106. It remains for us, as I stated in the close of the last chapter, to examine first the principles of government in general, and then those of the government of the Poor by the Rich.
The government of a state consists in its customs, laws, and councils, and their enforcements.
I. Customs.
As one person primarily differs from another by fineness of nature, and, secondarily, by fineness of training, so also, a polite nation differs from a savage one, first, by the refinement of its nature, and secondly by the delicacy of its customs.
In the completeness of custom, which is the nation’s self-government, there are three stages — first, fineness in method of doing or of being; — called the manner or moral of acts; secondly, firmness in holding such method after adoption, so that it shall become a habit in the character: i. e., a constant “having” or “behaving;” and, lastly, ethical power in performance and endurance, which is the skill following on habit, and the ease reached by frequency of right doing.
The sensibility of the nation is indicated by the fineness of its customs; its courage, continence, and self-respect by its persistence in them.
By sensibility I mean its natural perception of beauty, fitness, and rightness; or of what is lovely, decent, and just: faculties dependent much on race, and the primal signs of fine breeding in man; but cultivable also by education, and necessarily perishing without it. True education has, indeed, no other function than the development of these faculties, and of the relative will. It has been the great error of modern intelligence to mistake science for education. You do not educate a man by telling him what he knew not, but by making him what he was not.
And making him what he will remain for ever: for no wash of weeds will bring back the faded purple. And in that dyeing there are two processes — first, the cleansing and wringing-out, which is the baptism with water; and then the infusing of the blue and scarlet colours, gentleness and justice, which is the baptism with fire.
107.54 The customs and manners of a sensitive and highly-trained race are always Vital: that is to say, they are orderly manifestations of intense life, like the habitual action of the fingers of a musician. The customs and manners of a vile and rude race, on the contrary, are conditions of decay: they are not, properly speaking, habits, but incrustations; not restraints, or forms, of life; but gangrenes, noisome, and the beginnings of death.
And generally, so far as custom attaches itself to indolence instead of action, and to prejudice instead of perception, it takes this deadly character, so that thus
Custom hangs upon us with a weight
Heavy as frost, and deep almost as life.
But that weight, if it become impetus, (living instead of dead weight) is just what gives value to custom, when it works with life, instead of against it.
108. The high ethical training of a nation implies perfect Grace, Pitifulness, and Peace; it is irreconcilably inconsistent with filthy or mechanical employments — with the desire of money — and with mental states of anxiety, jealousy, or indifference to pain. The present insensibility of the upper classes of Europe to the surrounding aspects of suffering, uncleanness, and crime, binds them not only into one responsibility with the sin, but into one dishonour with the foulness, which rot at their thresholds. The crimes daily recorded in the police-courts of London and Paris (and much more those which are unrecorded) are a disgrace to the whole body politic;55 they are, as in the body natural, stains of disease on a face of delicate skin, making the delicacy itself frightful. Similarly, the filth and poverty permitted or ignored in the midst of us are as dishonourable to the whole social body, as in the body natural it is to wash the face, but leave the hands and feet foul. Christ’s way is the only true one: begin at the feet; the face will take care of itself.
109. Yet, since necessarily, in the frame of a nation, nothing but the head can be of gold, and the feet, for the work they have to do, must be part of iron, part of clay; — foul or mechanical work is always reduced by a noble race to the minimum in quantity; and, even then, performed and endured, not without sense of degradation, as a fine temper is wounded by the sight of the lower offices of the body. The highest conditions of human society reached hitherto have cast such work to slaves; but supposing slavery of a politically defined kind to be done away with, mechanical and foul employment must, in all highly organized states, take the aspect either of punishment or probation. All criminals should at once be set to the most dangerous and painful forms of it, especially to work in mines and at furnaces,56 so as to relieve the innocent population as far as possible: of merely rough (not mechanical) manual labour, especially agricultural, a large portion should be done by the upper classes; —bodily health, and sufficient contrast and repose for the mental functions, being unattainable without it; what necessarily inferior labour remains to be done, as especially in manufactures, should, and always will, when the relations of society are reverent and harmonious, fall to the lot of those who, for the time, are fit for nothing better. For as, whatever the perfectness of the educational system, there must remain infinite differences between the natures and capacities of men; and these differing natures are generally rangeable under the two qualities of lordly, (or tending towards rule, construction, and harmony), and servile (or tending towards misrule, destruction, and discord); and since the lordly part is only in a state of profitableness while ruling, and the servile only in a state of redeemableness while serving, the whole health of the state depends on the manifest separation of these two elements of its mind; for, if the servile part be not separated and rendered visible in service, it mixes with, and corrupts, the entire body of the state; and if the lordly part be not distinguished, and set to rule, it is crushed and lost, being turned to no account, so that the rarest qualities of the nation are all given to it in vain.57
II. Laws.
110. These are the definitions and bonds of custom, or of what the nation desires should become custom.
Law is either archic,58 (of direction), meristic, (of division), or critic, (of judgment).
Archic law is that of appointment and precept: it defines what is and is not to be done.
Meristic law is that of balance and distribution: it defines what is and is not to be possessed.
Critic law is that of discernment and award: it defines what is and is not to be suffered.
111. A. Archic Law. If we choose to unite the laws of precept and distribution under the head of “statutes,” all law is simply either of statute or judgment; that is, first the establishment of ordinance, and, secondly, the assignment of the reward, or penalty, due to its observance or violation.
To some extent these two forms of law must be associated, and, with every ordinance, the penalty of disobedience to it be also determined. But since the degrees and guilt of disobedience vary, the determination of due reward and punishment must be modified by discernment of special fact, which is peculiarly the office of the judge, as distinguished from that of the lawgiver and law-sustainer, or king; not but that the two offices are always theoretically, and in early stages, or limited numbers, of society, are often practically, united in the same person or persons.
112. Also, it is necessary to keep clearly in view the distinction between these two kinds of law, because the possible range of law is wider in proportion to their separation. There are many points of conduct respecting which the nation may wisely express its will by a written precept or resolve, yet not enforce it by penalty:59 and the expedient degree of penalty is always quite a separate consideration from the expedience of the statute; for the statute may often be better enforced by mercy than severity, and is also easier in the bearing, and less likely to be abrogated. Farther, laws of precept have reference especially to youth, and concern themselves with training; but laws of judgment to manhood, and concern themselves with remedy and reward. There is a highly curious feeling in the English mind against educational law: we think no man’s liberty should be interfered with till he has done irrevocable wrong; whereas it is then just too late for the only gracious and kingly interference, which is to hinder him from doing it. Make your educational laws strict, and your criminal ones may be gentle; but, leave youth its liberty and you will have to dig dungeons for age. And it is good for a man that he “wear the yoke in his youth:” for the reins may then be of silken thread; and with sweet chime of silver bells at the bridle; but, for the captivity of age, you must forge the iron fetter, and cast the passing bell.
113. Since no law can be, in a final or true sense, established, but by right, (all unjust laws involving the ultimate necessity of their own abrogation), the law-giving can only become a law-sustaining power in so far as it is Royal, or “right doing;"— in so far, that is, as it rules, not misrules, and orders, not dis-orders, the things submitted to it. Throned on this rock of justice, the kingly power becomes established and establishing; “θειο?,” or divine, and, therefore, it is literally true that no ruler can err, so long as he is a ruler, or αρχων ουδει? αμαρτανει τοτε ?ταν αρχων η; perverted by careless thought, which has cost the world somewhat, into —“the king can do no wrong.”
114. B. Meristic Law,60 or that of the tenure of property, first determines what every individual possesses by right, and secures it to him; and what he possesses by wrong, and deprives him of it. But it has a far higher provisory function: it determines what every man should possess, and puts it within his reach on due conditions; and what he should not possess, and puts this out of his reach, conclusively.
115. Every article of human wealth has certain conditions attached to its merited possession; when these are unobserved, possession becomes rapine. And the object of meristic law is not only to secure to every man his rightful share (the share, that is, which he has worked for, produced, or received by gift from a rightful owner), but to enforce the due conditions of possession, as far as law may conveniently reach; for instance, that land shall not be wantonly allowed to run to waste, that streams shall not be poisoned by the persons through whose properties they pass, nor air be rendered unwholesome beyond given limits. Laws of this kind exist already in rudimentary degree, but need large development; the just laws respecting the possession of works of art have not hitherto been so much as conceived, and the daily loss of national wealth, and of its use, in this respect, is quite incalculable. And these laws need revision quite as much respecting property in national as in private hands. For instance: the public are under a vague impression that, because they have paid for the contents of the British Museum, every one has an equal right to see and to handle them. But the public have similarly paid for the contents of Woolwich arsenal; yet do not expect free access to it, or handling of its contents. The British Museum is neither a free circulating library, nor a free school: it is a place for the safe preservation, and exhibition on due occasion, of unique books, unique objects of natural history, and unique works of art; its books can no more be used by everybody than its coins can be handled, or its statues cast. There ought to be free libraries in every quarter of London, with large and complete reading-rooms attached; so also free educational museums should be open in every quarter of London, all day long, until late at night, well lighted, well catalogued, and rich in contents both of art and natural history. But neither the British Museum nor National Gallery is a school; they are treasuries; and both should be severely restricted in access and in use. Unless some order of this kind is made, and that soon, for the MSS. department of the Museum, (its superintendents have sorrowfully told me this, and repeatedly), the best MSS. in the collection will be destroyed, irretrievably, by the careless and continual handling to which they are now subjected.
Finally, in certain conditions of a nation’s progress, laws limiting accumulation of any kind of property may be found expedient.
116. C. Critic Law determines questions of injury, and assigns due rewards and punishments to conduct.
Two curious economical questions arise laterally with respect to this branch of law, namely, the cost of crime, and the cost of judgment. The cost of crime is endured by nations ignorantly, that expense being nowhere stated in their budgets; the cost of judgment, patiently, (provided only it can be had pure for the money), because the science, or perhaps we ought rather to say the art, of law, is felt to found a noble profession and discipline; so that civilized nations are usually glad that a number of persons should be supported by exercise in oratory and analysis. But it has not yet been calculated what the practical value might have been, in other directions, of the intelligence now occupied in deciding, through courses of years, what might have been decided as justly, had the date of judgment been fixed, in as many hours. Imagine one half of the funds which any great nation devotes to dispute by law, applied to the determination of physical questions in medicine, agriculture, and theoretic science; and calculate the probable results within the next ten years!
I say nothing yet of the more deadly, more lamentable loss, involved in the use of purchased, instead of personal, justice —"επακτω παρ αλλων—απορια οικεων.”
117. In order to true analysis of critic law, we must understand the real meaning of the word “injury.”
We commonly understand by it, any kind of harm done by one man to another; but we do not define the idea of harm: sometimes we limit it to the harm which the sufferer is conscious of; whereas much the worst injuries are those he is unconscious of; and, at other times, we limit the idea to violence, or restraint; whereas much the worse forms of injury are to be accomplished by indolence, and the withdrawal of restraint.
118. “Injury” is then simply the refusal, or violation of, any man’s right or claim upon his fellows: which claim, much talked of in modern times, under the term “right,” is mainly resolvable into two branches: a man’s claim not to be hindered from doing what he should; and his claim to be hindered from doing what he should not; these two forms of hindrance being intensified by reward, help, and fortune, or Fors, on one side, and by punishment, impediment, and even final arrest, or Mors, on the other.
119. Now, in order to a man’s obtaining these two rights, it is clearly needful that the worth of him should be approximately known; as well as the want of worth, which has, unhappily, been usually the principal subject of study for critic law, careful hitherto only to mark degrees of de-merit, instead of merit; — assigning, indeed, to the Deficiencies (not always, alas! even to these) just estimate, fine, or penalty; but to the Efficiencies, on the other side, which are by much the more interesting, as well as the only profitable part of its subject, assigning neither estimate nor aid.
120. Now, it is in this higher and perfect function of critic law, enabling instead of disabling, that it becomes truly Kingly, instead of Draconic: (what Providence gave the great, wrathful legislator his name?): that is, it becomes the law of man and of life, instead of the law of the worm and of death — both of these laws being set in changeless poise one against another, and the enforcement of both being the eternal function of the lawgiver, and true claim of every living soul: such claim being indeed strong to be mercifully hindered, and even, if need be, abolished, when longer existence means only deeper destruction, but stronger still to be mercifully helped, and recreated, when longer existence and new creation mean nobler life. So that reward and punishment will be found to resolve themselves mainly61 into help and hindrance; and these again will issue naturally from time recognition of deserving, and the just reverence and just wrath which follow instinctively on such recognition.
121. I say, “follow,” but, in reality, they are part of the recognition. Reverence is as instinctive as anger; — both of them instant on true vision: it is sight and understanding that we have to teach, and these are reverence. Make a man perceive worth, and in its reflection he sees his own relative unworth, and worships thereupon inevitably, not with stiff courtesy, but rejoicingly, passionately, and, best of all, restfully: for the inner capacity of awe and love is infinite in man, and only in finding these, can we find peace. And the common insolences and petulances of the people, and their talk of equality, are not irreverence in them in the least, but mere blindness, stupefaction, and fog in the brains,62 the first sign of any cleansing away of which is, that they gain some power of discerning, and some patience in submitting to, their true counsellors and governors. In the mode of such discernment consists the real “constitution” of the state, more than in the titles or offices of the discerned person; for it is no matter, save in degree of mischief, to what office a man is appointed, if he cannot fulfil it.
122. III. Government by Council.
This is the determination, by living authority, of the national conduct to be observed under existing circumstances; and the modification or enlargement, abrogation or enforcement, of the code of national law according to present needs or purposes. This government is necessarily always by council, for though the authority of it may be vested in one person, that person cannot form any opinion on a matter of public interest but by (voluntarily or involuntarily) submitting himself to the influence of others.
This government is always twofold — visible and invisible.
The visible government is that which nominally carries on the national business; determines its foreign relations, raises taxes, levies soldiers, orders war or peace, and otherwise becomes the arbiter of the national fortune. The invisible government is that exercised by all energetic and intelligent men, each in his sphere, regulating the inner will and secret ways of the people, essentially forming its character, and preparing its fate.
Visible governments are the toys of some nations, the diseases of others, the harness of some, the burdens of more the necessity of all. Sometimes their career is quite distinct from that of the people, and to write it, as the national history, is as if one should number the accidents which befall a man’s weapons and wardrobe, and call the list his biography. Nevertheless, a truly noble and wise nation necessarily has a noble and wise visible government, for its wisdom issues in that conclusively.
123. Visible governments are, in their agencies, capable of three pure forms, and of no more than three.
They are either monarchies, where the authority is vested in one person; oligarchies, when it is vested in a minority; or democracies, when vested in a majority.
But these three forms are not only, in practice, variously limited and combined, but capable of infinite difference in character and use, receiving specific names according to their variations; which names, being nowise agreed upon, nor consistently used, either in thought or writing, no man can at present tell, in speaking of any kind of government, whether he is understood; nor, in hearing, whether he understands. Thus we usually call a just government by one person a monarchy, and an unjust or cruel one, a tyranny: this might be reasonable if it had reference to the divinity of true government; but to limit the term “oligarchy” to government by a few rich people, and to call government by a few wise or noble people “aristocracy,” is evidently absurd, unless it were proved that rich people never could be wise, or noble people rich; and farther absurd, because there are other distinctions in character, as well as riches or wisdom (greater purity of race, or strength of purpose, for instance), which may give the power of government to the few. So that if we had to give names to every group or kind of minority, we should have verbiage enough. But there is only one right name —“oligarchy.”
124. So also the terms “republic” and “democracy”63 are confused, especially in modern use; and both of them are liable to every sort of misconception. A republic means, properly, a polity in which the state, with its all, is at every man&rsq............