, when scar cely a man could be found who w e

not occasionally intox icated, and when inability to take on.or two bottles of wine bmugbt contemphuo ngitation am

against the vice of drunkenness ; bu t now thag in the moffifty years, the voluntary efior ts of tempe rance societies,

sobr ie ty, ther e ar e vocife r ous demands for laws to preventthe r u inous efiects of the liquor tr afic Similarly again

classes, and the suggestion that the r udiments of culmshouldr idiculed ; but when, in the days of our grlndhthw thSunday - school system, initiated by a few philm thmpisg,began tc spr ead and was followed by newday

- schools, with the result that among the masses tha n

who could r ead and wr ite wer e no longer the et ccpfiou ,

and the demsnd ior cheap literature rnpidly incxu d ,

the re begsn the cry that the people wm pe r ishing torhekof knowledge , and that the State must not siMply edmthem but must fome education upou them.

r ustics lived on barhey b r esd, rye br cud, and ootlnoal, don

to cur own time wheu the ccnsumption of white mbn ad is univm sF -fiom the days when ecu - e mm ching to the knm lclt the leglhum dm to ths pm s

r aon m eson r o saunt er . 447

day when labour ing people, like the ir employer s, have thewhole body cover ed, by two or more layers of clothingfr om the old er a of single - r oom huts without chimneys,or fr om the 15th centur y when even an or dinary gen tleman ’

s house was commonly without wainscot or plaster on

its walls, down to the pr esen t century when ever y cottagehas mor e r ooms than one and the hcuses of ar tiz ans

usually have several, while allhave fir e - places, chimneys,and glazed windows, accompaniedmostly by paper - hangingsand pain ted door s ; the r e has been, I say, a conspicuouspr ogr ess in the condition of the people . And this progr ess

who can look back BOyear s,when the amoun t of psupe r ismwas tar gr eater thau now and b eggar s abundant, is str uck

by the compar ative sit e and fin ish cf the newhousesoccupied by oper atives— by the be tter dr ess of wor kmen,

who wear broad- cloth on Sundays, and that of serr vant girls,who vie withtheir mistr esses— by the higher stsndard

of living whichleads to a gr eat demsnd for the best

cbw ge tohigher wages and chewaper commodificg and adis

tr ib ution of tax es whichhas r elie ved the lcwer clam at

the ex pense of the upper classes. H e is etmh, toc, by the

occupmd in public attention,and the large space it now

plans tc

thr opic effor t. Yet while elevatiou ,mentaland physical, ofwhile the lower ing cf the death- r ate prcves that the aver

cry that the evils ar e so great that nothing shor t cfa soml

ments, jciaed withths t incr ease of longevity whichevenaloue yields

'

conclusive'

pmof of gener alamehcr ation,°

it is

448 n on m eccn r o scsnaos.

hsd that society must be pulled tc pieces and N - o rgnm ed

cases instanced, in pr oporta°

on as the evil de cr e ases thedenunciation of it iucr eases ; and as fast as natn ralcsssss

ar e shown to be power fulthe r e gr ows up the b elid that

Not that the evils to be r emedied sr e small. Lst no om

suppose that, by emphasising the abowe pau dox , lwishtomake light of the sufl

'

m'ings which most men hm to bu t.

The fates oi the gr eat major ityhave eve r beem tmd douhtless stillare , so sad that it is psinfulto think of thsm.

one whichnone who care fcr their kind can coutemphte

accompanying this type ar e far from be ing adm irable .

The strong divisions of rank end the immense inequalifiesoi means, ar e at var iauce withthat idealofhum u r ehtic~on whichthe sympathe tic imagination likes to dwell; andthe average conduct, under the pr essur e and excitementof sociallife as at pr esent car r ied onfis in sundrymrepulsive. Though the many who revile competingstrange ly ignore the enormous bouefits r esulting fiscal itthough they forge t thatmost of the appliances and productsdistinguishing civilisation fr om savager y, and making

possible the maintenauce of a lar ge pcpulatiom on a nu ll

as consumer ,he is immeusely sdvautsgedhy the chetp niqof allhe has to buy— thoughthey pe r sist iu dwelliog oa

the evils ofcompetition and saying nothing cf its ba r- 6h;yet ithnotmhe dw ied that ths w ihm gr u t nnd hos-ms large

'

set-ofl fr cm the bencfits. Ths systom unde r whichwe at pr sssut livs fostm dishoucsty and lying. lt pm yt.

adulter stions cf ccuntleu kinds ; it is answer able tor tho

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450 m u n m ox r o sosum

pr omptshim ; aud ther e,he is pr ompted by the dght of thsslave - dr ive r ’s lash. H is immadiate dread m y be thepunishment which physical circumstancm will inflict. er

may be punishmen t inflicted by human agency. He must

have a maste r ; but the maste r may be Natur e o r msyhs sfe llow man.Whenhe is under the imperw nalcoeacion d

Natm we say thsthe isfi'

ee ; and whenhe is n dc thpe r sonalcoe r cion of some one ahove him, we osllhiaccording to the degr ee ofhis dependence , a slav e, a aert,

or a vassal. Of cour se I omit the small minor ity whoinher it means : an incidental. and not a necessary, M l

element. I speak onlo the vast major ity, bothcnltnu dand uncultu r ed, who maintain themselves by labour ,wor mental, and must either ex er t themselves of the ir- munconstr aiuedwills,prompted ouly by thoughts of uatnn lly~

resulting evils or b eu efits, or must exert themselm withconstrained willsmr ompted by thoughts of evils sndmar tificially r esulting.

Men may work ,

together in a society under eithe r clthese two forms of coutrol: forms which, thoughin m ny

cooper ation iu its wide sense , and uot iu that re strictedsense now commonly give n to it

,we may say that social

life mu st be car ried on by eithe r voluntary codvpers tim or

compulsory coope ration ; or , to use Sir He nry Maine ’swords, the system must be thst of m traet or that olstatu- that in which the individual is left to doWha the a n

by his spontaneous eflor ts and ge t sacosu or fails“

according tohis eflicieucy, and that in whichhohu hisappointed place , wor ks under coercive r ule , and hn hi.appor tioned shar e of food, clothing, and she lter.The system of voluntary oudgou tiou is that by M

in civilised socie ties, industry is now “w hen. m a id

Unde r a simple fom wehave it ou everyfirm whmthehbouu mpaid by the tarmurhimselfand taking ocda‘

rm m suox'ro sosuass . 451

dir ectly fr omhim,ar e free to stay or go as they please .

And of its mor e complex form an example is yielded byeve ry manufactur ing concer n, in which, unde r par tners,come manager s and cle r ks, and under these , time oke eper s

and over -locker s, and under these oper atives of diffe r en tgrades . In each of these cases the r e is an obv ious wor kingtogether , or cooperation, of employer and employed, toobtain iu the oue case a cr op aud in the other case a manu

factored stock. And then, at the same time , there is a far

other wor ke r s of allgrades throughout the society. For

while these particu lar employe r s and employed ar e sever allyoccupied with their special kinds of wor k, other employer sand employed ar e making other things needed for thecar rying on of the ir lives as we ll as the lives of allother s.This voluntary cooper ation, fr om its simple st to its mostcomplex forms,has the common tr ait that those conce rnedwor k toge ther by consent. The re is no one to force termsor to tor ce acceptance . It is pe rfectly true that in many

an employer may give , or an cinployo'

may accept,

what ar e the circumstances ? In the one case ther e ar e

goods order ed, or a contr act en te red into, whichhe cannotsupply or execute without yie lding; and in the other casehesubmits to a wage less thanhe likes because othe rwisehewill have no money wherewith to pr ocur e food andwarmth.The gene ral formula is not— “ Do this, or I will make

you but it is— “ Do this, or leave your place and take

the conseqmeuces.

”

On the otherhand compulsor y cooperation is exemplifiedby an army

—not ao muchby our own army,the se r vice in

which is ander agreement for a spscified pe r iod, but in a

contin en tal army, raised by couscr ipfiou. Her e , in time of

peace , the daily duties— clean ing, parade, dr ill, sentrywor k, and the rest—sud in time of war the various actionsof the camp and the battle -field, ar e done under command,

Bl

PRO! IB IDOK TO BONDAGI .

without room for any exe r cise of choice . Up fr om thepr ivate soldie r through the non - commissioned bfice r s and

the half- doz e n or mor e grades of commissioned ofice r s, theunive r sal law is absolute obedience from the gr ade b e lowto the gr ade above . The aphe r e of individua l will is w eb

only as is allowed by the will of the super ior . Br eaches ofsubordination are , according to the ir gr avity, dealt with bydepr ivation of leave, extra dr ill, impr isonment, flogging,and, in the last r esort, shooting. Instead of the unde rstanding that the r e must be obedience in r espect of specifiedduties unde r pain ofdismissal ; the under standing now is

Obey in ev e rything or de r ed unde r penalty of inflictedsuffe r ing and pe rhaps deatThis form of coiipe r atiou, still e x emplified in an army,has in days gone by been the form of coope ration thr oughout the civ ilpopu lation. Eve rywhe r e, and at all times,

chr onic war gene rates a militant type of str uctur e , not in

the body of soldie r s only b ut thr oughout the commu nity at

large . Pr actically,while the conflict between socie ties is

actively going on,and fighting is r egar ded as the only

manly occupation,the society is the quiescent army and

the army the mobiliz ed society : that par t which does not

take par t in battle, composed of slaves, ser fs, women,&c.

,constituting the commissar iat. Natur ally

,the r efor e,

thr oughout the mass of infe r ior individuals constituting thecommissar iat, ther e is maintained a system of disciplineidentical in natu r e if less e laborate . Thefighting body be ing

,

unde r such conditions, the r u ling body, and the r est of thecommunity b eing incapable of r esistance, those who con tr olthe fighting body will, of cour se

,impose their contr ol upon

the non -fighting body ; and the r e'

gime of coe r cion will beapplied to it with suchmodifications only as the diffe r e ntcir cumstances involve . Pr isone r s of war become slav es.Those who we r e fr ee cu ltivator s befor e the conquest of

the ir country, become ser fs attached to the soil. Pe ttychiefs become subject to superior chiefs; these smalle r lor ds

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454 r aon m tnou r o sonmcs.

Pur chase and sale b ecame the law tor sllkinds of ser v’t n

as wellas for allkinds of commodities.

ditions of existence, per pe tually prompts the desir s to ” a

new position . Er erym s knowshow loug- eoutimn d r sst in

eveu the best easy chair , at fir st r ejoiced ia eomss afisrmauyhours intoler sbte ; and chaugs toahm~d ssnt,prs visu lyoccupied and r ejected, seems for s time to he a p s- t

by lung struggles emancipatsd itselffr om thehnr ddtsciplinsof the ancieut r e

’

gims, and hav ing discover ed that tho mWintowhichithas gmwmthoughmlatively sasyfiu wwithout str esses aud pains, its impatisuas withthese pmu ptu

the wishto try auothsr systsm: whichother systumhispr incipls if notmappear aucq the same as that whichdurh.past gensr atious was escsped trom withmuchrajoicing.

For as fast as the r égtmo of contr uct is dt hsn

'

giww of statns is of cecessity sdopted. As fuct as

voluntary coopeu tion is abandonsd compuhory cmmust be substituted. Some kind of or ganisstion labourmusthave ; m d if it is not that whichm'iseu by wnndcr fr ee competition, it must be that whichis impouedhyauthor ity. Unlike in appearunce aud names as it maghs bthe old or der of slaves and serfs, working undsr mwho wsr s w er ced by bsmua who wer s themselm n - hof dukes or kings, the new or der wished for . eomfiwudby worke r s unde r foreman of smallgmupg w erluoknd bysuper intendents, who ar s subject to higher

- localw e.

who ar e contro lled by superiors of districts, thems elv

under a ceu tr algov er nment,must be ssm tially thsin pr incipls. In the one case , as iu the other . the r u u t

be sstablishsd gu dm md enfomed submd inafiun ot sachgrade to ths grades sbovs . This is a truthwhiehé scommun ist or the socialist does not dwellupon . AW

rm rm r o aom ss. 455

with the ex istiug systcm uuder whicheachof us tsltes car eofhimself

,while allof us sac that eachhas fair play,he

thinkshow muchbette r it would be for allof us to tsks

car e of eachof us ; andhe re fr nius from thinkiug of the

is to be car ed for by all, then the embodied allmust ge t themeans— the necessar ies of life.What it gives to each mustbe taken from the accumulated contributions ; and it mustther efo r e r equir e fr om eachhis propor tion— must te ll himhow muchhehas to give to the genm'

alstock in the shapeof pr oduction, that he may have so much in the shape of

sustentatiou . Hence, betor ehe can be pr ovidedfinghe mustputhimself under order s, snd obey those who say whathe shall do, and at what hours, and wlmr e and who givehimhis share offood, clothing, and she lter . If competitionis excluded, and with it buying and se lling, there can be no

voluntar y exchange of somuch labour tor so much produce;but ther e must be appor tionment of the one to the other byappointe d office r s. This appor tionment must be enforced.Withou t alte r native the work must b e done, and withoutalter native the benefit, whatever it mayhe,must be accepted.For the worker may not leave his place at will and offe r

himself e lsewher e . Under such a systemhe cannot be

it ismsnifest that a standiug md e r would for bid employment

in onc place of an insubordinste member fr om auother plsce :the system could not be worked if the worker swer e sever afiyse r gean ts unde r them, the mptaius of indnstry must car r y

upto the councilof the conxmsudefiino chief ; and obedienoe

mu st be r equired tdi rmghout theundustr ialarmy as throughout a fighting army.

“Do your prescr ibed duties, and

as of the other .“Well, be it se;

” replies the socialist. “The we rker u

456 mos mar oon ro sem en.

m'

fl appoint their own oflim and theee willalm ahsnbject to cr iticisms of the mass they r egulatn. Bein g“in fear ofpubho opiniomthey willbe sur e to act jndioiou lyand fair ly ; or when they do nonwmbe depoeed by tlhpopular vote ,looalor general.Wher e willbe the gr ion nco

of be ing under superior s, when the super ior s themselm

are under democratic contr ol ?” And in this attr activevision the socialisthas fullbelief.

Iron and brase ar e simpler things than fleshand blood,and dead wood thm living ner ve ; and a machine con

structed of the one wor ks in mor e defin ite ways than an

organism constr ucted of the eaten— especially when themachine is worked hy the inor ganic for ceu of atenm or

wate r , while the organism is wmi ed by the for oes of livingner ve - centr es. Maniteatly, then, the ways in whichthemachine will wor k ar e much mor e readily calculable thanthe ways in whichthe or ganism willworh. Yet in howfew cases does the inventor foresee r ightly the not ions of

his new apparatuslRead the patent-list, and itwillb e £onnd

that not mor e than one de vice infifty turns out to bo of nnyservice . Plausible ashis scheme seemed to the inventor,one or other hitch prevents the intended operaM andhs-ingaout a widely difle rent r esult from that whiohhe ' inhod.What, then, shallwe say of these schemes whiohhnveto do not withdead matters and tom bnt withcou plesliving organisms working in ways lea readily form ,

and whichinvolve the cooper ation of mnlfitndea of n chorganisms ? Even the units ont ot

’

whichthiswbody politio is to be formed ar e often incompr ohendhh.Eve ryone is fr om time to timo snfpr iaod byothen ’

bobnfione,and even by tho deeds of mistivu who ar e best known »him. See ing, then ,how unce r tainly anyone can fom ehactions of an individunl,how oanhe withany ce r tainty fonsee the operation of a socialstr uctur e ? Hopmoeedn on fis

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numerous individual accessions andfinaldissolution . And

for the failur e of such social schemes, as for the failur e of

the political schemes, ther ehas been one gene ralcause.

Me tamor phosis is the univer sallaw, ex emplified thr oughout the H eavens and on the Ear th : especially thr oughoutthe or gan ic wor ld ; and above allin the an imal divisionof it. No cr eatu r e , save the simplest and most minute ,commences its e x istence in a for m like that whichiteventually assumes ; and in most cases the un liken ess is

gr eat— so gr eat that kinship between the fir st and the last

forms would be incredible wer e it not daily demonstratedin eve ry poultry- yar d and eve ry garden . Mor e than thisis tr ue . The changes ofform ar e often several each of thembe ing an appar ently complete tr ansformation - egg, lar va,pupa, image , for e x ample . And this univer sal me tamor

phosis, displayed alike in the deve lopment of a planet andof ev e r y seed which ge rminates on its surface , holds also of

societies, whethe r taken as wholes or in the ir separateinstitutions. N0 one of them ends as it begins ; and the difie ronce between its or iginal str uctur e and its ultimate str uctu r eis such that

, at the outset, change of the one into the othe rwould have seemed incr edible . In the r udest tr ibe thechief, obeyed as leade r in war , loseshis distinctive positionwhen thefighting is ove r ; and even whe r e continued war far ehas p roduced pe rmanent chieftainship, the chief

,bu ilding

his ownhut, gettinghis own food, makinghis own imple

ments, difier s fr om othe r s only byhis pr edominant influence .

The r e is no sign that in cour se of time , by conquests and

unions of tr ibes, and consolidations of cluste r s so formedwithothe r suchcluste r s, until a nationhas been pr oduced,the r e will or iginate fr om the pr imitive chief, one who, as czaror empe r or , su r r oundedwith pomp and cer emony,hasdespoticpowe r ove r scor e s ofmillions, e x e r cised through hundr eds of

thousands of soldie r s and hundr eds of thousands of oficials.When the ear ly Chr istian missionar ies, having humble

n on mu ses r e m ai ns. 459

Europe , pr eaching for giveness of injur ies and the re tur ningofgood for enl no one dr eamt that in cmir se of time the ir

ever ywhere 8. lar ge part of the land, distinguished by the

military bishops who led the ir r etaine r s to battle , and

headed by a pope exe r cising supr eme power over kings .

So, too,has it been with that very industr ial system whichmany ar e now so eager to replace . In its or iginal formthe r e was no pr ophecy of the factory - system or kindr edorganisations of wor ke r s. Diffe r ing fr om them on ly as

be ing the head ofhis house , the master worked along withhis appr entices and a jour neyman or two, shar ing withthem his mbla and accommodation, and himse lf sellingthe ir joint produce . On ly with industr ial gr owth did the recome employmen t of a large r number of assistants, and a

r e l in quishment, on the par t of the maste r , of allothe rbusiness than that of supe r in tendence . And only in thecourse of recent times did ther e evolve the or ganizationsunder which the labour s of hundr eds and thousands ofmen

rece iving wages, ar e r egulate d by var ious or der s of paidofiicials unde r a single or multiple head . These or iginallysmall

, semi- socialistic, groups of producers, like the com

dissolved because they could not hold their gr ound : thelarger establishments, with be tter sub - division of labou r ,succeeded because they min istere d to the wan ts of socie tymor e sfiectually. But we nee d not gohuhthrough thesu tur ies to trace tr ansformations sufficiently great andunex pec . On the day when a year in aid of

education was voted as an expe r iment, the name of idiotwould have been given to an opponen t who pr ophesiedthat in 50year s the snm spent throughimper ial tax es and

localrates wonldamoun t M IOfiOOflOOor who said that thsaid to education wonld be followed by aids to feeding and

460 m m m m sonmos.

or who said that par ents and childm , alih

looking a germ would have so quicklr evnlved this tym

n ical system, tamely submitte d to by people who fancythemse lves fr ee .

Thus in social ar rangements, as in allothe r things.change is inevitable . It is foolish to suppose that newinstitutions set up, will long retainthem by those whowill be transformed

deviser s. And what, in the case befor s na, will b a thsme tamorphosis ? The answer pointed to by instances ahe vsgive n, and war r anted by var ious analogies,hmanife st.A car dinal trait in all advancing or ganisation is the

development of the r egulative appar atus. If tb s p- fl s uf

a whole are to act

which the ir actionswhole is large and complex, andhas many requir ementto be met by many

individual organisms needsthus with social organismslative apparatus such as in

car rying on national defence and main tain ing publicWand personal safety, ther e must, under the rfiyifl of

allkinds of pr oduction and distr ibution, and everywhe reapportioning the shar es of pr oducts of eachkind seq“for ewhlocahty, eachworking establishment sachw

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462 n ox n m ox r o som

of this immense consolidated r egulative lp tem ar e tohe

willbe the position of ths aotuslworke rsl Alr eady cm th

eb bomte and mer cin thanhm thm m ohmfio mplaints of the tyranny of bur eaucmcier —WWand

not only the mor e public actiont of citiseus am oonh'eflsd,b ut ther e is added this far moss ex tensiv e oontr ol of

all their r espective da ily duties ? What will lu ppa

when the var ious divisions of this vast army of oficiah,of the r egulator s eerm those ot the r egulated—havoat their command whatever fon e is needfnl to anppr

insnbor dination and act as“m iour s of soctsty

”‘f Wher ewill be the actual diggers and miners and m ohaand weaver s, when those who ordsr and se pta-intend.

some gene rations, to in ter - marry with those of kindre dgrades, under fee l ings such as ar e opar ative in Gain ingclasses ; and when the r ehavs been soprodncod a oer iaa ef

castes r ising in superiority ; and whcn allM il- r igev erything in their own powsr ,have am ged modea d

living for their own advantage : eventually torming a new

the old ? How will the individualm ku tau ifho iadissatisfied with his treatment—thinks that he has m t

an adequate shar e oi the pr odncta, or has mon to do

than cau r ightly be demandsd, or wishss to u da tnha funetion for whichhe feelshimself flttod bnt whiehhnot thought pmpsr for him byhhsupsda g or dufiu h

unit in the immense machine willbe toldhe m u bmit

e r go. The mildu t penalty for disobedisuos wifl ba indnstrialex commnnication. M dfim mta u fiwd omoflabour ia fom ed as pr opoad , ex clusion in ono oonnq

rm WI TO M AG] .

tion fl mem star vfiion .

not by deduotion only, nor only by indue tion fr om those

consider ation of the analogies furnished by or gan isms of

allorder s ; but it is r eached also by obse r vation of casesdaily under our eyea. The trnththat the regulative

str uctur e always tends to incr ease in powafis illustr atedby ev ery ewablished body of men . The histor y of esehlear ned socisty, or society fer other purpose, showshow

proceedings and determines the actions of the society with

disappr ov e : the r epnguance to anything like a r svolntiom y

step being or dinar ily an efficient deter r ent. So is it with

Ths plans of a board of d imctor s ar e nasally anthm-iz ed

withlittle or no discussion ; and if ther e is any considm bls

numbe r of proxies sent by those who always suppor t theex isting administr ation . OnlywhenthemisconductfieI G-m e

does the resistance of shar eholder s snfiee to displaee the

“ heart—the tr ades-canines. In these, too, the r egulatiVe

agency b eeemss allpowerful. Their membm evenWhe nmthmitiu theyhnve w t upa As tlwy cannot seoede withont

complaintsef“wir e¢pallers

”and “ bosses”and “pm ent

afieis‘ Is .

” It, momma mpeemacy n i the r egulators is

464 rm r au non ro sosm u.

ofasser ting their independence,what will the w d

the r egulators become in longo established bodie s, tn bodieswhich have boom s vast andhighly or ganinod, and an bodiswhich, instead of controlling on ly a small part of the man'slife, control the whole ofhis life ?

Again ther e willcome the r ejoindesb“We shallgn u!

against allthat. Everybody willbe educated ; and al izhtheir eyes constantly open to the abuse of powe r , willhequick to pr ev ent it.

” The wor thof these expeotations we uld

be smallev e n could we not identify the causes whichwill br ing disappointmen t ; for in human affairs the mostpr omising schemes go wr ong in ways whichno una n tici

pated . Bnt in this case the ge ing wr ongwillbe ooceaaitatsdby causes which ar e ccnspicuous. The working uf inc ite .tions is dete rmined by men ’

s char acters ; and thedefects in their character s willinemtably br ing abou t ther esults above indicated. Ther e is no adequate endow»

ment of those sentiments required to pre vent the growthofa despotic bur eaucr acy.Wer e it needfulto dwellon indireot ev idM Inuchmightbe made of that fu r nished by the behaviour ef tb e oo-calledLiberal party— a par ty which, r ehnquiahmg the ofigwconception of a leader as a mouthpiece tor a known aad

accepted policy, thinks itsellbound to accept apolicy whichits leade r spr ings upon it without consent “ warning—apar ty so utterly without the feeling aud idsa implied byliber alism, ” not to resent this trampling on the r ight dpr ivate judgmen t, which eonstitutes the root of liberalism

membe r s who r efuse to sur render thoir independm l

withont occupying space withindir eet proots that tho mofmenhave not the natnr es reqnir ed to oheckthement of tyr annicalofichfim it willaufiee to coutm phh

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466 rm m r oou r e m m

to,hut none m o these belonging to their hddy shnfl heemployed— nny, in some m es, thm shnllb e n str ike if tho

regsrd to the r ights of thoee who ar e tohe ooe roed. So

mem'

tensnoe of these r ights is r egu rded u m eiom'

n il

outsider shy unionista is psr elleled enlyhy thcw tulijm

tr eat r ecelcitr sntmemhers oftheirhodywho

m m m wm um m m m m a w m

w m n m a m a m m mw h“n m nnimht to vhon v ork b doniod bym uhu fi Mmm wm u sm m m m m m u fln d tho individmlvod u mufl buyl

n on m ason r o cosmos. 467

The traits thus shown must be oper ative in any new

social organization, and the question to be asked is—Whatwill r esult fr om their ope ration when they ar e r e lievedfr om allr estr ain ts l’ At pr esent the separ ate bodies ofmendisplaying them ar e in the midst of a society partiallypassive, partially antagon istic ar e subject to the criticismsand r eprobations of an independen t pr ess ; and ar e underthe contr ol of law, enfor ced by police . If in these circumstances these bodies habitually take cour ses which over~

r ide individual freedom,what will happen when, instead of

be ing only scatte red parts of the community, gove r ned bytheir separate sets of r egulato r s, they constitute the wholecommunity, gover ned by a consolidated system of suchregulator s ; when functionar ies of allorder s, including thosewho emeer the press, form par ts of the regulative organisation ; and when the law is both enacted and administeredby this regulative or ganization ? The fanatical adher entsof a social theor y are capable of taking any measur es, nomatterhow extreme, for car rying out the ir views holding,like the mer ciless priesthoods of past times, that the end

justifies the means. And when a gener al socialistic organiz ation has been established, the vast, ramified, and con

without check whatever coercion seems to them needful inthe interests of the system (which willpractically becomethe ir own interests) will have no hesitation in imposingthe ir r igorous r ule over the entir e lives of the aotual

wor ker s ; until, eventually, there is deve loped an omcialoligar chy, with its var ious grades, exe rcising a tyrannymor egigantic andmore terrible than anywhich the wor ldhas seeu.

Let me again r epudiate an erroneous infm-ence. Anyone who supposes that the for egoing argummt impliesconten tt with things as they ar e

,makes a profound

mistake . The p r esent social state is transitional, as pastsocial states have been trans itional. There will, I hope

468 m u rm nox ro eosmas.

withits mailed barons and defenceless ae rfs. Ia Sca d’

Stafios, as wellas in fl e Study qf80ciology snd inW

modification ofhuman uatur e by the tb'

wipline of soé nl

life, can produce pe rmanently advantageous changes .

A fundamentalerror pe r vading the thinking of nearlyall par ties, political and social

,is that evila “knit d

questionably be cur ed by enform’

ng this meu m ” Eve r y»

causes which intensify the evils ; it is possible toone form into another ; and it is po- ihlg and

ver y common, to exacer bate the evils hy the M e a dow

sible . In the

and long- continued pains have to he passed thr ouglrafire -moulding the one into the other. Miseryhu m r ilyto be bor ne by a conotitutiou out ofharmony withits cua.

ditions ; and s constitution inher ited fmm paimitivs men in

me n. Hence it is impou ible to estshlishior thwitha su in

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n on DBIEDOI TO som e ) .

of their ends. Under that compu lsory coope ration whichsocialism wou ld necessitate, the r egulator s, pur su ing theirpe r sonal inte r ests with no less selfishness, cou ld not be

met by the combined r esistance of fr ee worke r s and theirpower , unchecked as now by r efusals to work save on

pr escr ibed te rms, would grow and ramify and con solidatetill it became ir r esistible . The u ltimate r esu lt

, as I havebefor e pointed out, must b e a society like that of ancientPer u, dr eadful to contemplate, in which the mass of thepeople, elabor ate ly r egimented in gr oups of 10

, 50, 100,500, and 1000, r uled by officer s of cor r espon ding gr ades,and tied to their distr icts, wer e super intended in theirpr ivate lives as well as in their industr ies, and toiledhopelessly for the suppor t ofthe gover nmental organ iz ation.

THEAMERICANS

A Cosvsssu xos . sso A Season, mm m Aontr tos.

[Or iginally published in Amer ica and afterwar ds published in

England in The Contempor ar y Re viewfor January 1883,pr ecededby the firllowing editor ial note The state of M r . Spence r

’

s

healthunfor tunately not permittinghim to give in the form ofar ticles the r esults ofhis obse r vations on American society, it is

thought useful to r eproduce, u nderhis own r evision and withsomeadditionalr emar ks, whathehas said on the subj ect ; especially as

the accounts of it whichhave appear ed in this coun try ar e imper

fact r epor ts of the conversation having been abr idged, and thespeechbeing known only by telegr aphic summary .

The earlie r par agr aphs of the conver sation, whichr efer to Mr .

Spencer’

s per sistent ex clusion of r epor ter s andhis obj ections to theinter viewing system, ar e omitted, as nother e concer ning the r eader .

Ther e was no eventualyielding, ashas been supposed. It was not

to a newspaper- r epor ter that the opinions whichfollow wer e os

pr ecsed, but to an intimate Amer ican fr iend the pr imary purposebeing to cor r ect the manymisstatements towhichthe se cluded inter

viewer shad given cu r r ency and the occasion beingtakenfor givingutter ance to impr essions of Amer ican afair s.

”—ED.]

I. —A Cox vsasu xos : October 20, 1882.

Has what youhave seen answe r ed your ex pectations ?Ithas far ex ceeded them. Such books about Amer ica

as Ihad looked intohad given me no adequate idea of

the immense deve lopments of mater ial civ ilization which

472 r an u n ion s.

Ihave eve rywher e found. The ex tent, wealth, and magnifie ence of you r cities, and especially the splendour of

New York, have altoge the r astonished me . Though Ihavenot visited the wonde r of the West, Chicago, y e t some of

you r minor moder n places, such as Clev eland,have suficiently amazed me by the r esults ofone gene r ation ’

s activity.

Occasionally, when I have been in places of some ten

thousand inhabitants wher e the te lephone is in gener aluse , I have fe lt somewhat ashamed of ou r own un en te rpr ising towns, many ofwhich, offifty thousand inhab itantsand mor e, make no use of it.I suppose you r ecognize in these r esults the gr eat

benefits offr e e institutions?Ah l Now comes one of the inconveniences of inte r view

ing. I have been in the country less than two mon ths,

have se en b ut a r e lative ly small par t of it, and bu t com

parativ ely few people , and yet you wish fr om me a defin iteopinion on a difficult question .

Pe rhaps you will answe r , subject to the qualification thatyou ar e but giv ing your fir st impr essions ?We ll, with that unde r standing, I may r eply that though

the fr ee institutions have be en par tly the cause , I thinkthey have not been the chief cause . In the fir st place

,the

Ame r ican people have come into possession of an nu

par alle led for tune— the mine r al wealth and the vast tr actsof v irgin soil pr oducing abundantly with small cost of

cu ltu r e . Manifestly, that alone goes a long way towar dspr oducing this enormous pr ospe r ity. Then they have pr efited by inher iting allthe ar ts

,appliances, and methods

,

dev e loped by olde r societies, while leav ing behind theob str uctions e x isting in them. They hav e been able to

pick and choose fr om the pr oducts of allpast ex pe r ience ,appr opr iating the good and r ejecting the bad. Then

,

b esides these favou r s of for tune,ther e ar e factor s pr ope r

to themselv es. I pe r ceive in Ame r ican faces gene r al ly a

gr eat amount of dete rmination— a kind of “ do or die

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474

freedom; but, so far as I can gsthe r , the r e hu b ou a

r ule you do not do it by means of r etainm m od wifiswor ds ; but they do it thr euglr r egiments o f men am d

that eachofyour citinem r otos for the mndidaw lw ohmfm tb is or that ofioq fr om Pr esidcnt dowuwu dazyWhand is guided by an agency behind whichleavw i ihscar cely any choice. “Use your politicatpowsr u m wyou , or e lse thr ow it away,

”is the alter nafive M Goths

citizen. The politicalmachinery as it is now wo rksdyhas

go to the pollled by a “ boss.” Amer iea et emplifiu at theother end of the social scale, a change analogous

/WMwhichhas taken place under sundry despofin a. You

By no means z l imply no suchconclnsicn. M y”

ago, whsn often discussing politios withan fingliahfr b ad,and defending Republican institu tions, as I always havedons and do still, and when he ur ged against me them,

working of such institutions om herc, Ihabitually r eplied

that the Americans got the ir form of government Mahppy wddeng not by nom alpr om and that thqwod dhn mgo bw k befm thq m wgom mba mb oo happened m ma m m mm w m

m s “ carcass. 475

view; snd what l see now, comfirms me in it. Amer icais showing, ou a large r scale than ever befmmthat “paperCon stitutions ” will not wor k as they ar e intended to

wor k. The tr uth,fir st r ecogn ised by Mackintosh, that

Constitutions ar e not made but gr ow, which is partof the lar ger truth that societie s, thr oughout the ir whole

accepted, disposes of the notion that you oau work as

you hope any ar tificially- devisedIt becomes an inference

something in harmony with the natur es of the citiaens, and

evidentlyhas been so withyou. Within the forms of yourConstitution ther ehas grown up this or ganiaation ofpmfes

sionalpoliticians altoge ther uncon templated at the outset,

whichhas become in large measme the r uling power .

But will not education and the difiusion of political

No. It is easentially a question of char acter , and only ina secondar y degr ee a question of knowledge . But tes' theunive r saldelusion abou t education as a panacea for political

ev idence daily disclosed in your paper s. Ar e not the men

educated men l Andhas their education pnevented themfr om engagmg

'

newspapers ex agge rats these things ; but what am 1 to

they ar e attacking, as v icions and dange r ous, a ayetem

02

476 m i nim ums.

whichhas grown up under the natur alspen tane om workv

ing of your fr ee institutions—m ex posiug vioes whfl

educationhas pmved powerlcss to prem t?

Of cou rse, ambitions and unscr upulous men will m mthe ofiices, and education will aid them in their eel“purposes. But would not those purposes b e thwar ted , and

knowledge among the people at large fVery little. The cur rent theory is that if the youngm

tavght what is r ight, and the reasons why it is fighg thrywilldo whst is r ight when they grow np. But oousida 'ingwhat r e ligious teache r shav e been doing these M thoum d

yeara it seems to me that allhistory is sgsinst the coucle

siou, as muchas is the eouduct of these wcll- e du eu sd

citiz ens lhave mfer r ed tw and l do not m why yu

ex pect better r csults amoug the mssscs. Per sonalinter eas

will m y the men in the rauks, as they w y tha mabove them ; and the education whichfailss to soake d”

last consult public good rather than pr ivats good, willfailtomake thefir st do it. The b enefits ofpolitioalpm'ity m u

gene raland r emote, and the prcfit to eaohindifidual is oinconspicuous, that the common citineu, edm tehim as you

like, willhabitually occupyhimselfwithhis pcr r ouala& in ,

andhold it uot wor thhis while tofigbt sgainst sachahusas soon as it sppear s. Nothck cf inform fiomb ut lackxd

ce r tain moralsenfimen tfis the root of the ev il.

You meau that people hm not a suficient sen se fipublic duty ?Well, that is one way ofputting it ; but thm is a mmspecific way. Pr obably it willsnrpr in you if I - y thsAme ricanhas not, lthinlr , a sutficiently quick sense ofhfiown claims, and, at the same time, as a neeem ry eua- s

qumm not a mfiicicntly quick seuse of tho clnin s of othcu-£or the two traits ar e organically rclsted. lobes -n ththey tolerate var ious small inter tsr enoss and diet arynowhiohEnglishmen n e prons to r esiat. I nm told that fis

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478 m sugarcane .

People ar e

of man “ is dece itfu l above

r an sur nam e. 479

r equires the highest type of human nature—a typenowhere at pr esent existing.We have not gr own up to it ;nor have you .

But we thought, Mr . Spencer, you were in favour of

free government in the sense of re laxed restrain ts, and

letting men and things ve ry much alone, or what is called

That is a per sistent misunder standing of my opponents.Eve rywher e, along with the r epr obation of Gover nmentintr usion into var ious spher es whe re pr ivate activitiesshould be left to themse lves, I have contended that in itsspecial spher e, the mainten ance of equihhle r e lationsamong citizens, governmen tal action should be extendedand elaborated.To r eturn to your var ious criticisms, must I then under

stand that you think unfavourably of our future ?No one can form anything mor e than vague and gene r alconclusions r especting you r futur e . The factor s ar e too

and inte nsities. The worldhas ne ver befor e seen socialphenomena at allcomparable with those pr esented in theUnited States. -A society spr eading over enormous tracts,while still pr eserving its political continuity, is anew thing .

This pr ogr essive incor poration of vast bodies of immigr auts

of var ious bloods,has never occur r ed on sucha seale before.

Lar ge mnpir es, composed of difier ent peeples, have, in

Then your immense plex us of railways and te legraphtends to consolidate this vast sggregate of States in a wsy

hither to kuowu. No cno can say how it is allgoing to

b ut allnations have had, and will have, the ir tr oubles.Already you have tr ienrphcd over one great tr ouble, and

m s AI BIHCANU.

may reasonab ly hope to tr iumphover others. It may, I

think,he concluded that, both because of its siz e and the

hete r ogene ity of its components, the Amer ican nation willbe a long time in evolving its ultimate form, but that itsultimate form will be high. One gr eat r esult is, I think,tole rably clear . From biological tr uths it is to b e infe r r edthat the eventual mix tu r e of the allied var ietie s of theAryan race forming the popu lation, will pr oduce a fine rtype ofman thanhas hithe r to existed ; and a type of man

mor e plastic, mor e adaptable , mor e capable of unde rgoingthe modifications needful for complete sociallife . I thinkthat whate ve r difficulties they may have to surmount, and

whate ve r tr ibulations they may have to pass thr ough, theAme r icans may reasonab ly look forward to a time whenthey willhave pr oduced a civiliz ation gr ande r than any theworldhas known .

II.— A Senses

Deliver ed on the or casiun of a. Complimentar y Dinner in

New Yor k, on November 9, 1882.

Mr . Pre sident and Gentlemen — Along with you r kindness the r e comes to me a gr eat unkindness fr om Fate for

,

now that, above alltimes in my life, I need full commandof what powe r s of speech I posse ss, disturbed health so

thr eatens to inter fer e with them that I fear I shall ve ryinadequate ly expr ess myself. Any failu re in my r e sponse

you must please ascr ibe, in par t at least, to a gr eatly disorde r ed ne r vous system. Regar ding you as r epr esentingAme r icans at large, I feel that the occasion is one on whichar r ear s of thanks ar e due . I ought to begin with the time,some two- and- twenty year s ago, when my highly valuedfr iend Pr ofessor Youmans, making eflor ts to diffuse mybooks he r e , inte r ested on the ir behalf the Messr s. Apple ton

,

who have eve r tr eatedme so honou rably and so handsome ly ;and I ought to detail fr om that timc onward the var ious

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482 m an sion s.

y for a time 3 but his ene rg is -pnn oé c.

Monotonous daily toilis impossihls tohim. It is othsr v in

social life

_Q r

w an..J i

Q

9 m m 1. 1Q3

. a: r, f 5: Q

M fing or some a H u e- o“m pt,What I have m

m otion. Everywhere Inumber of faces which told in p fi1iis§tifi=thathad to be bor ne . Ihm i t}

orhad been pe rmanen tly w.

per iods in endeavours to recover

0m Of 5“the M t o

i

the physique is be ing undm'mmed .

and poe t whom you haveWe]?M to“

9

car s, in h isis thathe shallbe a good anim l. Tm .

f Q

M H t M ade to the

m su stai ns. 433

health . ButNatur e quie tly suppresses those who tr eat thuswor ld to be peopled by tho descendants of those who ar e

not so foolish.Beyond these immediate mischiefs the r e ar e remoter

mischiefs. Exclusive devotion to wor khas the result that

— the inte r est in b nsiness. The r emark cur r en t inEnglandthat, when the Amer ican tr avels, his aim is to do thegreate st amount of sight- seeing in the shor test time, 1 findcur r enther e also z it is r ecognised that the satisfaction of

getting on devour s near ly allother satisfactions. When

I lear ned fr om the landlord ofthehotelthatmost Amer icanscome one day and go away the nezx t. Old Fr oissar t, whosaid of theEnglishofhis day that “ they take their pleasu r essadly afte r their fashion ,

”would doubtless,“he lived now,

say of the Amsr icans that they taks their pleasur eshur r iedly after the ir fashion. In lar ge measur e with us,

and stillmor e withyom ther e is not that absndonment tothe momen t whichis r equisite for fnllenjoymsnt ; and thisabandonment is pr evented by the eve r - p r esent sense of

physical mischief caused by ove r wor k, the r e is the further

be in the leisur e part oflife.Nor do the sv ils end he r e . Ther e is the injury to

entailon them far mor e of ill thsn gr eat for tunes yield

them of good.When lifehas been dnly rstionaliz ed by

thehody is impemtivs 3 not ouly out of r egard for pm-soual

stituuon'

willhe consider ed°

as an entailed’

estate, whichhe

484 ms u n it-mo.

dete r from this ~ra in wor k.

moder n civilised socie ties ; especially in N a

ofe x istcnw .

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486 m u rmu r s.

pur chase satisfactions. But it is less cominonly sssn thatthe like is true of the work by whichtho mon eyfiucu

mulated— that industr y too, bodily or mental, is but a

meaus ; and thst it is as ir ratioual to pur sn e it to thoexclusion of that complete living it subse rves,” it is forfismiser to acoumulate money and make no uae of it. Ha s

afte r ,when this age of actiwe matsr ialpr ogr esshns yielddmankind its benefits, ther e will, l think, oomo a b efl sr

adjustment oflabour and en joymen t. Among mu cus (orthinking this, ther e is the r eason that ths pr oceas olevollo

tion throughout the organic wofld at lar ge , br ings an

incr easing sur plus of energies that ar e not ab sor bed in

fulfilling matsr islneeds, and points to a stilllurgs r our phsfor thehumanity ofthe futur e . And the re ar e othu m s,

whichI must pass over . In br iefilmay say that we hmhad somewhat too much of “ the gospel of work.” It istime to pr eachthe gospelof re laxation .

This is a very unconventional after- dinne r speech.Especially it will be thought strange that inthanks I should deliver some thing ve rymuchlike . homily.But I have thought I could not better conv ey my thanksthan by ths e x pr ession ofa sympathyWhichissuss in a fnn .

If, as I gather, this intempe rauce in work nfie cts mor e

especial ly the Anglo- American part of the population -4 !

the r e r eszults an undermining of the physique, not onlyhadults, but also in the young, wbo, ss llear n fi'om yourdaily jour nals, ar e also be ing injur ed by ovm or b —ii theultimate consequence should be a dwindlin

'

g m y cl the.

best adaptsd to them , then ther s willcoms a hr thurdifficulty in the working out of that grsat futm's whichliubefor e the Amer ican nation. To my snx iety on on.

account you must please u cr ibs the unusuald t u otc o!

my r smarks.

And uow lmust bid you iar swell.Wheu lsailby tbsM u m b l shall bw withm m

m se rmon s. 487

remembrances of my inte rcou rse with many Ame ricansjoined with r egr ets that my state of healthhas prevented,me from see ing a larger numbe r .

Posr scswr .— A few words mayfitly b e added respecting

the causes of this ove r - activity in Amer ican life—c auseswhich may be identified as having in r ecent times par tiallyoper ated among our selves, and as having wrought kindr ed,though less mar ked, enceta. It is the more wor th while totrace the genesis of this undue absor ption of the ener giesin wor k, since it well serves to illustrate the gener al tr uthwhich should be ever pr esent to all legislators and politicians, that the indirect and unfor eseen results of any causeafiecting a society ar e fr equently, if not habitually, gr eaterand mor e impor tant than the dir ect and for eseen results.

This high pr essu r e under which Ame r icans exist, and

which is most in ten se in places like Chicago, whe re theprosperity and rate of growth ar e gr eatest

,is seen bymany

inte lligent Ame r icans themse lves to be an indir ect r esu lt ofthe ir fr ee institu tions and the absence of those classdistinction s and r estr aints existing in older communities.

A socie ty in which the man who dies a millionair e is so

often one who commenced life in poverty,and in which (to

paraphrase a Fr ench saying cow er ning the soldier ) everynews- boy carries a pr esident’s seal in his bag, is, byconsequence , a society in which allar e subject to a stress ofcompetition for wealth and honour , gr eate r than can existin a society whose membe r s ar e near ly allpr e vented fr omr ising out of the r anks in which they wer e bor n, and havebut r emote possibilities of acquir ing fortunes. In thoseEuropean societies which have in gr eat measure pr e ser vedtheir old types of str uctur e (as in our own society up to thstime when the great deve lopment of industr ialism began toopen ever-multiplying car ee r s for the producing and distr ibuting classes) ther e is so little chance of ove r coming theobstacles to any gr eat r ise in position or possessions, that

488 m At r ium

little or no thoughtoi better ing themselvm. A malia- stou

prising ; aud stillmor e is it otherwiss whe re w

occupied in wor k, b ut the le isure comes to b e hunchedupon, e ither lite r ally by abr idgment, or m hy m en

conce rning business. Clearly, the larger the number who,under such conditions, acquire property, or Mpositions, or both, the sharper is the spur to the reon. A

of public applause, incr easesaction. The str uggle grows more and mor e M oon;

and ther e comes an incr easing dread of fnilnr s—e a dr u d dbeing “ left,

”as the Americans say : a signifim tsm u d.

the Englishof a century ago, we may ses

sider-able measure, the like causes have

Even thoso who sr s uot

intensified struggls for wsalthandhenonr , ar s indin @pspur r ed on by it. Por one of its elfects ia to m

rats of sxpenditur e tor all. Par tly for pcr sonalcnjom

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490 r s : sm ear s.

for pr ofit and honour, conduces gm tly to mate rial“of the society—develops tbe indnstr id am m ds aad

b ut that it r sises the value of individnallife , as meam od

hy the ave rage state of its feeling. by no moann follmThat it willdo so eventually, is certain ; but that it doaso now seems, to say the least, very doubtful.The tr uthis that a society and its membm aot u d

r eact in snchwise that while, on the oaahand, tho mhnof ths society is determiaed by the natures of itc memb or o;on the other hand, the activities of its members (sadpr esently their natur es)of the society, as thesechange in the other.

membe r s as to tu r n them to its ends. That whichhmanifest dur ing the mflitant stan he u tho socialam

sacr ifices many of their lives for its cor porato pr eservationholds under another form dur ing ths industr ifl M u wo

at pr esent know it. Thoughths oo-opsn tim of cifiwis now voluntary instead ofcommlsor y ; yst ths socialfor uuimpelthem to achie r e socialendswhile apparoutly aohiovhgtion, thinks only of pr ivate welfar e to be tbe rohymis in far larger measnr e workingfor publicwemu : humthocontr ast between the for tunemads byWattand thswo- lthwhichthe steam—snglnehas given to mankind. He whoutiliz es a new matsr ial, impr oves a method cf pmdnofinn;

m sm rcu s. 49 1

for himself little compar ed withthat whiehhe gains forthe community by facilitating the lives of all. Eithe runknowingly or in spite of themselveg l

‘latur e leads men by

pur ely per sonalmotivesmfulfilher ends : Natur e being one

ofour ex pr essions for the Ultimate Cause of things, and theend, r emote when not pr oximate, be ing the highest form of

human life .

Hence no argume nthowev er cogent, csn b e expected to

produce much efiect : onlyher e and ther e one may be

influenced. As in an actively mflitant stage of society it is

mate r ial growthis going on, and aflb rds unlimited scopefor the ene r gies of all, little can be dome by insisting thatlifehaahighe r uses than wor k and accumulation. Whileamong the most pcwer fulof feelings continue to be thewhfle the anx iety to whiiev e distmctiomnow by conque r ing

— while the fear cfpublic r emobation afiects men mor e thanthe fear of divine veugeance (as witness the long sar vival

ofduelling in Ohr istian societies) ; this ex cess ofworkwhichambition prompts, seems likely to continue with but small

qualifimtion. The eager ness for the honou r accorded to

success,fir st in war and then in commer ce,has been indispensable as a means to peOpling the Ear thwiththehighe rtypes ofmamand the subjugation ofits sur face and its for ces

tohuman use. Ambition mayfitly come to bear a smalle r

infirmity of noble mind will in the distant future slowly

492 m a larm s.

decr ease. As the spher e for achievement b ecomes smaller ,the desir e for applause will lose that pr edominance whichitnowhas. A better idealof life may simultaneou sly come to

pr evail. When ther e is fully r ecogniz ed the tr uththatmor albeauty is higher than intellectualpowe r — when thewish to b e admir ed is in large measu r e r eplaced by the wishto be loved ; that str ife for distinction whichthe pr esentphase of civiliz ation shows us will be gr eatly mode rated.

Along with other benefits may then come a r ational pr opor .tioning ofwor k and r elaxation ; and the r e lativ e claims of

to day and to -mor r owmay be pr oper ly

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494

1. 809 - 30; lndistinguiahabla fromplants. 1. 375 - 6 ; function. 1. 892 -3 ;

grace fulncss. II. 381. 385 ; musculare x citement. 11. 400. 403.

J amaican integration.1.67 - 71 ; divisionof labour . I. 287 - 8 ; nervous sy- tem.

I. 300 ; controlling system. 111. 407 .

Anthropology. comparative psychologyofman, 1. 351 - 70.

Antipodes. belief in. 11. 199.

Anti- realism. H . Snlgaick'

s cr iticism,

II. 242 - 50.

Aphis. development. 1. 65 - 6.Apople x y : belie f in spirits. I. 31 1 - 2

hear t disease . I. 41 1 .

Apple ton. D. Co. as publishers. III.480.

Appr obation.love of. 1. 86 - 7. II.421.Arago. J. D. dis tr ibution of nebula ,

I. 1 12 ; also fo rms. 1. 122. 123. 124.

Architect. the State as. 111.239.

Architecture : relation to painting and

sculpture. I. 24 ; types. 11. 375- 80sylmnctry in buildings. 11. 376 - 7G o thic type . II. 374. 877.878 ; Grecian , II. 376 . 377. 378.

Ar gyll. Duke of. cr iticism of. I. 467 - 78.

A r ithme tic. and test of necessity. 11,1943- 7 (See also Mathematics.)

Army maladministration. III. 233.247.257.308,

310. 399 parliamentaryr t'prcm

'ntutiscs. III. 297. 303. 304 ;compulso ry cc - o ration. 111, 451 - 4.

Ar r est. H . L . d’

.p anetoids, I. 174.

Ar t : r ecognition of likeness. II. 34 ;inte r dependence of the ar ts. II.68- 71 ; use and beauty in historicalpictur es. 11. 373 ; contrast in,

II, 378

4 Englishand continental. III, 480.

Ar thur . S ir G Van Dicmen‘

s Laud couv icts. III. 161 .

A r ticulata.ne r vous system. I.801.Assyr ians : language and painting. I.25 - 6 ; sculptur e , I. 26, 29.

Astronomy : evolution and incr ease in

hete rogeneity, I. 10- 1 1 . 85 ; nebularhypothesis and multiplication of

effects. I. 38- 9. 59 ;history and gener aliz ation in. I. 1 92 ; geology andear th's motion. 1. 221 - 4 ; analogyfr om su r vivalof the fitte st. I, 478 ;science and common knowledge. II.8 ; H egel

’

s classification. II. 18 ;Comte

’

s, II, 2 1 - 7 ; genesis. II. 48- 9.52. 55 ; genesis of tr igonometry. II.55 - 6 ; genesis of physical. II.59 ; in

m moss—mum

tsrdspmda ics c! animus . 11. 66 -7.70- 1 ; and abstract win ce. 11. so;and concr ete. II. 88- 92 ; ton s-tr ialevolution. 11. 84 - 9 ; deals withaggragatca. II. 99 ; Rain on classifimtiouof sciences. II. 11 1 ; also MilLII. 1 14 ;discovery of laws. II. 149 ; ovolutia i.II. 152 ; judgments of r eason andcommon sense . II. 243 - 4 ; laws of

motion. II. 27 1 - 5. 283 - 8 ; motion of

II. 298; ex act science. III.

Australia : siz e of thehuman limb. I.

gzéagc ot rocka l. 206 ; tauna. 1.

Australian. the ship.and admiralty certificate. III. 239 .

Austria.pape r cur r ency. III. 345 .

uthor ity. and intelligence. III, 311.x ioms : knowledge implied b II. 270.277 - 88 origin ofphysical. 298ml313- 4.815 - 20 ; Thomson and Tait on

physical.III, 220- 1.

Bmmrrr .M.. on nebular hypothesis. 1.121 .

Bach. J. andhe r edity, I. 407 .

Bacon. Francis. Viscount St. Alban’s

organiz ation of sciences. II. 1 21

literary style. 11 . 865 ;“ A crowd is

not company." 111. 44.

Bacter ia. action oflight. I. 465—6 .

Bae r .G. von. formula of. and generalevolution.1. 85.II. 137 - 8.

Bail. prison 111 , 180- 7 .

Baillie -Cochran ,ML ,on Munichpr ison,III. 172.

Bain.A. Emotions and theWill.I. 241 .

64 ; Mentaland MoralScience.I. 332

classification of sciences. 11. 105 - 17on logic. II. 105 6 ; mathematics. II.106 7 ; incongruities. II. 463 .

Balfour .F. M. : on invagination. I.452 ;development of ner vous system, I,454.

Ball, embryologicalanalogy. I. 452.Balloon. r eason for ascent. I. 427.Ballot, Carlyle on. 111.800.

Balz ac.H . de. quoted. II.864.

Bank notes : forgery. III. 134 ; issue,III. 349 - 50. 352. 855.

Bank of England : advance s by, III,330- 5.835 - 47 ; note issue .III. 349 - 50.

Banker s, localintegr ation . 1. 103.

Banking : morals of trade. III, 131 - 7

latter . and measur es. II 46 ; (m eleeEx change.)mafia. incr ease inheterogeneity. 1.Beats.menstrual.11. 169- 70.

“ g e l

Biluclns.iology . increase in h . I.14- 7.85 ; multiplication o! efl eots. I.46-58; concrete science. 11.deals with tea, II, 108, Bain

on classifl n. 11. 109 - 11 ; or igin

w d mm n.428; evolution, II.

lsckhorse. tbe phr sse. 11.840lachsmith.arm andher edity. I. 475.lsnhstone . Sie . pe rsons ineligible

tor psrliament.lll.296.

495

Building .

Acts : failure . III. 239 . 240- 1.Why. 111.£031 ; representative government. 111.

I. 854.

Board -meetings. railway.III. 77 -80.

Bondage. tr om freedom to. 111. 445 - 70.

Bones : evolution and ratio cl. 1. 17weightm

in duck, l. 41 7- 8;When.cfioial

r

Bricks : position of tslling. I ; and

“w a n n a;maceration. an 80W

Br itishQuar ter Review. cr iticism. II.367 -30” 315

0m . Icar ian colony. III. 457.Cabs : oflicialism.III. 250; in NewYork.III.3321

.

r epr esmtative government.111 .

a nd. Rev . Princ.. reply lc cr iticism

calculus : implies shelute et t . 11.88: clsssitleation ot eciences. 84 ;

Cambium in planmLfiO.

Wm althfimm

obsisanoes.lll. 17-fi;”

roman.III. 24 ; Chicem. 26 :a n n u lment-J “.

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Balm s.H. : oriticiemot, 11.225- 34 ;r eply to Prof. Gr een. 11. 8212 829 .

Homogeneouo: insu bility d tho ; 1.81ag

e- 60; or derly heterogeneity, 1.Honesty : in tn de andWWJ II129 - 81. 138 ; ot lower ruoee. 194

859 ; and ofioinliem. 111.397.

Hornbilln.hood ex er eooenoee 01.I.392.Hom evolufion of,Horse, the phr u e black. 11.840.

Hocfilhl

ms.G. L , on Valehcin pr ison.1 -8

Huguenots. Smiles on the..

I' 360.

Humboldt.A von.distr ibutxonbab oon!nebula .

1 15.

Hume, D. : subject and object.11.829 ;lnw codification. III. 258.

Hungary , music in. II, 449 .

H t

ttOn.Jnmu , geologxonltheory.

Hutton. Bichnrd H.aa

par entage for mon k.”1. 831 - 50.

Hux ley. T. IL : evolution and biologicalheter ogeneigo’mhtion. I 101 ; belie 1 in double

405 ; function at parlinment.111, 417 ;and nltr niu n. administrativenihilism. 11 1. 438. 442- 4.

Hyb rids.or igin ofwomhip.1.mB dra, the. nnn lmfl ndminmtrntion.

HydrogemliquefnotiOl w.

7 52.

development, I, 452

Hypothea efleot m ohm ufiom n.

162 - 7.

503

Idea : reletion to emofiomhm - s ;

giant. 1. 868- 4 md nuthority. III.

Intonntion.or igin in churches.II, 416.

Ifishemoormlntion ofpmIron : mdogy bu n om

i

t“97 -8;

Indeed lintonotion of. 11. 408.India n. t im ot. 111, 169 - 9 1 ; ethieo in.

; Ini1ure olgovemment. 111.249 .

Individual, and the State. 111. 416-67.

Induction : qualitative andmauvescienceJ IJ ;

Industr inlism : nnd oooinlo iemJ II.41 2 - 6 ; de velopment oi. ; nnd

w m w ; in Amcrn I.

Industry : mul'

liu tion d efl eom l.58-8; efieou rafln mL 57 z b m ~

mu nity z mdherediPentonville Pr ison. . 162 ; mid life.11391

064 ; mdhdfly mm m.

41 .

504 mon ster —LAW.ot elemente. 1.

- 5.

Imiw mm

Jm m oeistion olideu . 1.887.

Jew : per sond benuty. 11. 389 - 90. 89siz e. I. 397- 400. 473 ; siz e of teeth,

banking. 111. 847 -54; n ew

J

Is t

‘Ze systemJ IL M

rotntory movement. I. 135.- 2 ;

number oleetollitee. 1. 139 - 40; density La un ch] . B. RA. do ! 1 “ on

sndheet. 1. 14A M on. 1.390heeuhire g ootton M au ry. I. ’eceot ot n dm m m v

lntion. lll. 272 ; endcut. 111. 31 7

III. 895

m m w a m

192 - 5 ; 01 unaidedtion.III.195 : reu oning ol.W3 ;will.m 1 -3. M7 ; nnd evnl

207 ; Gsrue on ethios. 111.

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m ilk— M0810.

classification of

Ma lacca. II, 1 14 ;

Oomte 's II. 143 ; on

Hamilton andwnrdhchelj lnoumcnalex iatence, 11 , 191-

12 ; incon

ceivable and unbelievable ,11, 193- 200testolneccssity,ll, 196 ; generalagreement with, 11 , 217 ; on tho State andiller .Hugh: life and doctrina .

so; ter r estr iallile. 1. 220.

Mimicry : cleavage evolution.

iW-M dm fiufimmfit n

genesis ofspecies. 1. 882.

Hole , pelvis in.olecules.mutualwhen11 , 178- 84, 184- 7 .

item .SirW..on buildings acts.sownou . great age ot, 1.217 ; circulation. 1, 296.Malaw ian , socialanalogy, 1. 281.Em eline , cellmembrane , 1 , 440.Houareh and r epr esentative

men t, 309 - 10. 310- 7, 317 - 23.

state tamper ing: with, 111, 326- 57 ;

01 interest, 111. 401.

lonheys. or igin ofmusic, H . 432.

Monotrm to. integration , 1. 69 - 70.Monsieur . the title.III. 14. 15.

m finmi mm . prison discipline.77E

contraction. I. 149 ; as name. I. 31 7.

[films -Tendon. L . plant leaves. 1.

Review criticism.

507

Messag es“membrane. 1, 439 .and plants.

76 ; discovery of laws. 11 . 148; imthing

inscrutable , II. 247 insensible lorma.Tait on laws

5 ; Spencer on lawe ol, 11 . 297 -320;ax ioms and laws ed, 11. 298- 301.315

20; relation to force. 11.316 - 4 ; and

M M “ 381~6.

Mouat.Dr . F. J.. on prisons, 111, 1899 1.

Mcultou , J.F Br itishQuar ter lyReview,

11. 807 .

I, 13

318.

Moz art. her edity 111406 ;

oi, 447.

sur r ound

charaoter , 11, 417 ; AddieMucous membrane , cflect of

unabstract

Multiplication, various forms, I, 65- 7.

Multiplication oi effects general, 1.

I.I.

59 .

Munich, pr ison.111. 171 - 3

Murchison , Sir IL : Silur ian I,I.

206 ; st oic r ocks, I, we.Murder , socialcc-Operation. 111. 217 - 20.

Muscle : waste and repair .I, 362 ; evolution , 1, 396; siz e eliae s. I.896 - 400.

space , 11,or igin and function , 11.or

?vocal. 11. 403-4 ; tealinm

an lo ct vcice, 11, 404, 410m d emnmmwa m ; mu ll:406

,411 ° inter vals 11.

ll

53 .

5' s

is

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’ropositions : the thinliable, I, see ;ultimate test, states of consciomnemm205-8; testingof reasoning, 11, 208- 11 ; ar rangement ofscntencea ll, 344.

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mix ture , 1. 359 - 60; efl ect of sex , I,

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medy of eon uptiom , III, 88- 96 ;

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Hermes : evolution and

15 - 7 ; remains.. 237.

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516 u nse en— em amass.

andheredity,1, 408- 12, 421.

Var ieties : eflect of union, 1, 359 ; task

Veddahs, invocation of, 1, 31 1 - 2.

400, 411 ; inter vals, 11.

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m om ’s airman

-no rmmsor ir r .

Paar VI — Laws or Mu m-mon ies.

The Factors.A prior

-i Pr inciple.

Ob ve z s ;° a pr ior s Pr inciple.

Difl culties of Inductive Ver ification.

5. Antagonism between Growthand Ase x ualGenesis.

6 . Antagonism between Growthand Se x ualGe nesis.

7. Antagonism between Development and Genesis

,Asex ual

8. Antagonism between Expenditur e and Genesis.

9. Coincidence between HighNutr ition and Genesis.

10. Specialties of these Rela

tions.

1 1 . Inte rpretation and Qualification.

12. Multiplication of the HumanRace .

18. Human Evolution in the Futur e.

Ar m pit .

A CriticismonProfessor Owen’sThe On Cir culation and the FormationcryoftheVerteb rate Skeleton. ofWood in Plants.THEPR INCIPLES OF PSY CH OLOGY .

2 vols.

CONTENTS OI VOL. I.

Pm L—Tns Dar a or Psr cnotoe r .

mTbe Str ucture of the Ner vous

3. The Functions of the Ner vousSystem.

4. The Conditions essentialto Nervous Action.

5. Ner voue Stimulation and Nervous Disch

6. B ethe -Physiology.Pm II.

— '

l‘nx lance-noes or Psr csonoor .

The Substance ofMind.

The Composition ofMind.

The Relativity of Feelings.The Relativity of Relations between Feelings.

The Revivability ofFeelings.at

tha

ws-i

8. The Revivability of Relationsbetween Fee

7. The Aesociability ofFeelings.

8. The Associab ility of Relationsbetween Feelings.

9 . Pleasures and Pains.

Pm III—Gr am s Su mmers.

Life and Mind as Cor respon

deuce.

The Cor r espondence as Directand Homogeneous.

The Cor r espondence as Directbut He terogeneous.

The Cor respondence as ex tending in Space.

The Cor r espondence as ex tending in Time.

1 1.

sa

r

co

ma

6. The Cor r espond- ce as increas

ing in Specialty.

7. The Cor r espondence as incr easing in Generality.

8. The Cor r espondence as increasing in Comple x ity.

9. The Coiirdination of Cor respondences.

10. The Integration of Cor respon

dences.

The Cor respondences in their Totality.

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sr mzcna’s svm m c PHILOSOPHY.

Vol. II.

Paar VI—Eccu su sr xc Issu r ur xcss.

The Religious Idea. 10. The Military Functions ofMedicine Men and Pr iests.

Pr iestly Duties of Dweendants. ll. The CivilFunctions of Priests.Eldest Male Descendants as 12. Churchand State.Quasi-Priests. l8. Nonconformity.

The Ruler as Pr iest. 14. The MoralInfluences of Pr iestThe Rise of a Pr iesthood. hoods.Polytbeistie and Monotheistic l5. Ecclesiastical Retrospect and

Eccpfium

zldsfii rch as newlesiasti era ies. 16. igious and Pres

An Ecclesiastical System as a

SocialBond.

Pm VII—Pacn ssxosu . lssr r ru

Vol. III— In pr epar ation.

THEPR INCIPLES OF MORAL ITY .

Vol. I.

Pm L—a Dar a or Ermcs.

Conduct in general.TheEvolution of Conduct.Good and Bad Conduct.Ways of judging Conduct.The PhcalView.

The BiologicalView.

The PsychologicalView.

The Soci View.

Criticisms andEx planations.

Mr . Spencer is one of themost vigor ous as wellas boldest thinkersthatEnglishspeculationhas yet produced.”—JcmlSr um Mm .

NewYork: D. APPLETON a 1,s, a 5 Bond Street.

The Relativity of PainsPleasures.

Trialand Compromise.Conciliation.

Absolute Ethics and RelativeEthics.

The Scope ofEthics.

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10 sr nscn’s M US wom

1 1. Milla tr ial.

m om D ISCUSSIONS

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Herber t Spencer’

s Descriptive Sociology.

A CYCLOPEDIA OF SOCIAL FACTS;Repr esen ting Me Constitu tion ofEvery Type and Gr ade ofH uman Soei

ety , Past and Pr esen t, S ta tionary and Prog r essive

Caaasxr rsmu p Tu r n s-

r un r oa Eu r Conr aarsos AND Cos vm m St untor u s Bau moss or Becu t. Pan am a.

Eight Nan t es-s, RoyalFolio.

No. L—P r lce ,

ENGLISH , Compiled and Abstracted by Ju se Chu rn .

No. Ila—Pd “ ,

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I EXICANB, CENTRAL AMERICANS, CHIBCHAS, and PERUVIANB.Compiled and Abstracted by Rxcnaan Ph. D.

N00 "I s— P r ice , 84 000.

LOWEST RACES, NEGRITO RACES, and I LEAYO-POLm SIAN

RACES. Compiled and Abstr acted by Professor Dus csu, M. A.

Nor thRaces. Halo Polyne Samoans.

Tasmanians. d efl ects. New Zealander s.New Caiedoni SandwichIsland Dyaks.

ans etc. Javans.NewGuinesPeo Tab itians. Sumstr sns.Fulana. (pie . Tongans.

N00 Iv o—Pfl ce ’ 84 0000

AFRICA! RACES, Compiled and Abstr acted by Prom Duncan, M. A.

Bushmen. Ksfllr s. Ashantis.Ilottentots. East Afr icans. Fulabs.

Damaras. Congo People . Abyssinians.

N0. Ve—P r ’ce ' 84 0000

ASIATIC RACES, Compiled and Abstracted by Professor Duncan, M.A.

Arabs. Bhils. Kalmucks.Todas. Suntals. Ostyaks.Khonds. Kar ens. Kamtschadsles.Gouda Kuais.

N0. " e_m ce g 84 0000

am ou r RACES. Compiled and Abstracted by Protbssor Duncan, M.A.

F nimsux . Chippewayans. Uaupes.Cb nooks. Chippewas. Abipones.

kotas. Patagonians.Comanches. Mandans. Arsucanlsns.Ir oquois.

NO . " I F - P r ice , 84 0000

m u m and PHENICIANB. Commied and Abstracted by R1cnm Sonar

n o, Ph. D.

N0 0WI L —P r ice . (Double Number .)

FRENCH ,Compiled and Abstracted by Jw as Co u rt s .

NewYork : D. APPLETON 6: i , 8, 5 Bond Street.

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D. APPLETON d CO.

'8 PUBLICATIONS.

P r ofesso r JOSEPH LECONTE’SWO RK S .

EVO LUTION AND ITS RELATION To REL IG IOUSTH OUGH T. By Joa n LaCosta, LL.D., Professor of Geologand NaturslHlstuq in thaUuiversity d M orals.Withnumerous Illustradcns. lame. Cloth,I nch. M l “ I"! and

m of cvohl , but the llter sture ls so vcl m It ”the”.

cry. mews 1hn fim

mfiwgi J, lm von an r e a cru el- s

ct what we mean by evriie“

sn outline d the Em u-mu st.“from rnany d t

amand t its a

n

ELK! ENTS OF GEOLOGY . A Tex t-book for Colleges and for

the Gene ralReader . By Joan -n Ls Coor s, LL.D.With11pcf 900mustrations. Newand euisrged editiou. 8vo. Cloth,

amide e'

x mhrsm mseam:

a ss es s.seams-msmcmsmm amee

an Ame r ican geol We can commend this work without quallfiycation to allwho desire an inmgrnt usintanee with l calscience, as fresh, lucifull, authentic, the result“cr owd study ammog experience in teaching.

‘

RELIG ION AND SCIENCE. A Ser ies of Sunday Lectur es on theRelation of Naturaland Revealed Religion, or the Tr uths r evealedin Nature and Scripture. By Jcsm Ls Conn , LL. D. i2mo.

Cloth,We commend thehook cordially to the regard of allwho ar e intere sted in

whate ve r p ertains to the discussion of these grave anemone , and especiaé

lwthose who des ire to ex amine clomly the strong fonn ations on whichthetiau faithis reared.

"— Boslon Jour nal.

S IGH T 3 AnEx position of the Pr inciples ofMonocular and BinocularVision. By Joan n Ls Contr a, LL. D.WithIllustrations. I2mo.

Cloth,

m C toh i been kn or! I in to in thidemrtmehstsfralll‘thagnhe treated

omth‘:gar ters-13nd .m im an

t

t tr

.

»find an Amer ican book that can rank withthe very best of foreign books onsub ject.

“The Nation.

New York : D. APPLETON 8: CO.,1 , 8, 8: 5 Bond Street.

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’S PUBLICATIONS.

P r ofesso r E. L . YOUM A NS’SWO RK S.

THE H AND - BOOK OP H OUSEH OLD SCIENCE. A

Popular Account of Heat, Light, Air , Aliment, and Cleansing, intheir Scientific Pr inciples and Domestic Applications. 1m Illus

trated. Cloth,

THE CULTURE DEMANDED BY MODERN L IFE.

A Se ries of Addr esses and Arguments on the Claims of ScientificEducation. Edited

,withan Introduction on Mental Discipline in

Education. I vol.,12mo. Cloth,

CORRELATION AND CONSERVATION OP FORCES.A Ser ies ofExpositions by Scientific Men. Edited, withan Introduction and Br ief BiographicalNotices of the Chief Promoter s of

the New Views, by Enwaan L. Yom urts, M. D. I2mo. Cloth,CONTENTS

1. By ProfessorW. R. Gaovs. The Cor r elation of PhysicalForces.

II. By Professor Hm nonr z . The Inte raction of NaturalForces.

III. ByDr . J. R. Mam 1 . Remarks on the Forces of InorganicNature.2. On CelestialDynamics.

8. On the MechanicalEquivalent of Heat.IV. By Dr .m v . Some Thoughts on the Conser vation of Forces.

V. By Professor Lrasre . The Connection andEquivalence of Forces.VI. By Dr . Cam sr n . The Cor relation of the Physical and Vital

This work is a very welcome addition to our scientific literature, andwillbe particularly acceptable to those who wishto obtain

.

a popular but

at the same time precise and clear view of what Faraday yustly calls thehighest law in hysicalscience, the principle of the conse r vation of for ce.

Snilicient attentionhas not been paid to the %1blieaticn of collected mono

c

raphs or memoirs upon specialsubjects . r . Youmans’s work exhrb rtst 0 value of suchcollections in a ver v str iking manner , and we ear nestl

yhopehis ex cellent ex ample may be followed in other b ranches of science.Amer ica»Jour nalof Science.

NewYork: D. APPLETON it i, 8, it 5 Bond Str eet.

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