CHAPTER VII

I

RECONSTRUCTION; ITS CONDITIONS AND PURPOSES

The best method of approaching a critical reconstruction of American

political ideas will be by means of an analysis of the meaning of

democracy. A clear popular understanding of the contents of the

democratic principle is obviously of the utmost practical political

importance to the American people. Their loyalty to the idea of

democracy, as they understand it, cannot be questioned. Nothing of any

considerable political importance is done or left undone in the United

States, unless such action or inaction can be plausibly defended on

democratic grounds; and the only way to secure for the American people

the benefit of a comprehensive and consistent political policy will be

to derive it from a comprehensive and consistent conception of

democracy.

Democracy as most frequently understood is essentially and exhaustively

defined as a matter of popular government; and such a definition raises

at once a multitude of time-honored, but by no means superannuated,

controversies. The constitutional liberals in England, in France, and in

this country have always objected to democracy as so understood, because

of the possible sanction it affords for the substitution of a popular

despotism in the place of the former royal or oligarchic despotisms.

From their point of view individual liberty is the greatest blessing

which can be secured to a people by a government; and individual liberty

can be permanently guaranteed only in case political liberties are in

theory and practice subordinated to civil liberties. Popular political

institutions constitute a good servant, but a bad master. When

introduced in moderation they keep the government of a country in close

relation with well-informed public opinion, which is a necessary

condition of political sanitation; but if carried too far, such

institutions compromise the security of the individual and the integrity

of the state. They erect a power in the state, which in theory is

unlimited and which constantly tends in practice to dispense with

restrictions. A power which is theoretically absolute is under no

obligation to respect the rights either of individuals or minorities;

and sooner or later such power will be used for the purpose of opposing

the individual. The only way to secure individual liberty is,

consequently, to organize a state in which the Sovereign power is

deprived of any national excuse or legal opportunity of violating

certain essential individual rights.

The foregoing criticism of democracy, defined as popular government, may

have much practical importance; but there are objections to it on the

score of logic. It is not a criticism of a certain conception of

democracy, so much as of democracy itself. Ultimate responsibility for

the government of a community must reside somewhere. If the single

monarch is practically dethroned, as he is by these liberal critics of

democracy, some Sovereign power must be provided to take his place. In

England Parliament, by means of a steady encroachment on the royal

prerogatives, has gradually become Sovereign; but other countries, such

as France and the United States, which have wholly dispensed with

royalty, cannot, even if they would, make a legislative body Sovereign

by the simple process of allowing it to usurp power once enjoyed by the

Crown. France did, indeed, after it had finally dispensed with

Legitimacy, make two attempts to found governments in which the theory

of popular Sovereignty was evaded. The Orleans monarchy, for instance,

through the mouths of its friends, denied Sovereignty to the people,

without being able to claim it for the King; and this insecurity of its

legal framework was an indirect cause of a violent explosion of

effective popular Sovereignty in 1848. The apologists for the Second

Empire admitted the theory of a Sovereign people, but claimed that the

Sovereign power could be safely and efficiently used only in case it

were delegated to one Napoleon III--a view the correctness of which the

results of the Imperial policy eventually tended to damage. There is in

point of fact no logical escape from a theory of popular

Sovereignty--once the theory of divinely appointed royal Sovereignty is

rejected. An escape can be made, of course, as in England, by means of a

compromise and a legal fiction; and such an escape can be fully

justified from the English national point of view; but countries which

have rejected the royal and aristocratic tradition are forbidden this

means of escape--if escape it is. They are obliged to admit the doctrine

of popular Sovereignty. They are obliged to proclaim a theory of

unlimited popular powers.

To be sure, a democracy may impose rules of action upon itself--as the

American democracy did in accepting the Federal Constitution. But in

adopting the Federal Constitution the American people did not abandon

either its responsibilities or rights as Sovereign. Difficult as it may

be to escape from the legal framework defined in the Constitution, that

body of law in theory remains merely an instrument which was made for

the people and which if necessary can and will be modified. A people, to

whom was denied the ultimate responsibility for its welfare, would not

have obtained the prime condition of genuine liberty. Individual freedom

is important, but more important still is the freedom of a whole people

to dispose of its own destiny; and I do not see how the existence of

such an ultimate popular political freedom and responsibility can be

denied by any one who has rejected the theory of a divinely appointed

political order. The fallibility of human nature being what it is, the

practical application of this theory will have its grave dangers; but

these dangers are only evaded and postponed by a failure to place

ultimate political responsibility where it belongs. While a country in

the position of Germany or Great Britain may be fully justified from the

point of view of its national tradition, in merely compromising with

democracy, other countries, such as the United States and France, which

have earned the right to dispense with these compromises, are at least

building their political structure on the real and righteous source of

political authority. Democracy may mean something more than a

theoretically absolute popular government, but it assuredly cannot mean

anything less.

If, however, democracy does not mean anything less than popular

Sovereignty, it assuredly does mean something more. It must at least

mean an expression of the Sovereign will, which will not contradict and

destroy the continuous existence of its own Sovereign power. Several

times during the political history of France in the nineteenth century,

the popular will has expressed itself in a manner adverse to popular

political institutions. Assemblies have been elected by universal

suffrage, whose tendencies have been reactionary and undemocratic, and

who have been supported in this reactionary policy by an effective

public opinion. Or the French people have by means of a plebiscite

delegated their Sovereign power to an Imperial dictator, whose whole

political system was based on a deep suspicion of the source of his own

authority. A particular group of political institutions or course of

political action may, then, be representative of the popular will, and

yet may be undemocratic. Popular Sovereignty is self-contradictory,

unless it is expressed in a manner favorable to its own perpetuity and

integrity.

The assertion of the doctrine of popular Sovereignty is, consequently,

rather the beginning than the end of democracy. There can be no

democracy where the people do not rule; but government by the people is

not necessarily democratic. The popular will must in a democratic state

be expressed somehow in the interest of democracy itself; and we have

not traveled very far towards a satisfactory conception of democracy

until this democratic purpose has received some definition. In what way

must a democratic state behave in order to contribute to its own

integrity?

The ordinary American answer to this question is contained in the

assertion of Lincoln, that our government is "dedicated to the

proposition that all men are created equal." Lincoln's phrasing of the

principle was due to the fact that the obnoxious and undemocratic system

of negro slavery was uppermost in his mind when he made his Gettysburg

address; but he meant by his assertion of the principle of equality

substantially what is meant to-day by the principle of "equal rights for

all and special privileges for none." Government by the people has its

natural and logical complement in government for the people. Every state

with a legal framework must grant certain rights to individuals; and

every state, in so far as it is efficient, must guarantee to the

individual that his rights, as legally defined, are secure. But an

essentially democratic state consists in the circumstance that all

citizens enjoy these rights equally. If any citizen or any group of

citizens enjoys by virtue of the law any advantage over their

fellow-citizens, then the most sacred principle of democracy is

violated. On the other hand, a community in which no man or no group of

men are granted by law any advantage over their fellow-citizens is the

type of the perfect and fruitful democratic state. Society is organized

politically for the benefit of all the people. Such an organization may

permit radical differences among individuals in the opportunities and

possessions they actually enjoy; but no man would be able to impute his

own success or failure to the legal framework of society. Every citizen

would be getting a "Square Deal."

Such is the idea of the democratic state, which the majority of good

Americans believe to be entirely satisfactory. It should endure

indefinitely, because it seeks to satisfy every interest essential to

associated life. The interest of the individual is protected, because of

the liberties he securely enjoys. The general social interest is equally

well protected, because the liberties enjoyed by one or by a few are

enjoyed by all. Thus the individual and the social interests are

automatically harmonized. The virile democrat in pursuing his own

interest "under the law" is contributing effectively to the interest of

society, while the social interest consists precisely in the promotion

of these individual interests, in so far as they can be equally

exercised. The divergent demands of the individual and the social

interest can be reconciled by grafting the principle of equality on the

thrifty tree of individual rights, and the ripe fruit thereof can be

gathered merely by shaking the tree.

It must be immediately admitted, also, that the principle of equal

rights, like the principle of ultimate popular political responsibility

is the expression of an essential aspect of democracy. There is no room

for permanent legal privileges in a democratic state. Such privileges

may be and frequently are defended on many excellent grounds. They may

unquestionably contribute for a time to social and economic efficiency

and to individual independence. But whatever advantage may be derived

from such permanent discriminations must be abandoned by a democracy. It

cannot afford to give any one class of its citizens a permanent

advantage or to others a permanent grievance. It ceases to be a

democracy, just as soon as any permanent privileges are conferred by its

institutions or its laws; and this equality of right and absence of

permanent privilege is the expression of a fundamental social interest.

But the principle of equal rights, like the principle of ultimate

popular political responsibility, is not sufficient; and because of its

insufficiency results in certain dangerous ambiguities and

self-contradictions. American political thinkers have always repudiated

the idea that by equality of rights they meant anything like equality of

performance or power. The utmost varieties of individual power and

ability are bound to exist and are bound to bring about many different

levels of individual achievement. Democracy both recognizes the right of

the individual to use his powers to the utmost, and encourages him to do

so by offering a fair field and, in cases of success, an abundant

reward. The democratic principle requires an equal start in the race,

while expecting at the same time an unequal finish. But Americans who

talk in this way seem wholly blind to the fact that under a legal system

which holds private property sacred there may be equal rights, but there

cannot possibly be any equal opportunities for exercising such rights.

The chance which the individual has to compete with his fellows and take

a prize in the race is vitally affected by material conditions over

which he has no control. It is as if the competitor in a Marathon cross

country run were denied proper nourishment or proper training, and was

obliged to toe the mark against rivals who had every benefit of food and

discipline. Under such conditions he is not as badly off as if he were

entirely excluded from the race. With the aid of exceptional strength

and intelligence he may overcome the odds against him and win out. But

it would be absurd to claim, because all the rivals toed the same mark,

that a man's victory or defeat depended exclusively on his own efforts.

Those who have enjoyed the benefits of wealth and thorough education

start with an advantage which can be overcome only in very exceptional

men,--men so exceptional, in fact, that the average competitor without

such benefits feels himself disqualified for the contest.

Because of the ambiguity indicated above, different people with

different interests, all of them good patriotic Americans, draw very

different inferences from the doctrine of equal rights. The man of

conservative ideas and interests means by the rights, which are to be

equally exercised, only those rights which are defined and protected by

the law--the more fundamental of which are the rights to personal

freedom and to private property. The man of radical ideas, on the other

hand, observing, as he may very clearly, that these equal rights cannot

possibly be made really equivalent to equal opportunities, bases upon

the same doctrine a more or less drastic criticism of the existing

economic and social order and sometimes of the motives of its

beneficiaries and conservators. The same principle, differently

interpreted, is the foundation of American political orthodoxy and

American political heterodoxy. The same measure of reforming

legislation, such as the new Inter-state Commerce Law, seems to one

party a wholly inadequate attempt to make the exercise of individual

rights a little more equal, while it seems to others an egregious

violation of the principle itself. What with reforming legislation on

the one hand and the lack of it on the other, the once sweet air of the

American political mansion is soured by complaints. Privileges and

discriminations seem to lurk in every political and economic corner. The

"people" are appealing to the state to protect them against the

usurpations of the corporations and the Bosses. The government is

appealing to the courts to protect the shippers against the railroads.

The corporations are appealing to the Federal courts to protect them

from the unfair treatment of state legislatures. Employers are fighting

trades-unionism, because it denies equal rights to their employers. The

unionists are entreating public opinion to protect them against the

unfairness of "government by injunction." To the free trader the whole

protectionist system seems a flagrant discrimination on behalf of a

certain portion of the community. Everybody seems to be clamoring for a

"Square Deal" but nobody seems to be getting it.

The ambiguity of the principle of equal rights and the resulting

confusion of counsel are so obvious that there must be some good reason

for their apparently unsuspected existence. The truth is that Americans

have not readjusted their political ideas to the teaching of their

political and economic experience. For a couple of generations after

Jefferson had established the doctrine of equal rights as the

fundamental principle of the American democracy, the ambiguity resident

in the application of the doctrine was concealed. The Jacksonian

Democrats, for instance, who were constantly nosing the ground for a

scent of unfair treatment, could discover no example of political

privileges, except the continued retention of their offices by

experienced public servants; and the only case of economic privilege of

which they were certain was that of the National Bank. The fact is, of

course, that the great majority of Americans were getting a "Square

Deal" as long as the economic opportunities of a new country had not

been developed and appropriated. Individual and social interest did

substantially coincide as long as so many opportunities were open to the

poor and untrained man, and as long as the public interest demanded

first of all the utmost celerity of economic development. But, as we

have seen in a preceding chapter, the economic development of the

country resulted inevitably in a condition which demanded on the part of

the successful competitor either increasing capital, improved training,

or a larger amount of ability and energy. With the advent of comparative

economic and social maturity, the exercise of certain legal rights

became substantially equivalent to the exercise of a privilege; and if

equality of opportunity was to be maintained, it could not be done by

virtue of non-interference. The demands of the "Higher Law" began to

diverge from the results of the actual legal system.

Public opinion is, of course, extremely loth to admit that there exists

any such divergence of individual and social interest, or any such

contradiction in the fundamental American principle. Reformers no less

than conservatives have been doggedly determined to place some other

interpretation upon the generally recognized abuses; and the

interpretation on which they have fastened is that some of the victors

have captured too many prizes, because they did not play fair. There is

just enough truth in this interpretation to make it plausible, although,

as we have seen, the most flagrant examples of apparent cheating were

due as much to equivocal rules as to any fraudulent intention. But

orthodox public opinion is obliged by the necessities of its own

situation to exaggerate the truth of its favorite interpretation; and

any such exaggeration is attended with grave dangers, precisely because

the ambiguous nature of the principle itself gives a similar ambiguity

to its violations. The cheating is understood as disobedience to the

actual law, or as violation of a Higher Law, according to the interests

and preconceptions of the different reformers; but however it is

understood, they believe themselves to be upholding some kind of a Law,

and hence endowed with some kind of a sacred mission.

Thus the want of integrity in what is supposed to be the formative

principle of democracy results, as it did before the Civil War, in a

division of the actual substance of the nation. Men naturally disposed

to be indignant at people with whom they disagree come to believe that

their indignation is comparable to that of the Lord. Men naturally

disposed to be envious and suspicious of others more fortunate than

themselves come to confuse their suspicions with a duty to the society.

Demagogues can appeal to the passions aroused by this prevailing sense

of unfair play for the purpose of getting themselves elected to office

or for the purpose of passing blundering measures of repression. The

type of admirable and popular democrat ceases to be a statesman,

attempting to bestow unity and health on the body politic by prescribing

more wholesome habits of living. He becomes instead a sublimated

District Attorney, whose duty it is to punish violations both of the

actual and the "Higher Law." Thus he is figured as a kind of an avenging

angel; but (as it happens) he is an avenging angel who can find little

to avenge and who has no power of flight. There is an enormous

discrepancy between the promises of these gentlemen and their

performances, no matter whether they occupy an executive office, the

editorial chairs of yellow journals, or merely the place of public

prosecutor; and it sometimes happens that public prosecutors who have

played the part of avenging angels before election, are, as Mr. William

Travers Jerome knows, themselves prosecuted after a few years of office

by their aggrieved constituents. The truth is that these gentlemen are

confronted by a task which is in a large measure impossible, and which,

so far as possible, would be either disappointing or dangerous in its

results.

Hence it is that continued loyalty to a contradictory principle is

destructive of a wholesome public sentiment and opinion. A wholesome

public opinion in a democracy is one which keeps a democracy sound and

whole; and it cannot prevail unless the individuals composing it

recognize mutual ties and responsibilities which lie deeper than any

differences of interest and idea. No formula whose effect on public

opinion is not binding and healing and unifying has any substantial

claim to consideration as the essential and formative democratic idea.

Belief in the principle of equal rights does not bind, heal, and unify

public opinion. Its effect rather is confusing, distracting, and at

worst, disintegrating. A democratic political organization has no

immunity from grievances. They are a necessary result of a complicated

and changing industrial and social organism. What is good for one

generation will often be followed by consequences that spell deprivation

for the next. What is good for one man or one class of men will bring

ills to other men or classes of men. What is good for the community as a

whole may mean temporary loss and a sense of injustice to a minority.

All grievances from any cause should receive full expression in a

democracy, but, inasmuch as the righteously discontented must be always

with us, the fundamental democratic principle should, above all, counsel

mutual forbearance and loyalty. The principle of equal rights encourages

mutual suspicion and disloyalty. It tends to attribute individual and

social ills, for which general moral, economic, and social causes are

usually in large measure responsible, to individual wrong-doing; and in

this way it arouses and intensifies that personal and class hatred,

which never in any society lies far below the surface. Men who have

grievances are inflamed into anger and resentment. In claiming what they

believe to be their rights, they are in their own opinion acting on

behalf not merely of their interests, but of an absolute democratic

principle. Their angry resentment becomes transformed in their own minds

into righteous indignation; and there may be turned loose upon the

community a horde of self-seeking fanatics--like unto those soldiers in

the religious wars who robbed and slaughtered their opponents in the

service of God.

II

DEMOCRACY AND DISCRIMINATION

The principle of equal rights has always appealed to its more patriotic

and sensible adherents as essentially an impartial rule of political

action--one that held a perfectly fair balance between the individual

and society, and between different and hostile individual and class

interests. But as a fundamental principle of democratic policy it is as

ambiguous in this respect as it is in other respects. In its traditional

form and expression it has concealed an extremely partial interest under

a formal proclamation of impartiality. The political thinker who

popularized it in this country was not concerned fundamentally with

harmonizing the essential interest of the individual with the essential

popular or social interest. Jefferson's political system was intended

for the benefit only of a special class of individuals, viz., those

average people who would not be helped by any really formative rule or

method of discrimination. In practice it has proved to be inimical to

individual liberty, efficiency, and distinction. An insistent demand for

equality, even in the form of a demand for equal rights, inevitably has

a negative and limiting effect upon the free and able exercise of

individual opportunities. From the Jeffersonian point of view democracy

would incur a graver danger from a violation of equality than it would

profit from a triumphant assertion of individual liberty. Every

opportunity for the edifying exercise of power, on the part either of an

individual, a group of individuals, or the state is by its very nature

also an opportunity for its evil exercise. The political leader whose

official power depends upon popular confidence may betray the trust. The

corporation employing thousands of men and supplying millions of people

with some necessary service or commodity may reduce the cost of

production only for its own profit. The state may use its great

authority chiefly for the benefit of special interests. The advocate of

equal rights is preoccupied by these opportunities for the abusive

exercise of power, because from his point of view rights exercised in

the interest of inequality have ceased to be righteous. He distrusts

those forms of individual and associated activity which give any

individual or association substantial advantages over their associates.

He becomes suspicious of any kind of individual and social distinction

with the nature and effects of which he is not completely familiar.

A democracy of equal rights may tend to encourage certain expressions of

individual liberty; but they are few in number and limited in scope. It

rejoices in the freedom of its citizens, provided this freedom receives

certain ordinary expressions. It will follow a political leader, like

Jefferson or Jackson, with a blind confidence of which a really free

democracy would not be capable, because such leaders are, or claim to be

in every respect, except their prominence, one of the "people."

Distinction of this kind does not separate a leader from the majority.

It only ties them together more firmly. It is an acceptable assertion of

individual liberty, because it is liberty converted by its exercise into

a kind of equality. In the same way the American democracy most

cordially admired for a long time men, who pursued more energetically

and successfully than their fellows, ordinary business occupations,

because they believed that such familiar expressions of individual

liberty really tended towards social and industrial homogeneity. Herein

they were mistaken; but the supposition was made in good faith, and it

constitutes the basis of the Jeffersonian Democrat's illusion in

reference to his own interest in liberty. He dislikes or ignores

liberty, only when it looks in the direction of moral and intellectual

emancipation. In so far as his influence has prevailed, Americans have

been encouraged to think those thoughts and to perform those acts which

everybody else is thinking and performing.

The effect of a belief in the principle of "equal rights" on freedom is,

however, most clearly shown by its attitude toward Democratic political

organization and policy. A people jealous of their rights are not

sufficiently afraid of special individual efficiency and distinction to

take very many precautions against it. They greet it oftener with

neglect than with positive coercion. Jeffersonian Democracy is, however,

very much afraid of any examples of associated efficiency. Equality of

rights is most in clanger of being violated when the exercise of rights

is associated with power, and any unusual amount of power is usually

derived from the association of a number of individuals for a common

purpose. The most dangerous example of such association is not, however,

a huge corporation or a labor union; it is the state. The state cannot

be bound hand and foot by the law, as can a corporation, because it

necessarily possesses some powers of legislation; and the power to

legislate inevitably escapes the limitation of the principle of equal

rights. The power to legislate implies the power to discriminate; and

the best way consequently for a good democracy of equal rights to avoid

the danger of discrimination will be to organize the state so that its

power for ill will be rigidly restricted. The possible preferential

interference on the part of a strong and efficient government must be

checked by making the government feeble and devoid of independence. The

less independent and efficient the several departments of the government

are permitted to become, the less likely that the government as a whole

will use its power for anything but a really popular purpose.

In the foregoing type of political organization, which has been very

much favored by the American democracy, the freedom of the official

political leader is sacrificed for the benefit of the supposed freedom

of that class of equalized individuals known as the "people," but by the

"people" Jefferson and his followers have never meant all the people or

the people as a whole. They have meant a sort of apotheosized

majority--the people in so far as they could be generalized and reduced

to an average. The interests of this class were conceived as inimical to

any discrimination which tended to select peculiarly efficient

individuals or those who were peculiarly capable of social service. The

system of equal rights, particularly in its economic and political

application _has_ worked for the benefit of such a class, but rather in

its effect upon American intelligence and morals, than in its effect

upon American political and economic development. The system, that is,

has only partly served the purpose of its founder and his followers, and

it has failed because it did not bring with it any machinery adequate

even to its own insipid and barren purposes. Even the meager social

interest which Jefferson concealed under cover of his demand for equal

rights could not be promoted without some effective organ of social

responsibility; and the Democrats of to-day are obliged, as we have

seen, to invoke the action of the central government to destroy those

economic discriminations which its former inaction had encouraged. But

even so the traditional democracy still retains its dislike of

centralized and socialized responsibility. It consents to use the

machinery of the government only for a negative or destructive object.

Such must always be the case as long as it remains true to its

fundamental principle. That principle defines the social interest merely

in the terms of an indiscriminate individualism--which is the one kind

of individualism murderous to both the essential individual and the

essential social interest.

The net result has been that wherever the attempt to discriminate in

favor of the average or indiscriminate individual has succeeded, it has

succeeded at the expense of individual liberty, efficiency, and

distinction; but it has more often failed than succeeded. Whenever the

exceptional individual has been given any genuine liberty, he has

inevitably conquered. That is the whole meaning of the process of

economic and social development traced in certain preceding chapters.

The strong and capable men not only conquer, but they seek to perpetuate

their conquests by occupying all the strategic points in the economic

and political battle-field--whereby they obtain certain more or less

permanent advantages over their fellow-democrats. Thus in so far as the

equal rights are freely exercised, they are bound to result in

inequalities; and these inequalities are bound to make for their own

perpetuation, and so to provoke still further discrimination. Wherever

the principle has been allowed to mean what it seems to mean, it has

determined and encouraged its own violation. The marriage which it is

supposed to consecrate between liberty and equality gives birth to

unnatural children, whose nature it is to devour one or the other of

their parents.

The only way in which the thorough-going adherent of the principle of

equal rights can treat these tendencies to discrimination, when they

develop, is rigidly to repress them; and this tendency to repression is

now beginning to take possession of those Americans who represent the

pure Democratic tradition. They propose to crush out the chief examples

of effective individual and associated action, which their system of

democracy has encouraged to develop. They propose frankly to destroy, so

far as possible, the economic organization which has been built up under

stress of competitive conditions; and by assuming such an attitude they

have fallen away even from the pretense of impartiality, and have come

out as frankly representative of a class interest. But even to assert

this class interest efficiently they have been obliged to abandon, in

fact if not in word, their correlative principle of national

irresponsibility. Whatever the national interest may be, it is not to be

asserted by the political practice of non-interference. The hope of

automatic democratic fulfillment must be abandoned. The national

government must stop in and discriminate; but it must discriminate, not

on behalf of liberty and the special individual, but on behalf of

equality and the average man.

Thus the Jeffersonian principle of national irresponsibility can no

longer be maintained by those Democrats who sincerely believe that the

inequalities of power generated in the American economic and political

system are dangerous to the integrity of the democratic state. To this

extent really sincere followers of Jefferson are obliged to admit the

superior political wisdom of Hamilton's principle of national

responsibility, and once they have made this admission, they have

implicitly abandoned their contention that the doctrine of equal rights

is a sufficient principle of democratic political action. They have

implicitly accepted the idea that the public interest is to be asserted,

not merely by equalizing individual rights, but by controlling

individuals in the exercise of those rights. The national public

interest has to be affirmed by positive and aggressive fiction. The

nation has to have a will and a policy as well as the individual; and

this policy can no longer be confined to the merely negative task of

keeping individual rights from becoming in any way privileged.

The arduous and responsible political task which a nation in its

collective capacity must seek to perform is that of selecting among the

various prevailing ways of exercising individual rights those which

contribute to national perpetuity and integrity. Such selection implies

some interference with the natural course of popular notion; and that

interference is always costly and may be harmful either to the

individual or the social interest must be frankly admitted. He would be

a foolish Hamiltonian who would claim that a state, no matter how

efficiently organized and ably managed, will not make serious and

perhaps enduring mistakes; but he can answer that inaction and

irresponsibility are more costly and dangerous than intelligent and

responsible interference. The practice of non-interference is just as

selective in its effects as the practice of state interference. It means

merely that the nation is willing to accept the results of natural

selection instead of preferring to substitute the results of artificial

selection. In one way or another a nation is bound to recognize the

results of selection. The Hamiltonian principle of national

responsibility recognizes the inevitability of selection; and since it

is inevitable, is not afraid to interfere on behalf of the selection of

the really fittest. If a selective policy is pursued in good faith and

with sufficient intelligence, the nation will at least be learning from

its mistakes. It should find out gradually the kind and method of

selection, which is most desirable, and how far selection by

non-interference is to be preferred to active selection.

As a matter of fact the American democracy both in its central and in

its local governments has always practiced both methods of selection.

The state governments have sedulously indulged in a kind of interference

conspicuous both for its activity and its inefficiency. The Federal

government, on the other hand, has been permitted to interfere very much

less; but even during the palmiest days of national irresponsibility it

did not altogether escape active intervention. A protective tariff is,

of course, a plain case of preferential class legislation, and so was

the original Inter-state Commerce Act. They were designed to substitute

artificial preferences for those effected by unregulated individual

action, on the ground that the proposed modification of the natural

course of trade would contribute to the general economic prosperity. No

less preferential in purpose are the measures of reform recently enacted

by the central government. The amended Inter-state Commerce Law largely

increases the power of possible discrimination possessed by the Federal

Commission. The Pure Food Bill forbids many practices, which have arisen

in connection with the manufacture of food products, and discriminates

against the perpetrators of such practices. Factory legislation or laws

regulating the hours of labor have a similar meaning and justification.

It is not too much to say that substantially all the industrial

legislation, demanded by the "people" both here and abroad and passed in

the popular interest, has been based essentially on class

discrimination.

The situation which these laws are supposed to meet is always the same.

A certain number of individuals enjoy, in the beginning, equal

opportunities to perform certain acts; and in the competition resulting

there from some of these individuals or associations obtain advantages

over their competitors, or over their fellow-citizens whom they employ

or serve. Sometimes these advantages and the practices whereby they are

obtained are profitable to a larger number of people than they injure.

Sometimes the reverse is true. In either event the state is usually

asked to interfere by the class whose economic position has been

compromised. It by no means follows that the state should acquiesce in

this demand. In many cases interference may be more costly than

beneficial. Each case must be considered on its merits. But whether in

any particular case the state takes sides or remains impartial, it most

assuredly has a positive function to perform on the promises. If it

remains impartial, it simply agrees to abide by the results of natural

selection. If it interferes, it seeks to replace natural with artificial

discrimination. In both cases it authorizes discriminations which in

their effect violate the doctrine of "equal rights." Of course, a

reformer can always claim that any particular measure of reform proposes

merely to restore to the people a "Square Deal"; but that is simply an

easy and thoughtless way of concealing novel purposes under familiar

formulas. Any genuine measure of economic or political reform will, of

course, give certain individuals better opportunities than those they

have been recently enjoying, but it will reach this result only by

depriving other individuals of advantages which they have earned.

Impartiality is the duty of the judge rather than the statesman, of the

courts rather than the government. The state which proposes to draw a

ring around the conflicting interests of its citizens and interfere only

on behalf of a fair fight will be obliged to interfere constantly and

will never accomplish its purpose. In economic warfare, the fighting can

never be fair for long, and it is the business of the state to see that

its own friends are victorious. It holds, if you please, itself a hand

in the game. The several players are playing, not merely with one

another, but with the political and social bank. The security and

perpetuity of the state and of the individual in so far an he is a

social animal, depend upon the victory of the national interest--as

represented both in the assurance of the national profit and in the

domination of the nation's friends. It is in the position of the bank at

Monte Carlo, which does not pretend to play fair, but which frankly

promulgates rules advantageous to itself. Considering the percentage in

its favor and the length of its purse, it cannot possibly lose. It is

not really gambling; and it does not propose to take any unnecessary

risks. Neither can a state, democratic or otherwise, which believes in

its own purpose. While preserving at times an appearance of impartiality

so that its citizens may enjoy for a while a sense of the reality of

their private game, it must on the whole make the rules in its own

interest. It must help those men to win who are most capable of using

their winnings for the benefit of society.

III

CONSTRUCTIVE DISCRIMINATION

Assuming, then, that a democracy cannot avoid the constant assertion of

national responsibility for the national welfare, an all-important

question remains as to the way in which and the purpose for which this

interference should be exercised. Should it be exercised on behalf of

individual liberty? Should it be exercised on behalf of social equality?

Is there any way in which it can be exercised on behalf both of liberty

and equality?

Hamilton and the constitutional liberals asserted that the state should

interfere exclusively on behalf of individual liberty; but Hamilton was

no democrat and was not outlining the policy of a democratic state. In

point of fact democracies have never been satisfied with a definition of

democratic policy in terms of liberty. Not only have the particular

friends of liberty usually been hostile to democracy, but democracies

both in idea and behavior have frequently been hostile to liberty; and

they have been justified in distrusting a political régime organized

wholly or even chiefly for its benefit. "La Liberté," says Mr. Emile

Faguet, in the preface to his "Politiques et Moralistes du Dix-Neuvième

Siècle"--"La Liberté s'oppose à l'Égalité, car La Liberté est

aristocratique par essence. La Liberté ne se donne jamais, ne s'octroie

jamais; elle se conquiert. Or ne peuvent la conquérir que des groupes

sociaux qui out su se donne la cohérence, l'organisation et la

discipline et qui par conséquent, sont des groupes aristocratiques."

The fact that states organized exclusively or largely for the benefit

of liberty are essentially aristocratic explains the hostile and

suspicious attitude of democracies towards such a principle of political

action.

Only a comparatively small minority are capable at any one time of

exercising political, economic, and civil liberties in an able,

efficient, or thoroughly worthy manner; and a régime wrought for the

benefit of such a minority would become at best a state, in which

economic, political, and social power would be very unevenly

distributed--a state like the Orleans Monarchy in France of the

"Bourgeoisie" and the "Intellectuals." Such a state might well give its

citizens fairly good government, as did the Orleans Monarchy; but just

in so far as the mass of the people had any will of its own, it could

not arouse vital popular interest and support; and it could not

contribute, except negatively, to the fund of popular good sense and

experience. The lack of such popular support caused the death of the

French liberal monarchy; and no such régime can endure, save, as in

England, by virtue of a somewhat abject popular acquiescence. As long as

it does endure, moreover, it tends to undermine the virtue of its own

beneficiaries. The favored minority, feeling as they do tolerably sure

of their position, can scarcely avoid a habit of making it somewhat too

easy for one another. The political, economic, and intellectual leaders

begin to be selected without any sufficient test of their efficiency.

Some sort of a test continues to be required; but the standards which

determine it drift into a condition of being narrow, artificial, and

lax. Political, intellectual, and social leadership, in order to

preserve its vitality needs a feeling of effective responsibility to a

body of public opinion as wide, as varied, and as exacting as that of

the whole community.

The desirable democratic object, implied in the traditional democratic

demand for equality, consists precisely in that of bestowing a share of

the responsibility and the benefits, derived from political and economic

association, upon the whole community. Democracies have assumed and have

been right in assuming that a proper diffusion of effective

responsibility and substantial benefits is the one means whereby a

community can be supplied with an ultimate and sufficient bond of union.

The American democracy has attempted to manufacture a sufficient bond

out of the equalization of rights: but such a bond is, as we have seen,

either a rope of sand or a link of chains. A similar object must be

achieved in some other way; and the ultimate success of democracy

depends upon its achievement.

The fundamental political and social problem of a democracy may be

summarized in the following terms. A democracy, like every political and

social group, is composed of individuals, and must be organized for the

benefit of its constituent members. But the individual has no chance of

effective personal power except by means of the secure exercise of

certain personal rights. Such rights, then, must be secured and

exercised; yet when they are exercised, their tendency is to divide the

community into divergent classes. Even if enjoyed with some equality in

the beginning, they do not continue to be equally enjoyed, but make

towards discriminations advantageous to a minority. The state, as

representing the common interest, is obliged to admit the inevitability

of such classifications and divisions, and has itself no alternative but

to exercise a decisive preference on behalf of one side or the other. A

well-governed state will use its power to promote edifying and desirable

discriminations. But if discriminations tend to divide the community,

and the state itself cannot do more than select among the various

possible cases of discrimination those which it has some reason to

prefer, how is the solidarity of the community to be preserved? And

above all, how is a democratic community, which necessarily includes

everybody in its benefits and responsibilities, to be kept well united?

Such a community must retain an ultimate bond of union which counteracts

the divergent effect of the discriminations, yet which at the same time

is not fundamentally hostile to individual liberties.

The clew to the best available solution of the problem is supplied by a

consideration of the precise manner, in which the advantages derived

from the efficient exercise of liberties become inimical to a wholesome

social condition. The hostility depends, not upon the existence of such

advantageous discriminations for a time, but upon their persistence for

too long a time. When, either from natural or artificial causes, they

are properly selected, they contribute at the time of their selection

both to individual and to social efficiency. They have been earned, and

it is both just and edifying that, in so far as they have been earned,

they should be freely enjoyed. On the other hand, they should not, so

far as possible, be allowed to outlast their own utility. They must

continue to be earned. It is power and opportunity enjoyed without being

earned which help to damage the individual--both the individuals who

benefit and the individuals who consent--and which tend to loosen the

ultimate social bond. A democracy, no less than a monarchy or an

aristocracy, must recognize political, economic, and social

discriminations, but it must also manage to withdraw its consent

whenever these discriminations show any tendency to excessive endurance.

The essential wholeness of the community depends absolutely on the

ceaseless creation of a political, economic, and social aristocracy and

their equally incessant replacement.

Both in its organization and in its policy a democratic state has

consequently to seek two different but supplementary objects. It is the

function of such a state to represent the whole community; and the whole

community includes the individual as well as the mass, the many as well

as the few. The individual is merged in the mass, unless he is enabled

to exercise efficiently and independently his own private and special

purposes. He must not only be permitted, he must be encouraged to earn

distinction; and the best way in which he can be encouraged to earn

distinction is to reward distinction both by abundant opportunity and

cordial appreciation. Individual distinction, resulting from the

efficient performance of special work, is not only the foundation of all

genuine individuality, but is usually of the utmost social value. In so

far as it is efficient, it has a tendency to be constructive. It both

inserts some member into the social edifice which forms for the time

being a desirable part of the whole structure, but it tends to establish

a standard of achievement which may well form a permanent contribution

to social amelioration. It is useful to the whole community, not because

it is derived from popular sources or conforms to popular standards, but

because it is formative and so helps to convert the community into a

well-formed whole.

Distinction, however, even when it is earned, always has a tendency to

remain satisfied with its achievements, and to seek indefinitely its own

perpetuation. When such a course is pursued by an efficient and

distinguished individual, he is, of course, faithless to the meaning and

the source of his own individual power. In abandoning and replacing him

a democracy is not recreant to the principle of individual liberty. It

is merely subjecting individual liberty to conditions which promote and

determine its continued efficiency. Such conditions never have been and

never will be imposed for long by individuals or classes of individuals

upon themselves. They must be imposed by the community, and nothing less

than the whole community. The efficient exercise of individual power is

necessary to form a community and make it whole, but the duty of keeping

it whole rests with the community itself. It must consciously and

resolutely preserve the social benefit, derived from the achievements of

its favorite sons; and the most effective means thereto is that of

denying to favoritism of all kinds the opportunity of becoming a mere

habit.

The specific means whereby this necessary and formative favoritism can

be prevented from becoming a mere habit vary radically among the

different fields of personal activity. In the field of intellectual work

the conditions imposed upon the individual must for the most part be the

creation of public opinion; and in its proper place this aspect of the

relation between individuality and democracy will receive special

consideration. In the present connection, however, the relation of

individual liberty to democratic organization and policy can be

illustrated and explained most helpfully by a consideration of the

binding and formative conditions of political and economic liberty.

Democracies have always been chiefly preoccupied with the problems

raised by the exercise of political and economic opportunities, because

success in politics and business implies the control of a great deal of

physical power and the consequent possession by the victors in a

peculiar degree of both the motive and the means to perpetuate their

victory.

The particular friends of freedom, such as Hamilton and the French

"doctrinaires," have always believed that both civil and political

liberty depended on the denial of popular Sovereignty and the rigid

limitation of the suffrage. Of course, a democrat cannot accept such a

conclusion. He should doubtless admit that the possession of absolute

Sovereign power is always liable to abuse; and if he is candid, he can

hardly fail to add that democratic favoritism is subject to the same

weakness as aristocratic or royal favoritism. It tends, that is, to make

individuals seek distinction not by high individual efficiency, but by

compromises in the interest of useful popularity. It would be vain to

deny the gravity of this danger or the extent to which, in the best of

democracies, the seekers after all kinds of distinction have been

hypnotized by an express desire for popularity. But American statesmen

have not always been obliged to choose between Hamilton's unpopular

integrity and Henry Clay's unprincipled bidding for popular favor. The

greatest American political leaders have been popular without any

personal capitulation; and their success is indicative of what is

theoretically the most wholesome relation between individual political

liberty and a democratic distribution of effective political power. The

highest and most profitable individual political distinction is that

which is won from a large field and from a whole people. Political, even

more than other kinds of distinction, should not be the fruit of a

limited area of selection. It must be open to everybody, and it must be

acceptable to the community as a whole. In fact, the concession of

substantially equal political rights is an absolute condition of any

fundamental political bond. Grave as are the dangers which a democratic

political system incurs, still graver ones are incurred by a rigidly

limited electoral organization. A community, so organized, betrays a

fundamental lack of confidence in the mutual loyalty and good faith of

its members, and such a community can remain well united only at the

cost of a mixture of patronage and servility.

The limitation of the suffrage to those who are individually capable of

making the best use of it has the appearance of being reasonable; and it

has made a strong appeal to those statesmen and thinkers who believed in

the political leadership of intelligent and educated men. Neither can it

be denied that a rigidly restricted suffrage might well make in the

beginning for administrative efficiency and good government. But it must

never be forgotten that a limited suffrage confines ultimate political

responsibility, not only to a number of peculiarly competent

individuals, but to a larger or smaller class; and in the long run a

class is never to be trusted to govern in the interest of the whole

community. A democracy should encourage the political leadership of

experienced, educated, and well-trained men, but only on the express

condition that their power is delegated and is to be used, under severe

penalties, for the benefit of the people as a whole. A limited suffrage

secures governmental efficiency, if at all, at the expense of the

political education and training of the disfranchised class, and at the

expense, also, of a permanent and radical popular political grievance. A

substantially universal suffrage merely places the ultimate political

responsibility in the hands of those for whose benefit governments are

created; and its denial can be justified only on the ground that the

whole community is incapable of exercising the responsibility. Such

cases unquestionably exist. They exist wherever the individuals

constituting a community, as at present in the South, are more divided

by social or class ambitions and prejudices than they are united by a

tradition of common action and mutual loyalty. But wherever the whole

people are capable of thinking, feeling, and acting as if they

constituted a whole, universal suffrage, even if it costs something in

temporary efficiency, has a tendency to be more salutary and more

formative than a restricted suffrage.

The substantially equal political rights enjoyed by the American people

for so many generations have not proved dangerous to the civil liberties

of the individual and, except to a limited extent, not to his political

liberty. Of course, the American democracy has been absolutely opposed

to the delegation to individuals of official political power, except

under rigid conditions both as to scope and duration; and the particular

friends of liberty have always claimed that such rigid conditions

destroyed individual political independence and freedom. Hamilton, for

instance, was insistent upon the necessity of an upper house consisting

of life-members who would not be dependent on popular favor for their

retention of office. But such proposals have no chance of prevailing in

a sensible democracy. A democracy is justified in refusing to bestow

permanent political power upon individuals, because such permanent

tenure of office relaxes oftener than it stimulates the efficiency of

the favored individual, and makes him attach excessive importance to

mere independence. The official leaders of a democracy should, indeed,

hold their offices under conditions which will enable them to act and

think independently; but independence is really valuable only when the

officeholder has won it from his own followers. Under any other

conditions it is not only peculiarly liable to abuse, but it deprives

the whole people of that ultimate responsibility for their own welfare,

without which democracy is meaningless. A democracy is or should be

constantly delegating an effective share in this responsibility to its

official leaders, but only on condition that the power and

responsibility delegated is partial and is periodically resumed.

The only Americans who hold important official positions for life are

the judges of the Federal courts. Radical democrats have always

protested against this exception, which, nevertheless, can be permitted

without any infringement of democratic principles. The peculiar position

of the Federal judge is symptomatic of the peculiar importance in the

American system of the Federal Constitution. A senator would be less

likely to be an efficient and public-spirited legislator, in case he

were not obliged at regular intervals to prove title to his distinction.

A justice of the Supreme Court, on the other hand, can the better

perform his special task, provided he has a firm and permanent hold upon

his office. He cannot, to be sure, entirely escape responsibility to

public opinion, but his primary duty is to expound the Constitution as

he understands it; and it is a duty which demands the utmost personal

independence. The fault with the American system in this respect

consists not in the independence of the Federal judiciary, but in the

practical immutability of the Constitution. If the instrument which the

Supreme Court expounds could be altered whenever a sufficiently large

body of public opinion has demanded a change for a sufficiently long

time, the American democracy would have much more to gain than to fear

from the independence of the Federal judiciary.

The interest of individual liberty in relation to the organization of

democracy demands simply that the individual officeholder should possess

an amount of power and independence adequate to the efficient

performance of his work. The work of a justice of the Supreme Court

demands a power that is absolute for its own special work, and it

demands technically complete independence. An executive should, as a

rule, serve for a longer term, and hold a position of greater

independence than a legislator, because his work of enforcing the laws

and attending to the business details of government demands continuity,

complete responsibility within its own sphere, and the necessity

occasionally of braving adverse currents of public opinion. The term of

service and the technical independence of a legislator might well be

more restricted than that of an executive; but even a legislator should

be granted as much power and independence as he may need for the

official performance of his public duty. The American democracy has

shown its enmity to individual political liberty, not because it has

required its political favorites constantly to seek reëlection, but

because it has since 1800 tended to refuse to its favorites during their

official term as much power and independence as is needed for

administrative, legislative, and judicial efficiency. It has been

jealous of the power it delegated, and has tried to take away with one

hand what it gave with the other.

Taking American political traditions, ideals, institutions, and

practices as a whole, there is no reason to believe that the American

democracy cannot and will not combine sufficient opportunities for

individual political distinction with an effective ultimate popular

political responsibility. The manner in which the combination has been

made hitherto is far from flawless, and the American democracy has much

to learn before it reaches an organization adequate to its own proper

purposes. It must learn, above all, that the state, and the individuals

who are temporarily responsible for the action of the state, must be

granted all the power necessary to redeem that responsibility.

Individual opportunity and social welfare both depend upon the learning

of this lesson; and while it is still very far from being learned, the

obstacles in the way are not of a disheartening nature.

With the economic liberty of the individual the case is different. The

Federalists refrained from protecting individual political rights by

incorporating in the Constitution any limitation of the suffrage; but

they sought to protect the property rights of the individual by the most

absolute constitutional guarantees. Moreover, American practice has

allowed the individual a far larger measure of economic liberty than is

required by the Constitution; and this liberty was granted in the

expectation that it would benefit, not the individual as such, but the

great mass of the American people. It has undoubtedly benefited the

great mass of the American people; but it has been of far more benefit

to a comparatively few individuals. Americans are just beginning to

learn that the great freedom which the individual property-owner has

enjoyed is having the inevitable result of all unrestrained exercise of

freedom. It has tended to create a powerful but limited class whose

chief object it is to hold and to increase the power which they have

gained; and this unexpected result has presented the American democracy

with the most difficult and radical of its problems. Is it to the

interest of the American people as a democracy to permit the increase or

the perpetuation of the power gained by this aristocracy of money?

A candid consideration of the foregoing question will, I believe, result

in a negative answer. A democracy has as much interest in regulating for

its own benefit the distribution of economic power as it has the

distribution of political power, and the consequences of ignoring this

interest would be as fatal in one case as in the other. In both

instances regulation in the democratic interest is as far as possible

from meaning the annihilation of individual liberty; but in both

instances individual liberty should be subjected to conditions which

will continue to keep it efficient and generally serviceable. Individual

economic power is not any more dangerous than individual political

power--provided it is not held too absolutely and for too long a time.

But in both cases the interest of the community as a whole should be

dominant; and the interest of the whole community demands a considerable

concentration of economic power and responsibility, but only for the

ultimate purpose of its more efficient exercise and the better

distribution of its fruits.

That certain existing American fortunes have in their making been of the

utmost benefit to the whole economic organism is to my mind

unquestionably the fact. Men like Mr. J. Pierpont Morgan, Mr. Andrew

Carnegie, Mr. James J. Hill, and Mr. Edward Harriman have in the course

of their business careers contributed enormously to American economic

efficiency. They have been overpaid for their services, but that is

irrelevant to the question immediately under consideration. It is

sufficient that their economic power has been just as much earned by

substantial service as was the political power of a man like Andrew

Jackson; and if our country is to continue its prosperous economic

career, it must retain an economic organization which will offer to men

of this stamp the opportunity and the inducement to earn distinction.

The rule which has already been applied to the case of political power

applies, also, to economic power. Individuals should enjoy as much

freedom from restraint, as much opportunity, and as much responsibility

as is necessary for the efficient performance of their work. Opinions

will differ as to the extent of this desirable independence and its

associated responsibility. The American millionaire and his supporters

claim, of course, that any diminution of opportunity and independence

would be fatal. To dispute this inference, however, does not involve the

abandonment of the rule itself. A democratic economic system, even more

than a democratic political system, must delegate a large share of

responsibility and power to the individual, but under conditions, if

possible, which will really make for individual efficiency and

distinction.

The grievance which a democrat may feel towards the existing economic

system is that it makes only partially for genuine individual economic

efficiency and distinction. The political power enjoyed by an individual

American rarely endures long enough to survive its own utility. But

economic power can in some measure at least be detached from its

creator. Let it be admitted that the man who accumulates $50,000,000 in

part earns it, but how about the man who inherits it? The inheritor of

such a fortune, like the inheritor of a ducal title, has an opportunity

thrust upon him. He succeeds to a colossal economic privilege which he

has not earned and for which he may be wholly incompetent. He rarely

inherits with the money the individual ability possessed by its maker,

but he does inherit a "money power" wholly independent of his own

qualifications or deserts. By virtue of that power alone he is in a

position in some measure to exploit his fellow-countrymen. Even though a

man of very inferior intellectual and moral caliber, he is able vastly

to increase his fortune through the information and opportunity which

that fortune bestows upon him, and without making any individual

contribution to the economic organization of the country. His power

brings with it no personal dignity or efficiency; and for the whole

material and meaning of his life he becomes as much dependent upon his

millions as a nobleman upon his title. The money which was a source of

distinction to its creator becomes in the course of time a source of

individual demoralization to its inheritor. His life is organized for

the purpose of spending a larger income than any private individual can

really need; and his intellectual point of view is bounded by his narrow

experience and his class interests.

No doubt the institution of private property, necessitating, as it does,

the transmission to one person of the possessions and earnings of

another, always involves the inheritance of unearned power and

opportunity. But the point is that in the case of very large fortunes

the inherited power goes far beyond any legitimate individual needs, and

in the course of time can hardly fail to corrupt its possessors. The

creator of a large fortune may well be its master; but its inheritor

will, except in the case of exceptionally able individuals, become its

victim, and most assuredly the evil social effects are as bad as the

evil individual effects. The political bond which a democracy seeks to

create depends for its higher value upon an effective social bond. Gross

inequalities in wealth, wholly divorced from economic efficiency on the

part of the rich, as effectively loosen the social bond as do gross

inequalities of political and social standing. A wholesome social

condition in a democracy does not imply uniformity of wealth any more

than it implies uniformity of ability and purpose, but it does imply the

association of great individual economic distinction with responsibility

and efficiency. It does imply that economic leaders, no less than

political ones, should have conditions imposed upon them which will

force them to recognize the responsibilities attached to so much power.

Mutual association and confidence between the leaders and followers is

as much a part of democratic economic organization as it is of

democratic political organization; and in the long run the inheritance

of vast fortunes destroys any such relation. They breed class envy on

one side, and class contempt on the other; and the community is either

divided irremediably by differences of interest and outlook, or united,

if at all, by snobbish servility.

If the integrity of a democracy is injured by the perpetuation of

unearned economic distinctions, it is also injured by extreme poverty,

whether deserved or not. A democracy which attempted to equalize wealth

would incur the same disastrous fate as a democracy which attempted to

equalize political power; but a democracy can no more be indifferent to

the distribution of wealth than it can to the distribution of the

suffrage. In a wholesome democracy every male adult should participate

in the ultimate political responsibility, partly because of the

political danger of refusing participation to the people, and partly

because of the advantages to be derived from the political union of the

whole people. So a wholesome democracy should seek to guarantee to every

male adult a certain minimum of economic power and responsibility. No

doubt it is much easier to confer the suffrage on the people than it is

to make poverty a negligible social factor; but the difficulty of the

task does not make it the less necessary. It stands to reason that in

the long run the people who possess the political power will want a

substantial share of the economic fruits. A prudent democracy should

anticipate this demand. Not only does any considerable amount of

grinding poverty constitute a grave social danger in a democratic state,

but so, in general, does a widespread condition of partial economic

privation. The individuals constituting a democracy lack the first

essential of individual freedom when they cannot escape from a condition

of economic dependence.

The American democracy has confidently believed in the fatal prosperity

enjoyed by the people under the American system. In the confidence of

that belief it has promised to Americans a substantial satisfaction of

their economic needs; and it has made that promise an essential part of

the American national idea. The promise has been measurably fulfilled

hitherto, because the prodigious natural resources of a new continent

were thrown open to anybody with the energy to appropriate them. But

those natural resources have now in large measure passed into the

possession of individuals, and American statesmen can no longer count

upon them to satisfy the popular hunger for economic independence. An

ever larger proportion of the total population of the country is taking

to industrial occupations, and an industrial system brings with it much

more definite social and economic classes, and a diminution of the

earlier social homogeneity. The contemporary wage-earner is no longer

satisfied with the economic results of being merely an American citizen.

His union is usually of more obvious use to him than the state, and he

is tending to make his allegiance to his union paramount to his

allegiance to the state. This is only one of many illustrations that the

traditional American system has broken down. The American state can

regain the loyal adhesion of the economically less independent class

only by positive service. What the wage-earner needs, and what it is to

the interest of a democratic state he should obtain, is a constantly

higher standard of living. The state can help him to conquer a higher

standard of living without doing any necessary injury to his employers

and with a positive benefit to general economic and social efficiency.

If it is to earn the loyalty of the wage-earners, it must recognize the

legitimacy of his demand, and make the satisfaction of it an essential

part of its public policy.

The American state is dedicated to such a duty, not only by its

democratic purpose, but by its national tradition. So far as the former

is concerned, it is absurd and fatal to ask a popular majority to

respect the rights of a minority, when those rights are interpreted so

as seriously to hamper, if not to forbid, the majority from obtaining

the essential condition of individual freedom and development--viz. the

highest possible standard of living. But this absurdity becomes really

critical and dangerous, in view of the fact that the American people,

particularly those of alien birth and descent, have been explicitly

promised economic freedom and prosperity. The promise was made on the

strength of what was believed to be an inexhaustible store of natural

opportunities; and it will have to be kept even when those natural

resources are no longer to be had for the asking. It is entirely

possible, of course, that the promise can never be kept,--that its

redemption will prove to be beyond the patience, the power, and the

wisdom of the American people and their leaders; but if it is not kept,

the American commonwealth will no longer continue to be a democracy.

IV

THE BRIDGE BETWEEN DEMOCRACY AND NATIONALITY

We are now prepared, I hope, to venture upon a more fruitful definition

of democracy. The popular definitions err in describing it in terms of

its machinery or of some partial political or economic object. Democracy

does not mean merely government by the people, or majority rule, or

universal suffrage. All of these political forms or devices are a part

of its necessary organization; but the chief advantage such methods of

organization have is their tendency to promote some salutary and

formative purpose. The really formative purpose is not exclusively a

matter of individual liberty, although it must give individual liberty

abundant scope. Neither is it a matter of equal rights alone, although

it must always cherish the social bond which that principle represents.

The salutary and formative democratic purpose consists in using the

democratic organization for the joint benefit of individual distinction

and social improvement.

To define the really democratic organization as one which makes

expressly and intentionally for individual distinction and social

improvement is nothing more than a translation of the statement that

such an organization should make expressly and intentionally for the

welfare of the whole people. The whole people will always consist of

individuals, constituting small classes, who demand special

opportunities, and the mass of the population who demand for their

improvement more generalized opportunities. At any particular time or in

any particular case, the improvement of the smaller classes may conflict

with that of the larger class, but the conflict becomes permanent and

irreconcilable only when it is intensified by the lack of a really

binding and edifying public policy, and by the consequent stimulation of

class and factional prejudices and purposes. A policy, intelligently

informed by the desire to maintain a joint process of individual and

social amelioration, should be able to keep a democracy sound and whole

both in sentiment and in idea. Such a democracy would not be dedicated

either to liberty or to equality in their abstract expressions, but to

liberty and equality, in so far as they made for human brotherhood. As

M. Faguet says in the introduction to his "Politiques et Moralistes du

Dix-Neuvième Siècle," from which I have already quoted: "Liberté et

Égalité sont donc contradictoires et exclusives l'une et l'autre; mais

la Fraternité les concilierait. La Fraternité non seulement concilierait

la Liberté et l'Égalité, mais elle les ferait gêneratrices l'une et

l'autre." The two subordinate principles, that is, one representing the

individual and the other the social interest, can by their subordination

to the principle of human brotherhood, be made in the long run mutually

helpful.

The foregoing definition of the democratic purpose is the only one which

can entitle democracy to an essential superiority to other forms of

political organization. Democrats have always tended to claim some such

superiority for their methods and purposes, but in case democracy is to

be considered merely as a piece of political machinery, or a partial

political idea, the claim has no validity. Its superiority must be based

upon the fact that democracy is the best possible translation into

political and social terms of an authoritative and comprehensive moral

idea; and provided a democratic state honestly seeks to make its

organization and policy contribute to a better quality of individuality

and a higher level of associated life, it can within certain limits

claim the allegiance of mankind on rational moral grounds.

The proposed definition may seem to be both vague and commonplace; but

it none the less brings with it practical consequences of paramount

importance. The subordination of the machinery of democracy to its

purpose and the comprehension within that purpose of the higher

interests both of the individual and society, is not only exclusive of

many partial and erroneous ideas, but demands both a reconstructive

programme and an efficient organization. A government by the people,

which seeks an organization and a policy beneficial to the individual

and to society, is confronted by a task as responsible and difficult as

you please; but it is a specific task which demands the adoption of

certain specific and positive means. Moreover it is a task which the

American democracy has never sought consciously to achieve. American

democrats have always hoped for individual and social amelioration as

the result of the operation of their democratic system; but if any such

result was to follow, its achievement was to be a happy accident. The

organization and policy of a democracy should leave the individual and

society to seek their own amelioration. The democratic state should

never discriminate in favor of anything or anybody. It should only

discriminate against all sorts of privilege. Under the proposed

definition, on the other hand, popular government is to make itself

expressly and permanently responsible for the amelioration of the

individual and society; and a necessary consequence of this

responsibility is an adequate organization and a reconstructive policy.

The majority of good Americans will doubtless consider that the

reconstructive policy, already indicated, is flagrantly socialistic both

in its methods and its objects; and if any critic likes to fasten the

stigma of socialism upon the foregoing conception of democracy, I am not

concerned with dodging the odium of the word. The proposed definition of

democracy is socialistic, if it is socialistic to consider democracy

inseparable from a candid, patient, and courageous attempt to advance

the social problem towards a satisfactory solution. It is also

socialistic in case socialism cannot be divorced from the use, wherever

necessary, of the political organization in all its forms to realize the

proposed democratic purpose. On the other hand, there are some doctrines

frequently associated with socialism, to which the proposed conception

of democracy is wholly inimical; and it should be characterized not so

much socialistic, as unscrupulously and loyally nationalistic.

A democracy dedicated to individual and social betterment is necessarily

individualist as well as socialist. It has little interest in the mere

multiplication of average individuals, except in so far as such

multiplication is necessary to economic and political efficiency; but it

has the deepest interest in the development of a higher quality of

individual self-expression. There are two indispensable economic

conditions of qualitative individual self-expression. One is the

preservation of the institution of private property in some form, and

the other is the radical transformation of its existing nature and

influence. A democracy certainly cannot fulfill its mission without the

eventual assumption by the state of many functions now performed by

individuals, and without becoming expressly responsible for an improved

distribution of wealth; but if any attempt is made to accomplish these

results by violent means, it will most assuredly prove to be a failure.

An improvement in the distribution of wealth or in economic efficiency

which cannot be accomplished by purchase on the part of the state or by

a legitimate use of the power of taxation, must be left to the action of

time, assisted, of course, by such arrangements as are immediately

practical. But the amount of actual good to the individual and society

which can be effected _at any one time_ by an alteration in the

distribution of wealth is extremely small; and the same statement is

true of any proposed state action in the interest of the democratic

purpose. Consequently, while responsible state action is an essential

condition of any steady approach to the democratic consummation, such

action will be wholly vain unless accompanied by a larger measure of

spontaneous individual amelioration. In fact, one of the strongest

arguments on behalf of a higher and larger conception of state

responsibilities in a democracy is that the candid, courageous, patient,

and intelligent attempt to redeem those responsibilities provides one of

the highest types of individuality--viz. the public-spirited man with a

personal opportunity and a task which should be enormously stimulating

and edifying.

The great weakness of the most popular form of socialism consists,

however, in its mixture of a revolutionary purpose with an international

scope. It seeks the abolition of national distinctions by revolutionary

revolts of the wage-earner against the capitalist; and in so far as it

proposes to undermine the principle of national cohesion and to

substitute for it an international organization of a single class, it is

headed absolutely in the wrong direction. Revolutions may at times be

necessary and on the whole helpful, but not in case there is any other

practicable method of removing grave obstacles to human amelioration;

and in any event their tendency is socially disintegrating. The

destruction or the weakening of nationalities for the ostensible benefit

of an international socialism would in truth gravely imperil the bond

upon which actual human association is based. The peoples who have

inherited any share in Christian civilization are effectively united

chiefly by national habits, traditions, and purposes; and perhaps the

most effective way of bringing about an irretrievable division of

purpose among them would be the adoption by the class of wage-earners

of the programme of international socialism. It is not too much to say

that no permanent good can, under existing conditions, come to the

individual and society except through the preservation and the

development of the existing system of nationalized states.

Radical and enthusiastic democrats have usually failed to attach

sufficient importance to the ties whereby civilized men are at the

present time actually united. Inasmuch as national traditions are

usually associated with all sorts of political, economic, and social

privileges and abuses, they have sought to identify the higher social

relation with the destruction of the national tradition and the

substitution of an ideal bond. In so doing they are committing a

disastrous error; and democracy will never become really constructive

until this error is recognized and democracy abandons its former

alliance with revolution. The higher human relation must be brought

about chiefly by the improvement and the intensification of existing

human relations. The only possible foundation for a better social

structure is the existing order, of which the contemporary system of

nationalized states forms the foundation.

Loyalty to the existing system of nationalized states does not

necessarily mean loyalty to an existing government merely because it

exists. There have been, and still are, governments whose ruin is a

necessary condition of popular liberation; and revolution doubtless

still has a subordinate part to play in the process of human

amelioration. The loyalty which a citizen owes to a government is

dependent upon the extent to which the government is representative of

national traditions and is organized in the interest of valid national

purposes. National traditions and purposes always contain a large

infusion of dubious ingredients; but loyalty to them does not

necessarily mean the uncritical and unprotesting acceptance of the

national limitations and abuses. Nationality is a political and social

ideal as well as the great contemporary political fact. Loyalty to the

national interest implies devotion to a progressive principle. It

demands, to be sure, that the progressive principle be realized without

any violation of fundamental national ties. It demands that any national

action taken for the benefit of the progressive principle be approved

by the official national organization. But it also serves as a ferment

quite as much as a bond. It bids the loyal national servants to fashion

their fellow-countrymen into more of a nation; and the attempt to

perform this bidding constitutes a very powerful and wholesome source of

political development. It constitutes, indeed, a source of political

development which is of decisive importance for a satisfactory theory of

political and social progress, because a people which becomes more of a

nation has a tendency to become for that very reason more of a

democracy.

The assertion that a people which becomes more of a nation becomes for

that very reason more of a democracy, is, I am aware, a hazardous

assertion, which can be justified, if at all, only at a considerable

expense. As a matter of fact, the two following chapters will be devoted

chiefly to this labor of justification. In the first of these chapters I

shall give a partly historical and partly critical account of the

national principle in its relation to democracy; and in the second I

shall apply the results, so achieved, to the American national principle

in its relation to the American democratic idea. But before starting

this complicated task, a few words must be premised as to the reasons

which make the attempt well worth the trouble.

If a people, in becoming more of a nation, become for that very reason

more of a democracy, the realization of the democratic purpose is not

rendered any easier, but democracy is provided with a simplified, a

consistent, and a practicable programme. An alliance is established

thereby between the two dominant political and social forces in modern

life. The suspicion with which aggressive advocates of the national

principle have sometimes regarded democracy would be shown to have only

a conditional justification; and the suspicion with which many ardent

democrats have regarded aggressive nationalism would be similarly

disarmed. A democrat, so far as the statement is true, could trust the

fate of his cause in each particular state to the friends of national

progress. Democracy would not need for its consummation the ruin of the

traditional political fabrics; but so far as those political bodies were

informed by genuinely national ideas and aspirations, it could await

confidently the process of national development. In fact, the first duty

of a good democrat would be that of rendering to his country loyal

patriotic service. Democrats would abandon the task of making over the

world to suit their own purposes, until they had come to a better

understanding with their own countrymen. One's democracy, that is, would

begin at home and it would for the most part stay at home; and the cause

of national well-being would derive invaluable assistance from the loyal

coöperation of good democrats.

A great many obvious objections will, of course, be immediately raised

against any such explanation of the relation between democracy and

nationality; and I am well aware that these objections demand the most

serious consideration. A generation or two ago the European democrat was

often by way of being an ardent nationalist; and a constructive relation

between the two principles was accepted by many European political

reformers. The events of the last fifty years have, however, done much

to sever the alliance, and to make European patriots suspicious of

democracy, and European democrats suspicious of patriotism. To what

extent these suspicions are justified, I shall discuss in the next

chapter; but that discussion will be undertaken almost exclusively for

obtaining, if possible, some light upon our domestic situation. The

formula of a constructive relation between the national and democratic

principles has certain importance for European peoples, and particularly

for Frenchmen: but, if true, it is of a far superior importance to

Americans. It supplies a constructive form for the progressive solution

of their political and social problems; and while it imposes on them

responsibilities which they have sought to evade, it also offers

compensations, the advantage of which they have scarcely expected.

Americans have always been both patriotic and democratic, just as they

have always been friendly both to liberty and equality, but in neither

case have they brought the two ideas or aspirations into mutually

helpful relations. As democrats they have often regarded nationalism

with distrust, and have consequently deprived their patriotism of any

sufficient substance and organization. As nationalists they have

frequently regarded essential aspects of democracy with a wholly

unnecessary and embarrassing suspicion. They have been after a fashion

Hamiltonian, and Jeffersonian after more of a fashion; but they have

never recovered from the initial disagreement between Hamilton and

Jefferson. If there is any truth in the idea of a constructive relation

between democracy and nationality this disagreement must be healed. They

must accept both principles loyally and unreservedly; and by such

acceptance their "noble national theory" will obtain a wholly

unaccustomed energy and integrity. The alliance between the two

principles will not leave either of them intact; but it will necessarily

do more harm to the Jeffersonian group of political ideas than it will

to the Hamiltonian. The latter's nationalism can be adapted to democracy

without an essential injury to itself, but the former's democracy cannot

be nationalized without being transformed. The manner of its

transformation has already been discussed in detail. It must cease to be

a democracy of indiscriminate individualism; and become one of selected

individuals who are obliged constantly to justify their selection; and

its members must be united not by a sense of joint irresponsibility, but

by a sense of joint responsibility for the success of their political

and social ideal. They must become, that is, a democracy devoted to the

welfare of the whole people by means of a conscious labor of individual

and social improvement; and that is precisely the sort of democracy

which demands for its realization the aid of the Hamiltonian

nationalistic organization and principle.

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