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 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. 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 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, 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, II. Laws. 110. These are the definitions and bonds of custom, or of what the nation desires should become custom. Law is either archic, 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 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: 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; "?e???," or divine, and, therefore, it is literally true that no ruler can err, so long as he is a ruler, or a???? ??de?? aa?ta?e? t?te ?ta? a???? ?; perverted by careless thought, which has cost the world somewhat, into—"the king can do no wrong." 114. B. Meristic Law, 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 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 I say nothing yet of the more deadly, more lamentable loss, involved in the use of purchased, instead of personal, justice—"epa?t? pa? a????—ap???a ???e??." 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 mainly 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 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 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" "America, too, will find that caucuses, divisionalists, stump-oratory, and speeches to Buncombe will not carry men to the immortal gods; that the Washington Congress, and constitutional battle of Kilkenny cats is there, as here, naught for such objects; quite incompetent for such; and, in fine, that said sublime constitutional arrangement will require to be (with terrible throes, and travail such as few expect yet) remodelled, abridged, extended, suppressed, torn asunder, put together again—not without heroic labour and effort, quite other than that of the stump-orator and the revival preacher, one day." 125. Intelligent of seasons, that set forth The aery caravan, high over seas. 126. Nor need we want examples, among the inferior creatures, of dissoluteness, as well as resoluteness, in government. I once saw democracy finely illustrated by the beetles of North Switzerland, who by universal suffrage, and elytric acclamation, one May twilight, carried it, that they would fly over the Lake of Zug; and flew short, to the great disfigurement of the Lake of Zug,—?a??a??? ????—over some leagues square, and to the close of the cockchafer democracy for that year. Then, for tyranny, the old fable of the frogs and the stork finely touches one form of it; but truth will image it more closely than fable, for tyranny is not complete when it is only over the idle, but when it is over the laborious and the blind. This description of pelicans and climbing perch, which I find quoted in one of our popular natural histories, out of Sir Emerson Tennant's Ceylon, comes as near as may be to the true image of the thing: "Heavy rains came on, and as we stood on the high ground, we observed a pelican on the margin of the shallow pool gorging himself; our people went towards him, and raised a cry of 'Fish, fish!' We hurried down, and found numbers of fish struggling upward through the grass, in the rills formed by the trickling of the rain. There was scarcely water to cover them, but nevertheless they made rapid progress up the bank, on which our followers collected about two baskets of them. They were forcing their way up the knoll, and had they not been interrupted, first by the pelican, and afterwards by ourselves, they would in a few minutes have gained the highest point, and descended on the other side into a pool which formed another portion of the tank. In going this distance, however, they must have used muscular exertion enough to have taken them half a mile on level ground; for at these places all the cattle and wild animals of the neighbourhood had latterly come to drink, so that the surface was everywhere indented with footmarks, in addition to the cracks in the surrounding baked mud, into which the fish tumbled in their progress. In those holes, which were deep, and the sides perpendicular, they remained to die, and were carried off by kites and crows." 127. But whether governments be bad or good, one general disadvantage seems to attach to them in modern times—that they are all costly. 128. Nor have we the least right to complain of our governments being expensive, so long as we set the government to do precisely the work which brings no return. If our present doctrines of political economy be just, let us trust them to the utmost; take that war business out of the government's hands, and test therein the principles of supply and demand. Let our future sieges of Sebastopol be done by contract—no capture, no pay—(I admit that things might sometimes go better so); and let us sell the commands of our prospective battles, with our vicarages, to the lowest bidder; so may we have cheap victories, and divinity. On the other hand, if we have so much suspicion of our science that we dare not trust it on military or spiritual business, would it not be but reasonable to try whether some authoritative handling may not prosper in matters utilitarian? If we were to set our governments to do useful things instead of mischievous, possibly even the apparatus itself might in time come to be less costly. The machine, applied to the building of the house, might perhaps pay, when it seems not to pay, applied to pulling it down. If we made in our dockyards ships to carry timber and coals, instead of cannon, and with provision for the brightening of domestic solid culinary fire, instead of for the scattering of liquid hostile fire, it might have some effect on the taxes. Or suppose that we tried the experiment on land instead of water carriage; already the government, not unapproved, carries letters and parcels for us; larger packages may in time follow;—even general merchandise—why not, at last, ourselves? Had the money spent in local mistakes and vain private litigation, on the railroads of England, been laid out, instead, under proper government restraint, on really useful railroad work, and had no absurd expense been incurred 129. Suppose it should thus turn out, finally, that a true government set to true work, instead of being a costly engine, was a paying one? that your government, rightly organized, instead of itself subsisting by an income-tax, would produce its subjects some subsistence in the shape of an income dividend?—police, and judges duly paid besides, only with less work than the state at present provides for them. A true government set to true work!—Not easily to be imagined, still less obtained; but not beyond human hope or ingenuity. Only you will have to alter your election systems somewhat, first. Not by universal suffrage, nor by votes purchasable with beer, is such government to be had. That is to say, not by universal equal suffrage. Every man upwards of twenty, who has been convicted of no legal crime, should have his say in this matter; but afterwards a louder voice, as he grows older, and approves himself wiser. If he has one vote at twenty, he should have two at thirty, four at forty, ten at fifty. For every single vote which he has with an income of a hundred a year, he should have ten with an income of a thousand, (provided you first see to it that wealth is, as nature intended it to be, the reward of sagacity and industry—not of good luck in a scramble or a lottery). For every single vote which he had as subordinate in any business, he should have two when he became a master; and every office and authority nationally bestowed, implying trustworthiness and intellect, should have its known proportional number of votes attached to it. But into the detail and working of a true system in these matters we cannot now enter; we are concerned 130. I have not, however, been able to ascertain in definite terms, from the declaimers against slavery, what they understand by it. If they mean only the imprisonment or compulsion of one person by another, such imprisonment or compulsion being in many cases highly expedient, slavery, so defined, would be no evil in itself, but only in its abuse; that is, when men are slaves, who should not be, or masters, who should not be, or even the fittest characters for either state, placed in it under conditions which should not be. It is not, for instance, a necessary condition of slavery, nor a desirable one, that parents should be separated from children, or husbands from wives; but the institution of war, against which people declaim with less violence, effects such separations,—not unfrequently in a very permanent manner. To press a sailor, seize a white youth by conscription for a soldier, or carry off a black one for a labourer, may all be right acts, or all wrong ones, according to needs and circumstances. It is wrong to scourge a man unnecessarily. So it is to shoot him. Both must be done on occasion; and it is better and kinder to flog a man to his work, than to leave him idle till he robs, and flog him afterwards. The essential thing for all creatures is to be made to do right; how they are made to do it—by pleasant promises, or hard necessities, pathetic oratory, or the whip—is comparatively immaterial. 131. If, however, by slavery, instead of absolute compulsion, is meant the purchase, by money, of the right of compulsion, such purchase is necessarily made whenever a portion of any territory is transferred, for money, from one monarch to another: which has happened frequently enough in history, without its being supposed that the inhabitants of the districts so transferred became therefore slaves. In this, as in the former case, the dispute seems about the fashion of the thing, rather than the fact of it. There are two rocks in mid-sea, on each of which, neglected equally by instructive and commercial powers, a handful of inhabitants live as they may. Two merchants bid for the two properties, but not in the same terms. One bids for the people, buys them, and sets them to work, under pain of scourge; the other bids for the rock, buys it, and throws the inhabitants into the sea. The former is the American, the latter the English method, of slavery; much is to be said for, and something against, both, which I hope to say in due time and place. 132. If, however, slavery mean not merely the purchase of the right of compulsion, but the purchase of the body and soul of the creature itself for money, it is not, I think, among the black races that purchases of this kind are most extensively made, or that separate souls of a fine make fetch the highest price. This branch of the inquiry we shall have occasion also to follow out at some length, for in the worst instances of the selling of souls, we are apt to get, when we ask if the sale is valid, only Pyrrhon's answer 133. The fact is that slavery is not a political institution at all, but an inherent, natural, and eternal inheritance of a large portion of the human race—to whom, the more you give of their own free will, the more slaves they will make themselves. In common parlance, we idly confuse captivity with slavery, and are always thinking of the difference between pine-trunks (Ariel in the pine), and cowslip-bells ("in the cowslip-bell I lie"), or between carrying wood and drinking (Caliban's slavery and freedom), instead of noting the far more serious differences between Ariel and Caliban themselves, and the means by which, practically, that difference may be brought about or diminished. 134. "As wicked dew as e'er my mother brushed, with raven's feather,"—&c. For all these dreams of Shakespeare, as those of true and strong men must be, are "fa?tasata ?e?a, ?a? s??a? t?? ??t??"—divine phantasms, and shadows of things that are. We hardly tell our children, willingly, a fable with no purport in it; yet we think God sends his best messengers only to sing fairy tales to us, fond and empty. The Tempest is just like a grotesque in a rich missal, "clasped where paynims pray." Ariel is the spirit of generous and free-hearted service, in early stages of human society oppressed by ignorance and wild tyranny: venting groans as fast as mill-wheels strike; in shipwreck of states, dreadful; so that "all but mariners plunge in the brine, and quit the vessel, then all afire with me," yet having in itself the will and sweetness of truest peace, whence that is especially called "Ariel's" song, "Come unto these yellow sands, and there, take hands," "courtesied when you have, and kissed, the wild waves whist:" (mind, it is "cortesia," not "curtsey,") and read "quiet" for "whist," if you want the full sense. Then you may indeed foot it featly, and sweet spirits bear the burden for you—with watch in the night, and call in early morning. The vis viva in elemental transformation follows—"Full fathom five thy father lies, of his bones are coral made." Then, giving rest after labour, it "fetches dew from the still vext BermoÖthes, and, with a charm joined to their suffered labour, leaves men asleep." Snatching away the feast of the cruel, it seems to them as a harpy; followed by the utterly vile, who cannot see it in any shape, but to whom it is the picture of nobody, it still gives shrill harmony to their false and mocking catch, "Thought is The types of slavery in Caliban are more palpable, and need not be dwelt on now: though I will notice them also, severally, in their proper places;—the heart of his slavery is in his worship: "That's a brave god, and bears celestial—liquor." But, in illustration of the sense in which the Latin "benignus" and "malignus" are to be coupled with Eleutheria and Douleia, note that Caliban's torment is always the physical reflection of his own nature—"cramps" and "side stiches that shall pen thy breath up; thou shalt be pinched, as thick as honeycombs:" the whole nature of slavery being one cramp and cretinous contraction. Fancy this of Ariel! You may fetter him, but you set no mark on him; you may put him to hard work and far journey, but you cannot give him a cramp. 135. I should dwell, even in these prefatory papers, at more length on this subject of slavery, had not all I would say been said already, in vain, (not, as I hope, ultimately in vain), by Carlyle, in the first of the Latter-day Pamphlets, which I commend to the reader's gravest reading; together with that as much neglected, and still more immediately needed, on model prisons, and with the great chapter on "Permanence" (fifth of the last section of "Past and Present"), which sums what is known, and foreshadows, or rather forelights, all that is to be learned of National Discipline. I have only here farther to examine the nature of one world-wide and everlasting form of slavery, wholesome in use, as deadly in abuse;—the service of the rich by the poor. FOOTNOTES:So that the law of national health is like that of a great lake or sea, in perfect but slow circulation, letting the dregs fall continually to the lowest place, and the clear water rise; yet so as that there shall be no neglect of the lower orders, but perfect supervision and sympathy, so that if one member suffer, all members shall suffer with it. Full foul and chorlishe seemed she, And eke villanous for to be, And little coulde of norture To worship any creature. |