CHAPTER V

SIGNS OF CHANGE

I

From Hume until the publication of Burke's _Present Discontents_ (1770)

there is no work on English politics of the first importance. Walpole

had fallen in 1742; but for the next fifteen years his methods dominated

the parliamentary scene. It was only with the advent of the elder Pitt

to power that a new temper may be observed, a temper quickened by what

followed on the accession of George III. Henceforward, it is not untrue

to say that the early complacency of the time was lost; or, at least, it

was no longer in the ascendant again until the excesses of the French

Revolution enabled Burke to persuade his countrymen into that grim

satisfaction with their own achievement of which Lord Eldon is the

standing model. The signs of change are in each instance slight, though

collectively they acquire significance. It was difficult for men to

grumble where, as under Walpole, each harvest brought them greater

prosperity, or where, as under Chatham, they leaped from victory to

victory. Something of the exhilaration of these years we can still catch

in the letters which show the effort made by the jaded Horace Walpole to

turn off with easy laughter his deep sense of pride. In the House of

Commons, indeed, there is nothing, until the Wilkes case, to show that a

new age has come. It is in the novels of Richardson and Fielding, the

first shy hints of the romantic temper in Gray and Collins, above all in

the awakening of political science, that novelty is apparent.

So far as a new current of thought can ever be referred to a single

source, the French influence is the effective cause of change. Voltaire

and Montesquieu had both visited England in the period of Walpole's

administration, and both had been greatly influenced by what they saw.

Rousseau, indeed, came later on that amazing voyage which the

good-natured Hume insisted would save him from his dread of persecution,

and there is evidence enough that he did not relish his experience. Yet

when he came, in 1762, to publish the _Contrat Social_ it was obvious

that he had drunk deeply of English thought. The real meaning of their

work to Englishmen lay in the perspective they gave to English

institutions. Naturally enough, there was a vast difference between the

simplicity of a government where sovereignty was the monarch's will and

one in which a complex distribution of powers was found to secure a

general freedom. The Frenchmen were amazed at the generous equality of

English judicial procedure. The liberty of unlicensed printing--less

admirable than they accounted it--the difference between a _Habeas

Corpus_ and a _lettre de cachet_, the regular succession of Parliaments,

all these impressed them, who knew the meaning of their absence, as a

magnificent achievement. The English constitution revealed to France an

immense and unused reservoir of philosophic illustration. Even to

Englishmen itself that meaning was but partly known. Locke's system was

a generalization from its significance at a special crisis. Hume had

partial glimpses of its inner substance. But for most it had become a

discreet series of remedies for particular wrongs. Its analysis as a

connected whole invigorated thought as nothing had done since the Civil

Wars had elaborated the theory of parliamentary sovereignty. What was

more significant was the realization of Montesquieu's import

simultaneously with the effort of George III to revive crown influence.

Montesquieu thus became the prophet of a new race of thinkers.

Rousseau's time was not yet; though within a score of years it was

possible to see him as the rival to Burke's conservatism.

It is worth while to linger for a moment upon the thesis which underlies

the _Esprit des Lois_ (1748). It is a commonplace now that Montesquieu

is to be regarded as the founder of the historical method. The present

is to be explained by its ancestry. Laws, governments, customs are not

truths absolute and universal, but relative to the time of their origin

and the country from which they derive. It would be inaccurate, with

Rousseau on the threshold, to say that his influence demolished the

systems of political abstraction which, at their logical best, and in

the most complete unreality, are to be found in Godwin's _Political

Justice_; but it is not beyond the mark to affirm that after his time

such abstract systems were on the defensive. Therein, with all his

faults, he had given Burke the clue to those truths he so profoundly

saw--the sense of the State as more than a mechanical contrivance, the

high regard for prescription, the sense of law as the voice of past

wisdom. He was, said Burke, "the greatest genius which has enlightened

this age"; and Burke had every reason to utter that noble panegyric. But

Montesquieu was more than this. He emphasized legislation as the main

mechanism of social change; and therein he is the parent of that

decisive reversal of past methods of which Bentham first revealed the

true significance. Nor had any thinker before his time so emphasized the

importance of liberty as the true end of government; even the placid

Blackstone adopted the utterance from him in his inaugural lecture as

Vinerian professor. He insisted, too, on the danger of perversion to

which political principle lies open; a feeling which found consistent

utterance both in the debates of the Philadelphia Convention, and in

the writings of Bentham and James Mill. What, perhaps, is most

immediately significant is his famous praise of the British

Constitution--the secret of which he entirely misapprehended--and his

discovery of its essence in the separation of powers. The short sixth

chapter of his eleventh book is the real keynote of Blackstone and De

Lolme. It led them to investigate, on principles of at least doubtful

validity, an edifice never before described in detail. It is, when the

last criticism has been made, an immense step forward from the uncouth

antiquarianism of Coke's Second Institute to the neatly reticulated

structure erected upon the foundations of Montesquieu's hint. That it

was wrong was less important than that the attempt should have been

made. The evil that men do lives after them; and few doctrines have been

more noxious in their consequence than this theory of checks and

balances. But Blackstone's _Commentaries_ (1765-9) produced Bentham's

_Fragment on Government_ (1776), and with that book we enter upon the

realistic study of the British Constitution.

Rousseau is in an antithetic tradition; but just as he drew from

English thinkers so did he exercise upon the next generation an

influence the more logical because the inferences he drew were those

that his masters, with the English love of compromise, had sought to

avoid. Rousseau is the disciple of Locke; and the real difference

between them is no more than a removal of the limitations upon the power

of government which Locke had proposed. It is a removal at every point

conditioned by the interest of the people. For Rousseau declared that

the existing distribution of power in Europe was a monstrous thing, and

he made the people sovereign that there might be no hindrance to their

achievement in the shape of sinister interest. The powers of the people

thus became their rights and herein was an unlimited sanction for

innovation. It is easy enough then to understand why such a philosophy

should have been anathema to Burke. Rousseau's eager sympathy for humble

men, his optimistic faith in the immediate prospect of popular power

were to Burke the symptoms of insane delusion and their author "the

great professor and founder of the philosophy of vanity in England."

But Burke forgot that the real secret of Rousseau's influence was the

success of the American Revolution; and no one had done more than Burke

himself to promote its cause and justify its principles. That revolution

established what Europe might well consider a democracy; and its

statesmen were astonished not less at the vigilance with which America

guarded against the growth of autocratic government, than at the

soberness with which it checked the supposed weakness of the sovereign

people. America made herself independent while what was best in Europe

combined in enthusiastic applause; and it seemed as though the maxims of

Rousseau had been taken to heart and that a single, vigorous exertion of

power could remove what deliberation was impotent to secure. Here

Rousseau had a message for Great Britain which Burke at every stage

denied. Nor, at the moment, was it influential except in the general

impetus it gave to thought. But from the moment of its appearance it is

an undercurrent of decisive importance; and while in its metaphysical

form it failed to command acceptance, in the hands of Bentham its

results were victorious. Bentham differs from Rousseau not in the

conclusions he recommends so much as in the language in which he clothes

them. Either make a final end of the optimism of men like Hume and

Blackstone, or the veneration for the past which is at the root of

Burke's own teaching.

It is easy to see why thought such as this should have given the

stimulus it did. Montesquieu came to praise the British constitution at

a time when good men were aghast at its perversion. There was no room in

many years for revolution, but at least there was place for hearty

discontent and a seeking after new methods. Of that temper two men so

different as the elder Pitt and Wilkes are the political symbols. The

former's rise to power upon the floodtide of popular enthusiasm meant

nothing so much as a protest against the cynical corruption of the

previous generation. Wilkes was a sign that the populace was slowly

awaking to a sense of its own power. The French creed was too purely

logical, too obviously the outcome of alien conditions, to fit in its

entirety the English facts; and, it must be admitted, memories of wooden

shoes played not a little part in its rejection. The rights of man made

only a partial appeal until the miseries of Pitt's wars showed what was

involved in that rejection; and then it was too late. But no one could

feel without being stirred the illumination of Montesquieu; and

Rousseau's questions, even if they proved unanswerable, were stuff for

thought. The work of the forty years before the French Revolution is

nothing so much as a preparation for Bentham. The torpor slowly passes.

The theorists build an edifice each part of which a man whose passion is

attuned to the English nature can show to be obsolete and ugly. If the

French thinkers had conferred no other benefit, that, at least, would

have been a supreme achievement.

II

The first book to show the signs of change came in 1757. John Brown's

_Estimate of the Manners and Principles of the Times_ is largely

forgotten now; though it went through seven editions in a year and was

at once translated into French. Brown was a clergyman, a minor planet in

the vast Warburtonian system, who had already published a volume of

comment upon the _Characteristics_ of Shaftesbury. His book is too

evidently modelled upon Montesquieu, whom he mentions with reverence, to

make us doubt its derivation. There is the same reliance upon Livy and

Machiavelli, the same attempt at striking generalization; though the

argument upon which Brown's conclusions are based is seldom given,

perhaps because his geometric clarity of statement impressed him as

self-demonstrative. Brown's volumes are an essay upon the depravity of

the times. He does not deny it humanitarianism, and a still lingering

sense of freedom, but it is steeped in corruption and displays nothing

so much as a luxurious and selfish effeminacy. He condemns the

universities out of hand, in phrases which Gibbon and Adam Smith would

not have rejected. He deplores the decay of taste and learning. Men

trifle with Hume's gay impieties, and could not, if they would,

appreciate the great works of Bishop Warburton. Politics has become

nothing save a means of promoting selfish interests. The church, the

theatre, and the arts have all of them lost their former virtues. The

neurotic temper of the times is known to all. The nation, as was shown

in 1745, when a handful of Highlanders penetrated without opposition to

the heart of the kingdom, has grown slack and cowardly. Gambling

penetrates every nook and cranny of the upper class; the officers of the

army devote themselves to fashion; the navy's main desire is for prize

money. Even the domestic affections are at a low ebb; and the grand tour

brings back a new species of Italianate Englishman. The poor, indeed,

the middle class, and the legal and medical professions, Brown

specifically exempts from this indictment. But he emphasizes his belief

that this is unimportant. "The manners and principles of those who

lead," he says, "... not of those who are governed ... will ever

determine the strength or weakness, and therefore the continuance or

dissolution of a state."

This profligacy Brown compares to the languid vice which preceded the

fall of Carthage and of Rome; and he sees the approaching ruin of Great

Britain at the hands of France, unless it can be cured. So far as he has

an explanation to offer, it seems to be the fault of Walpole, and the

decay of religious sentiment. His remedy is only Bolingbroke's Patriot

King, dressed up in the habit of the elder Pitt, now risen to the height

of power. What mainly stirred Englishmen was the prophecy of defeat on

the morrow of the disastrous convention of Kloster Seven; but when Wolfe

and Clive repaired that royal humiliation Brown seems to have died a

natural death. What is more interesting than his prophecies was the

evidence of a close reading of Montesquieu. English liberty, he says, is

the product of the climate; a kind of mixture, it appears, of fog and

sullen temper. Nations inevitably decay, and the commercial grandeur of

England is the symptom of old age; it means a final departure from the

simplicity of nature and breeds the luxury which kills by enervation.

Brown has no passion, and his book reads rather like Mr. Galsworthy's

_Island Pharisees_ sufficiently expurgated to be declaimed by a

well-bred clergyman in search of preferment on the ground of attention

to the evils of his time. It describes undoubted facts, and it shows

that the era of content has gone. But its careful periods and strangely

far-off air lack the eagerness for truth which Rousseau put into his

questions. Brown can neither explain nor can he proffer remedy. He sees

that Pitt is somehow significant; but when he rules out the popular

voice as devoid of all importance, he deprives himself of the means

whereby to grasp the meaning of the power that Pitt exerted. Nothing

could prove more strongly the exactitude of Burke's _Present

Discontents_. Nothing could better justify the savage indignation of

Junius.

Hume was the friend of Montesquieu, though twenty years his junior; and

the _Esprit des Lois_ travelled rapidly to Scotland. There it caught the

eye of Adam Ferguson, the author of a treatise on refinement, and by the

influence of Hume and Adam Smith, Professor of Moral Philosophy in the

University of Edinburgh. Ferguson seems to have been immensely popular

in his time, and certainly he has a skill for polished phrase, and a

genial paraphrase of other men's ideas. His _Essay on the History of

Civil Society_ (1767), which in a quarter of a century went through six

editions, was thought by Helvétius superior to Montesquieu, though Hume

himself, as always the incarnation of kindness, recommended its

suppression. At least Ferguson read enough of Montesquieu to make some

fluent generalities sound plausible. He knows that the investigation of

savage life will throw some light upon the origins of government. He

sees the folly of generalizing easily upon the state of nature. He

insists, probably after conversation with Adam Smith, upon the social

value of the division of functions. He does not doubt the original

equality of men. He thinks the luxury of his age has reached the limit

of its useful growth. Property he traces back to a parental desire to

make a better provision for children "than is found under the

promiscuous management of many copartners." Climate has the new

importance upon which Montesquieu has insisted; or, at least, as it

"ripens the pineapple and the tamarina," so it "inspires a degree of

mildness that can even assuage the rigours of despotical government."

The priesthood--this is Hume--becomes a separate influence under the

sway of superstition. Liberty, he says, "is maintained by the continued

differences and oppositions of numbers, not by their concurring zeal in

behalf of equitable government." The hand that can bend Ulysses' bow is

certainly not here; and this pinchbeck Montesquieu can best be left in

the obscurity into which he has fallen. The _Esprit des Lois_ took

twenty years in writing; and it needed the immense researches of men

like Savigny before its significance could fully be grasped. Facile

popularisers of this sort may have mollified the drawing-room; but they

did not add to political ideas.

III

A more fertile source of inquiry was to be found among the students of

constitutional law. Blackstone's _Commentaries on the Laws of England_

(1765-9) has had ever since its first publication an authority such as

Coke only before possessed. "He it is," said Bentham, "who, first of

all institutional writers, has taught jurisprudence to speak the

language of the Scholar and the Gentleman." Certainly, as Professor

Dicey has remarked, "the book contains much real learning about our

system of government." We are less concerned here with Blackstone as an

antiquarian lawyer than as a student of political philosophy. Here his

purpose seems obvious enough. The English constitution raised him from

humble means through a Professorship at Oxford to a judgeship in the

Court of Common Pleas. He had been a member of Parliament and refused

the office of Solicitor-General. He had thus no reason to be

dissatisfied with the conditions of his time; and the first book of the

_Commentaries_ is nothing so much as an attempt to explain why English

constitutional law is a miracle of wisdom.

Constitutional law, as such, indeed, found no place in Blackstone's

book. It creeps in under the rights of persons, where he deals with the

power of king and Parliament. His treatment implies a whole philosophy.

Laws are of three kinds--of nature, of God, and of the civil state.

Civil law, with which alone he is concerned, is "a rule of civil conduct

prescribed by the supreme power in a state, commanding what is right and

prohibiting what is wrong." It is, he tells us, "called a rule to

distinguish it from a compact or agreement." It derives from the

sovereign power, of which the chief character is the making of laws.

Society is based upon the "wants and fears" of men; and it is coeval

with their origin. The idea of a state of nature "is too wild to be

seriously admitted," besides being contrary to historical knowledge.

Society implies government, and whatever its origins or its forms there

"must be in all of them a supreme, irresistible, absolute, uncontrolled

authority, in which the _jura summa imperii_, or rights of sovereignty

reside." The forms of government are classified in the usual way; and

the British constitution is noted as a happy mixture of them all. "The

legislature of the Kingdom," Blackstone writes, "is entrusted to three

powers entirely independent of each other; first the King, secondly the

lords spiritual and temporal, which is an aristocratical assembly of

persons, chosen for their piety, their birth, their wisdom, their valour

or their property; and, thirdly, the House of Commons, freely chosen by

the people from among themselves, which makes it a kind of democracy;

and as this aggregate body, actuated by different springs and attentive

to different interests, composes the British Parliament and has the

supreme disposal of everything; there can be no inconvenience attempted

by either of the three branches, but will be withstood by one of the

other two; each branch being armed with a negative power, sufficient to

repel any innovation which it shall think inexpedient or dangerous." It

is in the king in Parliament that British sovereignty resides. Eschewing

the notion of an original contract, Blackstone yet thinks that all the

implications of it are secured. "The constitutional government of this

island," he says, "is so admirably tempered and compounded, that nothing

can endanger or hurt it, but destroying the equilibrium of power between

one branch of the legislature and the rest."

All this is not enough; though, as Bentham was to show in his _Fragment

on Government_, it is already far too much. "A body of nobility," such

is the philosophic interpretation of the House of Lords, "is also more

peculiarly necessary in our mixed and compounded constitution, in order

to support the rights of both the Crown and people, by forming a barrier

to withstand the encroachments of both ... if they were confounded with

the mass of the people, and like them had only a vote in electing

representatives, their privileges would soon be borne down and

overwhelmed by the popular torrent, which would effectually level all

distinctions." "The Commons," he says further, "consist of all such men

of property in the kingdom as have not seats in the House of Lords." The

legal irresponsibility of the King is emphasized. "He is not only

incapable of doing wrong," says Blackstone, "but even of thinking wrong;

he can never mean to do an improper thing; in him is no folly or

weakness," though he points out that the constitution "has allowed a

latitude of supposing the contrary." The powers of the King are

described in terms more suitable to the iron despotism of William the

Norman than to the backstairs corruption of George III. The right of

revolution is noted, with justice, as belonging to the sphere of morals

rather than of law.

"Its true defect," says Professor Dicey of the _Commentaries_, "is the

hopeless confusion both of language and of thought introduced into the

whole subject of constitutional law by Blackstone's habit--common to all

the lawyers of his time--of applying old and inapplicable terms to new

institutions." This is severe enough; yet Blackstone's sins are deeper

than the criticism would suggest. He introduced into English political

philosophy that systematic attention to forms instead of substance upon

which the whole vicious theory of checks and balances was erected. He

made no distinction between the unlimited sovereignty of law and the

very obviously limited sovereignty of reality. He must have known that

to talk of the independence of the branches of the legislature was

simple nonsense at a time when King and peers competed for the control

of elections to the House of Commons. His idealization of a peerage

whose typical spiritual member was Archbishop Cornwallis and whose

temporal embodiment was the Duke of Bedford would not have deceived a

schoolboy had it not provided a bulwark against improvement. It was

ridiculous to describe the Commons as representative of property so long

as places like Manchester and Sheffield were virtually disfranchised.

His picture of the royal prerogative was a portrait against every detail

of which what was best in England had struggled in the preceding century

and a half. He has nothing to say of the cabinet, nothing of ministerial

responsibility, nothing of the party system. What he did was to produce

the defence of a non-existent system which acted as a barrier to all

legal, and much political, progress in the next half-century. He gave

men material without cause for satisfaction.

As a description of the existing government there is thus hardly an

element of Blackstone's work which could stand the test of critical

inquiry. But even worse was its philosophy. As Bentham pointed out, he

was unaware of the distinction between society and government. The state

of nature exists, or fails to exist, with startling inconsistency.

Blackstone, in fact, was a Lockian who knows that Hume and Montesquieu

have cut the ground from under his master's feet, and yet cannot

understand how, without him, a foundation is to be supplied. Locke,

indeed, seems to him, as a natural conservative, to go too far, and he

rejects the original contract as without basis in history; yet

contractual notions are present at every fundamental stage of his

argument. The sovereign power, so we are told, is irresistible; and then

because Blackstone is uncertain what right is to mean, we hear of moral

limitations upon its exercise. He speaks continually of representation

without any effort to examine into the notions it conveys. The members

of society are held to be equal; and great pains are taken to justify

existent inequalities. "The natural foundations of sovereignty," he

writes, "are the three great requisites... of wisdom, goodness and

power." Yet there is nowhere any proof in his book that steps have been

taken in the British Constitution to associate these with the actual

exertion of authority. Nor has he clear notions of the way in which

property is to be founded. Communism, he writes in seventeenth century

fashion, is the institution of the all-beneficent Creator who gave the

earth to men; property comes when men occupy some special portion of the

soil continuously or mix their labor with movable possessions. This is

pure Locke; though the conclusions drawn by Blackstone are utterly

remote from the logical result of his own premises.

The truth surely is that Blackstone had, upon all these questions, only

the most confused sort of notions. He had to preface his work with some

sort of philosophic theory because the conditions of the age demanded

it. The one source of enlightenment when he wrote was Hume; but for some

uncertain reason, perhaps his piety, Blackstone makes no reference to

the great sceptic's speculations. So that he was driven back upon

notions he felt to be false, without a proper realization of their

falsity. His use of Montesquieu shows rather how dangerous a weapon a

great idea can be in the hands of one incompetent to understand it, than

the fertility it contained. The merit of Blackstone is his learning,

which was substantial, his realization that the powers of law demand

some classification, his dim yet constant sense that Montesquieu is

right alike in searching for the roots of law in custom and in applying

the historical method to his explanations. But as a thinker he was

little more than an optimistic trifler, too content with the conditions

of his time to question its assumptions.

De Lolme is a more interesting figure; and though, as with Blackstone,

what he failed to see was even more remarkable than what he did

perceive, his book has real ability and merit. De Lolme was a citizen of

Geneva, who published his _Constitution of England_ in 1775, after a

twelve months' visit to shores sufficiently inhospitable to leave him to

die in obscurity and want. His book, as he tells us in his preface, was

no mean success, though he derived no profit from it. Like Blackstone,

he was impressed by the necessity of obtaining a constitutional

equilibrium, wherein he finds the secret of liberty. The attitude was

not unnatural in one who, with his head full of Montesquieu, was a

witness of the struggle between Junius and the King. He has, of course,

the limitation common to all writers before Burke of thinking of

government in purely mechanical terms. "It is upon the passions of

mankind," he says, "that is, upon causes which are unalterable, that the

action of the various parts of a state depends. The machine may vary as

to its dimensions; but its movement and acting springs still remain

intrinsically the same." Elsewhere he speaks of government as "a great

ballet or dance in which ... everything depends upon the disposition of

the figures." He does not deal, that is to say, with men as men, but

only as inert adjuncts of a machine by which they are controlled. Such

an attitude is bound to suffer from the patent vices of all abstraction.

It regards historic forces as distinct from the men related to them.

Every mob, he says, must have its Spartacus; every republic will tend to

unstability. The English avoid these dangers by playing off the royal

power against the popular. The King's interest is safeguarded by the

division of Parliament into two Houses, each of which rejects the

encroachment of the other upon the executive. His power is limited by

parliamentary privilege, freedom of the press, the right of taxation and

so forth. The theory was not true; though it represented with some

accuracy the ideals of the time.

Nor must we belittle what insight De Lolme possessed. He saw that the

early concentration of power in the royal hands prevented the

continental type of feudalism from developing in England; with the

result that while French nobles were massacring each other, the English

people could unite to wrest privileges from the superior power. He

understood that one of the mainsprings of the system was the

independence of the judges. He realized that the party-system--he never

used the actual term--while it provides room for men's ambitions at the

same time prevents the equation of ambition with indispensability. "Woe

to him," says De Lolme, "... who should endeavor to make the people

believe that their fate depends on the persevering virtue of a single

citizen." He sees the paramount value of freedom of the press. This, as

he says, with the necessity that members should be re-elected, "has

delivered into the hands of the people at large the exercise of the

censorial power." He has no doubt but that resistance is the remedy

whereby governmental encroachment can be prevented; "resistance," he

says, "is the ultimate and lawful resource against the violences of

power." He points out how real is the guarantee of liberty where the

onus of proof in criminal cases is thrown upon the government. He

regards with admiration the supremacy of the civil over the military

arm, and the skillful way in which, contrary to French experience, it

has been found possible to maintain a standing army without adding to

the royal power. Nor can he fail to admire the insight which organizes

"the agitation of the popular mind," not as "the forerunner of violent

commotions" but to "animate all parts of the state." Therein De Lolme

had grasped the real essence of party government.

It was, of course, no more than symptomatic of his time that cabinet and

prime minister should have escaped his notice. A more serious defect was

his inability, with the Wilkes contest prominently in his notice, to

see that the people had assumed a new importance. For the masses,

indeed, De Lolme had no enthusiasm. "A passive share," he thought, "was

the only one that could, with safety to the state, be trusted" to the

humble man. "The greater part," he wrote, "of those who compose this

multitude, taken up with the care of providing for their subsistence,

have neither sufficient leisure, nor even, in consequence of their

imperfect education, the degree of information, requisite for functions

of this kind." Such an attitude blinded him to the significance of the

American conflict, which he saw unattended by its moral implications. He

trusted too emphatically to the power of mechanisms to realize that

institutions which allowed of such manipulation as that of George III

could not be satisfactory once the people had awakened to a sense of its

own power. The real social forces of the time found there no channels of

activity; and the difference between De Lolme and Bagehot is the

latter's power to go behind the screen of statute to the inner sources

of power.

IV

The basis of revolutionary doctrine was already present in England when,

in 1762, Rousseau published his _Contrat Social_. With its fundamental

doctrines Locke had already made his countrymen familiar; and what was

needed for the appreciation of its teaching was less a renaissance than

discontent. So soon as men are dissatisfied with the traditional

foundations of the State, a gospel of natural rights is certain to make

its appearance. And, once the design of George III had been made

familiar by his treatment of Chatham and Wilkes, the discontent did not

fail to show itself. Indeed, in the year before the publication of

Rousseau's book, Robert Wallace, a Scottish chaplain royal, had written

in his _Various Prospects_ (1761) a series of essays which are at once

an anticipation of the main thesis of Malthus and a plea for the

integration of social forces by which alone the mass of men could be

raised from misery. In the light of later experience it is difficult not

to be impressed by the modernist flavour of Wallace's attack. He

insists upon the capacity of men and the disproportion between their

potential achievement and that which is secured by actual society. Men

are in the mass condemned to ignorance and toil; and the lust of power

sets man against his neighbor to the profit of the rich. Wallace traces

these evils to private property and the individualistic organization of

work, and he sees no remedy save community of possessions and a

renovated educational system. Yet he does not conceal from himself that

it is to the interest of the governing class to prevent a revolution

which, beneficent to the masses, would be fatal to themselves; nor does

he conceive it possible until the fertility of men has been reduced to

the capacity of the soil. He speculates upon the chances of a new spirit

among men, of an all-wise legislator, and of the beneficent example of

colonies upon the later Owenite model. But his book is contemporaneous

with our own ideas rather than with the thoughts of his generation. Nor

does it seem to have excited any general attention.

It is five years after Rousseau that we see the first clear signs of his

influence. Naturally enough the men amongst whom the new spirit spread

abroad were the Nonconformists. For more than seventy years they had

been allowed existence without recognition. None had more faithfully

supported the new dynasty than they; none had been paid less for their

allegiance. Their utmost effort could secure only a sparing mitigation

of the Test Act. All of them were Whigs, and the doctrines of Locke

suited exactly their temper and their wants. There were amongst them

able men in every walk of life, and they were apt to publication. Joseph

Priestley, in particular, gave up with willingness to mankind what was

obviously meant for chemical science. A few years previously Brown of

the _Estimate_ had submitted a scheme for national education, in which

the essential principle was Church control. Priestley had answered him,

and was encouraged by friends to expand his argument into a general

treatise. His _Essay on the First Principles of Government_ appeared in

1768; and, if for nothing else, it would be noteworthy because it was

therein that the significance of the "greatest happiness principle"

first flashed across Bentham's mind. But the book shows more than this.

"I had placed," says Priestley with due modesty, "the foundation of some

of the most valuable interests of mankind on a broader and firmer basis

than Mr. Locke"; and the breadth and firmness are Rousseau's

contribution.

Certainly we herein meet new elements. On the very threshold of the book

we meet the dogma of the perfectibility of man. "Whatever," Priestley

rhapsodizes, "was the beginning of this world, the end will be glorious

and paradisaical, beyond what our imaginations can now conceive." "The

instrument of this progress ... towards this glorious state" is

government; though a little later we are to find that the main business

of government is noninterference. Men are all equal, and their natural

rights are indefeasible. Government must be restrained in the interests

of liberty. No man can be governed without his consent; for government

is founded upon a contract by which civil liberty is surrendered in

exchange for a power to share in public decisions. It thus follows that

the people must be sovereign, and interference with their natural

rights will justify resistance. Every government, he says, is "in its

original principles, and antecedent to its present form an equal

republic"; wherefore, of course, it follows that we must restore to men

the equality they have lost. And, equally, of course, this would bestow

upon the Nonconformists their full citizenship; for Warburton's

_Alliance_, to attack which Priestley exhausts all the resources of his

ingenuity, has been one of the main instruments in their degradation.

"Unbounded liberty in matters of religion," which means the abolition of

the Establishment, promises to be "very favorable to the best interests

of mankind."

So far the book might well be called an edition of Rousseau for English

Nonconformists; but there are divergences of import. It can never be

forgotten in the history of political ideas that the alliance of Church

and State made Nonconformists suspicious of government interference.

Their original desire to be left unimpeded was soon exalted into a

definite theory; and since political conditions had confined them so

largely to trade none felt as they did the hampering influence of

State-restrictions. The result has been a great difficulty in making

liberal doctrines in England realize, until after 1870, the organic

nature of the State. It remains for them almost entirely a police

institution which, once it aims at the realization of right, usurps a

function far better performed by individuals. There is no sense of the

community; all that exists is a sum of private sentiments. "Civil

liberty," says Priestley, "has been greatly impaired by an abuse of the

maxim that the joint understanding of all the members of a State,

properly collected, must be preferable to that of individuals; and

consequently that the more the cases are in which mankind are governed

by this united reason of the whole community, so much the better;

whereas, in truth, the greater part of human actions are of such a

nature, that more inconvenience would follow from their being fixed by

laws than from their being left to every man's arbitrary will." If my

neighbor assaults me, he suggests, I may usefully call in the police;

but where the object is the discovery of truth, the means of education,

the method of religious belief, individual initiative is superior to

State action. The latter produces an uniform result "incompatible with

the spirit of discovery." Nor is such attempt at uniform conditions just

to posterity; men have no natural right to judge for the future. Men are

too ignorant to fix their own ideas as the basis of all action.

Priestley could not escape entirely the bondage of past tradition; and

the metaphysics which Bentham abhorred are scattered broadcast over his

pages. Nevertheless the basis upon which he defended his ideas was a

utilitarianism hardly less complete than that which Bentham made the

instrument of revolution. "Regard to the general good," he says, "is the

main method by which natural rights are to be defended." "The good and

happiness of the members, that is, the majority of the members of any

State, is the great standard by which everything relating to that state

must finally be determined." In substance, that is to say, if not

completely in theory, we pass with Priestley from arguments of right to

those of expediency. His chief attack upon religious legislation is

similarly based upon considerations of policy. His view of the

individual as a never-ending source of fruitful innovation anticipates

all the later Benthamite arguments about the well-spring of individual

energy. Interference and stagnation are equated in exactly similar

fashion to Adam Smith and his followers. Priestley, of course, was

inconsistent in urging at the outset that government is the chief

instrument of progress; but what he seems to mean is less that

government has the future in its hands than that government action may

well be decisive for good or evil. Typical, too, of the later Benthamism

is his glorification of reason as the great key which is to unlock all

doors. That is, of course, natural in a scientist who had himself made

discoveries of vital import; but it was characteristic also of a school

which scanned a limitless horizon with serene confidence in a future of

unbounded good. Even if it be said that Priestley has all the vices of

that rationalism which, as with Bentham, oversimplifies every problem it

encounters, it is yet adequate to retort that a confidence in the

energies of men was better than the complacent stagnation of the

previous age.

It is difficult to measure the precise influence that Priestley exerted;

certainly among Nonconformists it cannot have been small. Dr. Richard

Price is a lesser figure; and much of the standing he might have had has

been obliterated by two unfortunate incidents. His sinking-fund scheme

was taken up by the younger Pitt, and proved, though the latter believed

in it to the last, to be founded upon an arithmetical fallacy which did

not sit well upon a fellow of the Royal Society. His sermon on the

French Revolution provoked the _Reflections_ of Burke; and, though much

of the right was on the side of Price, it can hardly be said that he

survived Burke's onslaught. Yet he was a considerable figure in his day,

and he shows, like Priestley, how deep-rooted was the English

revolutionary temper. He has not, indeed, Priestley's superb optimism;

for the rigid _a priori_ morality of which he was the somewhat muddled

defender was less favorable to a confidence in reason. He had a good

deal of John Brown's fear that luxury was the seed of English

degeneration; the proof of which he saw in the decline of the

population. His figures, in fact, were false; but they were unessential

to the general thesis he had to make.

Price, like Priestley a leading Nonconformist, was stirred to print by

the American Revolution; and if his views were not widely popular, his

_Observations on the Nature of Civil Liberty_ (1776) attained its eighth

edition within a decade. This, with its supplement _Additional

Observations_ (1777), presents a perfectly coherent theory. Nor is their

ancestry concealed. They represent the tradition of Locke, modified by

the importations of Rousseau. Price owes much to Priestley and to Hume,

and he takes sentences from Montesquieu where they aid him. But he has

little or nothing of Priestley's utilitarianism and the whole argument

is upon the abstract basis of right. Liberty means self-government, and

self-government means the right of every man to be his own legislator.

Price, with strict logic, follows out this doctrine to its last

consequence. Taxes become "free gifts for public services"; laws are

"particular provisions or regulations established by Common Consent for

gaining protection and safety"; magistrates are "trustees or deputies

for carrying these regulations into execution." And almost in the words

of Rousseau, Price goes on to admit that liberty, "in its most perfect

degree, can be enjoyed only in small states where every independent

agent is capable of giving his suffrage in person and of being chosen

into public offices." He knows that large States are inevitable, though

he thinks that representation may be made so adequate as to minimize the

sacrifice of liberty involved.

But the limitation upon government is everywhere emphasized.

"Government," he says, "... is in the very nature of it a trust; and

all its powers a Delegation for particular ends." He rejects the theory

of parliamentary sovereignty as incompatible with self-government; if

the Parliament, for instance, prolonged its life, it would betray its

constituents and dissolve itself. "If omnipotence," he writes, "can with

any sense be ascribed to a legislature, it must be lodged where all

legislative authority originates; that is, in the People." Such a

system is alone compatible with the ends of government, since it cannot

be supposed that men "combine into communities and institute government"

for self-enslavement. Nor is any other political system "consistent with

the natural equality of mankind"; by which Price means that no man "is

constituted by the author of nature the vassal or subject of another, or

has any right to give law to him, or, without his consent, to take away

any part of his property or to abridge him of his liberty." From all of

which it is concluded that liberty is inalienable; and a people which

has lost it "must have a right to emancipate themselves as soon as they

can." The aptness of the argument to the American situation is obvious

enough; and nowhere is Price more happy or more formidable than when he

applies his precepts to phrases like "the unity of the empire" and the

"honor of the kingdom" which were so freely used to cover up the

inevitable results of George's obstinacy.

The _Essay on the Right of Property in Land_ (1781) of William Ogilvie

deserves at least a passing notice. The author, who published his book

anonymously, was a Professor of Latin in the University of Aberdeen and

an agriculturist of some success. His own career was distinctly

honorable. The teacher of Sir James Mackintosh, he had a high reputation

as a classical scholar and deserves to be remembered for his effort to

reform a college which had practically ceased to perform its proper

academic functions. His book is virtually an essay upon the natural

right of men to the soil. He does not doubt that the distress of the

times is due to the land monopoly. The earth being given to men in

common, its invasion by private ownership is a dangerous perversion. Men

have the right to the full product of their labor; but the privileges of

the landowner prevent the enjoyment of that right. The primary duty of

every State is the increase of public happiness; and the happiest nation

is that which has the greatest number of free and independent

cultivators. But governments attend rather to the interest of the higher

classes, even while they hold out the protection of the common people as

the main pretext of their authority. The result is their maintenance of

land-monopoly even though it affects the prime material of all essential

industries, prevents the growth of population, and makes the rich

wealthier at the expense of the poor. It breeds oppression and

ignorance, and poisons improvement by preventing individual initiative.

He points out how a nation is dominated by its landlords, and how they

have consistently evaded the fiscal burdens they should bear. Only in a

return to a nation of freeholders can Ogilvie see the real source of an

increase in happiness.

Such criticism is revolutionary enough, though when he comes to speak of

actual changes, he had little more to propose than a system of peasant

proprietorship. What is striking in the book is its sense of great,

impending changes, its thorough grasp of the principle of utility, its

realization of the immense agricultural improvement that is possible if

the landed system can be so changed as to bring into play the impulses

of humble men. He sees clearly enough that wealth dominates the State;

and his interpretation of history is throughout economic. Ogilvie is

one of the first of those agrarian Socialists who, chiefly through

Spence and Paine, are responsible for a special current of their own in

the great tide of protest against the unjust situation of labor. Like

them, he builds his system upon natural rights; though, unlike them, his

natural rights are defended by expediency and in a style that is always

clear and logical. The book itself has rather a curious history. At its

appearance, it seems to have excited no notice of any kind. Mackintosh

knew of its authorship; for he warned its author against the amiable

delusion that its excellence would persuade the British government to

force a system of peasant proprietorship upon the East India Company.

Reprinted in 1838 as the work of John Ogilby, it was intended to

instruct the Chartists in the secret of their oppression; and therein it

may well have contributed to the tragicomic land-scheme of Feargus

O'Connor. In 1891 the problem of the land was again eagerly debated

under the stimulus of Mr. Henry George; and a patriotic Scotchman

published the book with biographical notes that constitute one of the

most amazing curiosities in English political literature.

V

Against the school of Rousseau's English disciples it is comparatively

easy to multiply criticisms. They lacked any historic sense. Government,

for them, was simply an instrument which was made and unmade at the

volition of men. How complex were its psychological foundations they had

no conception; with the single factor of consent they could explain the

most marvellous edifice of any time. They were buried beneath a mountain

of metaphysical right which they never related to legal facts or to

political possibility. They pursued relentlessly the logical conclusions

of the doctrines they abhorred without being willing carefully to

investigate the results to which their own doctrines in logic led. They

overestimated the extent to which men are willing to occupy themselves

with political affairs. They made no proper allowance for the protective

armour each social system must acquire by the mere force of

prescription. Nor is there sufficient allowance in their attitude for

those limiting conditions of circumstance of which every statesman must

of necessity take account. They occupy themselves, that is to say, so

completely with _staatslehre_ that they do not admit the mollifying

influence of _politik_. They search for principles of universal right,

without the perception that a right which is to be universal must

necessarily be so general in character as to be useless in its

application.

Yet such defects must not blind us to the general rightness of their

insight. They were protesting against a system strongly upheld on

grounds which now appear to have been simply indefensible. The business

of government had been made the private possession of a privileged

class; and eagerness for desirable change was, in the mass, absent from

the minds of most men engaged in its direction. The loss of America, the

heartless treatment of Ireland, the unconstitutional practices in the

Wilkes affair, the heightening of corruption undertaken by Henry Fox and

North at the direct instance of the king, had blinded the eyes of most

to the fact that principle is a vital part of policy. The revolutionists

recalled men to the need of explaining, no less than carrying on, the

government of the Crown. They represented the new sense of power felt by

elements of which the importance had been forgotten in the sordid

intrigues of the previous half-century. Their emphasis upon government

as in its nature a public trust was at least accompanied by a useful

reminder that, after all, ultimate power must rest upon the side of the

governed. For twenty years Whigs and Tories alike carried on political

controversy as though no public opinion existed outside the small circle

of the aristocracy. The mob which made Wilkes its idol was, in a blind

and unconscious way, enforcing the lesson that Price and Priestley had

in mind. For the moment, they were unsuccessful. Cartwright, with his

Constitutional Societies, might capture the support of an eccentric peer

like the Duke of Richmond; but the vast majority remained, if irritated,

unconvinced. It needed the realization that the new doctrines were part

of a vaster synthesis which swept within its purview the fortunes of

Europe and America before they would give serious heed; and even then

they met antagonism with nothing save oppression and hate. Yet the

doctrines remained; for thought, after all, is killed by reasoned answer

alone. And when the first gusts of war and revolution had passed, the

cause for which they stood was found to have permeated all classes save

that which had all to lose by learning.

We must not, however, commit the error of thinking of Price and

Priestley as representing more than an important segment of opinion. The

opposition to their theories was not less articulate than their own

defence of them. Some, like Burke, desired a purification of the

existing system; others, like Dr. Johnson, had no sort of sympathy with

new-fangled ideas. One thinker, at least, deserves some mention less for

the inherent value of what he had to say, than for the nature of the

opinions he expounded. Josiah Tucker, the Dean of Gloucester, has a

reputation alike in political and economic enquiry. He represents the

sturdy nationalism of Arbuthnot's _John Bull_, the unreasoned prejudice

against all foreigners, the hatred of all metaphysics as inconsistent

with common sense, the desire to let things be on the ground that the

effort after change is worse than the evil of which men complain. His

_Treatise on Civil Government_ (1781) is in many ways a delightful book,

bluff, hardy, full of common sense, with, at times, a quaint humor that

is all its own. He had really two objects in view; to deal, in the first

place, faithfully with the American problem, and, in the second, to

explode the new bubble of Rousseau's followers. The second point takes

the form of an examination of Locke, to whom, as Tucker shrewdly saw,

the theories of the school may trace their ancestry. He analyses the

theory of consent in such fashion as to show that if its adherents could

be persuaded to be logical, they would have to admit themselves

anarchists. He has no sympathy with the state of nature; the noble

savage, on investigation, turns out to be a barbaric creature with a

club and scalping knife. Government, he does not doubt, is a trust, or,

as he prefers, somewhat oddly, to call it, a quasi-contract; but that

does not mean that the actual governors can be dismissed when any

eccentric happens to take exception to their views. He has no sympathy

with parliamentary reform. Give the mob an increase of power, he says,

and nothing is to be expected but outrage and violence. He thinks the

constitution very well as it is, and those who preach the evils of

corruption ought to prove their charges instead of blasphemously

asserting that the voice of the people is the voice of God.

Upon America Tucker has doctrines all his own. He does not doubt that

the Americans deserve the worst epithets that can be showered upon them.

Their right to self-government he denied as stoutly as ever George III

himself could have desired. But not for one moment would he fight them

to compel their return to British allegiance. If the American colonies

want to go, let them by all means cut adrift. They are only a useless

source of expenditure. The trade they represent does not depend upon

allegiance but upon wants that England can supply if she keeps shop in

the proper way, if, that is, she makes it to their interest to buy in

her market. Indeed, colonies of all kinds seem to him quite useless.

They ever are, he says, and ever were, "a drain to and an incumbrance on

the Mother-country, requiring perpetual and expensive nursing in their

infancy, and becoming headstrong and ungovernable in proportion as they

grow up." All wise relations depend upon self-interest, and that needs

no compulsion. If Gibraltar and Port Mahon and the rest were given up,

the result would be "multitudes of places ... abolished, jobs and

contracts effectually prevented, millions of money saved, universal

industry encouraged, and the influence of the Crown reduced to that

mediocrity it ought to have." Here is pure Manchesterism half-a-century

before its time; and one can imagine the good Dean crustily explaining

his notions to the merchants of Bristol who had just rejected Edmund

Burke for advocating free trade with Ireland.

No word on Toryism would be complete without mention of Dr. Johnson.

Here, indeed, we meet less with opinion than with a set of gloomy

prejudices, acceptable only because of the stout honesty of the source

from which they come. He thought life a poor thing at the best and took

a low view of human nature. "The notion of liberty," he told the

faithful Boswell, "amuses the people of England and helps to keep off

the _tedium vitae_." The idea of a society properly organized into ranks

and societies he always esteemed highly. "I am a friend to

subordination," he said, "as most conducive to the happiness of

society." He was a Jacobite and Tory to the end. Whiggism was the

offspring of the devil, the "negation of all principle"; and he seems to

have implied that it led to atheism, which he regarded as the worst of

sins. He did not believe in the honesty of republicans; they levelled

down, but were never inclined to level up. Men, he felt, had a part to

act in society, and their business was to fulfil their allotted station.

Rousseau was a very bad man: "I would sooner sign a sentence for his

transportation than that of any fellow who has gone from the Old Bailey

these many years." Political liberty was worthless; the only thing worth

while was freedom in private concerns. He blessed the government in the

case of general warrants and thought the power of the Crown too small.

Toleration he considered due to an inapt distinction between freedom to

think and freedom to talk, and any magistrate "while he thinks himself

right ... ought to enforce what he thinks." The American revolt he

ascribed to selfish faction; and in his _Taxation no Tyranny_ (1775) he

defended the British government root and branch upon his favorite ground

of the necessity of subordination. He was willing, he said, to love all

mankind except an American.

Yet Dr. Johnson was the friend of Burke, and he found pleasure in an

acquaintance with Wilkes. Nor, in all his admiration for rank and

fortune, is there a single element of meanness. The man who wrote the

letter to Lord Chesterfield need never fear the charge of abasement. He

knew that there was "a remedy in human nature that will keep us safe

under every form of government." He defined a courtier in the _Idler_ as

one "whose business it is to watch the looks of a being weak and foolish

as himself." Much of what he felt was in part a revolt against the

sentimental aspect of contemporary liberalism, in part a sturdy contempt

for the talk of degeneracy that men such as Brown had made popular.

There is, indeed, in all his political observations a strong sense of

the virtue of order, and a perception that the radicalism of the time

was too abstract to provide an adequate basis for government. Here, as

elsewhere, Johnson hated all speculation which raised the fundamental

questions. What he did not see was the important truth that in no age

are fundamental questions raised save where the body politic is

diseased. Rousseau and Voltaire, even Priestley and Price, require

something more for answer than unreasoned prejudice. Johnson's attitude

would have been admirable where there were no questions to debate; but

where Pelham ruled, or Grenville, or North, it had nothing to

contribute. Thought, after all, is the one certain weapon of utility in

a different and complex world; and it was because the age refused to

look it in the face that it invited the approach of revolution.

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