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potism. But, fortunately, a ruler can be gratified only by means of his subjects. His power depends on their obedience; and, as any three or four of them are more than a match for him by himself, he can only enforce the unwilling obedience of some by means of the willing obedience of others.
Take any of those who are popularly called absolute princes-Napoleon for example. Could Napoleon have walked through Paris, cutting off the head of one person in every house which he passed? Certainly not without the assistance of an army. If not, why not? Because the people had sufficient physical power to resist him, and would have put forth that power in defence of their lives and of the lives of their children. In other words, there was a portion of power in the democracy under Napoleon. Napoleon might probably have indulged himself in such an atrocious freak of power if his army would have seconded him. But, if his army had taken part with the people, he would have found himself utterly helpless; and, even if they had obeyed his orders against the people, they would not have suffered him to decimate their own body. In other words, there was a portion of power in the hands. of a minority of the people, that is to say, in the hands of an aristocracy, under the reign of Napoleon.
To come nearer home, Mr. Mill tells us that it is a mistake to imagine that the English government is mixed. He holds, we suppose, with all the politicians of the Utilitarian school, that it is purely aristocratical. There certainly is an aristocracy in England; and we are afraid that their power is greater than it ought to be. They have power enough to keep up the gamelaws and corn-laws; but they have not power enough to subject the bodies of men of the lowest class to wan
ton outrage at their pleasure. Suppose that they were to make a law that any gentleman of two thousand a-year might have a day-labourer or a pauper flogged with a cat-of-nine-tails whenever the whim might take him. It is quite clear that the first day on which such flagellation should be administered would be the last day of the English aristocracy. In this point, and in many other points which might be named, the commonalty in our island enjoy a security quite as complete as if they exercised the right of universal suffrage. We say, therefore, that the English people have in their own hands a sufficient guarantee that in some points the aristocracy will conform to their wishes; in other words, they have a certain portion of power over the aristocracy. Therefore the English government is mixed.
Wherever a king or an oligarchy refrains from the last extremity of rapacity and tyranny through fear of the resistance of the people, there the constitution, whatever it may be called, is in some measure democratical. The admixture of democratic power may be slight. It may be much slighter than it ought to be; but some admixture there is. Wherever a numerical minority, by means of superior wealth or intelligence, of political concert, or of military discipline, exercises a greater influence on the society than any other equal number of persons, — there, whatever the form of government may be called, a mixture of aristocracy does. in fact exist. And, wherever a single man, from whatever cause, is so necessary to the community, or to any portion of it, that he possesses more power than any other man, there is a mixture of monarchy. This is the philosophical classification of governments: and if we use this classification we shall find, not only that
there are mixed governments, but that all governments are, and must always be, mixed. But we may safely challenge Mr. Mill to give any definition of power, or to make any classification of governments, which shall bear him out in his assertion that a lasting division of authority is impracticable.
It is evidently on the real distribution of power, and not on names and badges, that the happiness of nations must depend. The representative system, though doubtless a great and precious discovery in politics, is only one of the many modes in which the democratic part of the community can efficiently check the governing few. That certain men have been chosen as deputies of the people, that there is a piece of paper stating such deputies to possess certain powers, these circumstances in themselves constitute no security for good government. Such a constitution nominally existed in France; while, in fact, an oligarchy of committees and clubs trampled at once on the electors and the elected. Representation is a very happy contrivance for enabling large bodies of men to exert their power with less risk of disorder than there would otherwise be. But, assuredly, it does not of itself give power. Unless a representative assembly is sure of being supported in the last resort by the physical strength of large masses who have spirit to defend the constitution and sense to defend it in concert, the mob of the town in which it meets may overawe it; the howls of the listeners in its gallery may silence its deliberations; an able and daring individual may dissolve it. And, if that sense and that spirit of which we speak be diffused through a society, then, even without a representative assembly, that society will enjoy many of the blessings of good government.
Which is the better able to defend himself; a strong man with nothing but his fists, or a paralytic cripple encumbered with a sword which he cannot lift? Such, we believe, is the difference between Denmark and some new republics in which the constitutional forms of the United States have been most sedulously imitated.
Look at the Long Parliament on the day on which Charles came to seize the five members: and look at it again on the day when Cromwell stamped with his foot on its floor. On which day was its apparent power the greater? On which day was its real power the less? Nominally subject, it was able to defy the sovereign. Nominally sovereign, it was turned out of doors by its servant.
Constitutions are in politics what paper money is in commerce. They afford great facilities and conveniences. But we must not attribute to them that value which really belongs to what they represent. They are not power, but symbols of power, and will, in an emergency, prove altogether useless unless the power for which they stand be forthcoming. The real power by which the community is governed is made up of all the means which all its members possess of giving pleasure or pain to each other.
Great light may be thrown on the nature of a circulating medium by the phenomena of a state of barter. And in the same manner it may be useful to those who wish to comprehend the nature and operation of the outward signs of power to look at communities in which no such signs exist; for example, at the great community of nations. There we find nothing analogous to a constitution: but do we not find a government? We do in fact find government in its purest, and simplest, and most intelligible form. We see one
portion of power acting directly on another portion of power. We see a certain police kept up; the weak to a certain degree protected; the strong to a certain degree restrained. We see the principle of the balance in constant operation. We see the whole system sometimes undisturbed by any attempt at encroachment for twenty or thirty years at a time; and ali this is produced without a legislative assembly, or an executive magistracy without tribunals without any code which deserves the name; solely by the mutual hopes and fears of the various members of the federation. In the community of nations, the first appeal is to physical force. In communities of men, forms of government serve to put off that appeal, and often render it unnecessary. But it is still open to the oppressed or the ambitious.
Of course, we do not mean to deny that a form of government will, after it has existed for a long time, materially affect the real distribution of power throughout the community. This is because those who administer a government, with their dependents, form a compact and disciplined body, which, acting methodically and in concert, is more powerful than any other equally numerous body which is inferior in organisation. The power of rulers is not, as superficial observers sometimes seem to think, a thing sui generis. It is exactly similar in kind, though generally superior in `amount, to that of any set of conspirators who plot to overthrow it. We have seen in our time the most extensive and the best organised conspiracy that ever existed a conspiracy which possessed all the elements of real power in so great a degree that it was able to cope with a strong government, and to triumph over it the Catholic Association. An Utilitarian