CHAPTER XXV

ANSWER TO SUGGESTION THAT UNLIMITED SUFFRAGE IS A PART OF AMERICAN

LIBERTY

“_In all these scenes that I have mentioned I learn one thing that

I never knew before and that is that the key to Liberty is not in

the hands of License, but Convention holds it. Comity has a

toll-gate at which you must pay, or you may not enter the land of

Freedom. In all the glitter, the seeming desire, the parade, the

abandon, I see this law, unobtrusive, yet like iron, prevail.

Therefore, in Manhattan you must obey those unwritten laws, and

then you will be freest of the free. If you decline to be bound by

them, you put on shackles._” (O. Henry, _A Ramble in Aphasia_.)

There is no doubt a vague impression abroad, which though entirely

erroneous, is somewhat generally entertained, that American manhood or

universal suffrage is in some way actually or historically connected

with American liberties. Indeed, in some minds the right to vote for

something or for someone, is either confused or confounded with liberty

itself, or is regarded as the guarantee or guardian of liberty, or its

open and visible sign, or a combination of all three. To some, the

universal ballot is a sort of fetish, which they distrust and despise

yet dare not offend. There are even those who will grant all here

recounted of the evils and stupidities of manhood suffrage, and yet will

answer that all these, and more, if need be, must we endure for the sake

of the preservation of liberty; which in some unexplained way depends on

the continuation of the voting privilege to those incapable of properly

exercising it. This prepossession is not sustainable by the reason or

facts of the case, but just because it is sentimental rather than

rational, it is for that very reason more difficult to overthrow by

logic. It is easier to meet an argument than to dispel an illusion or to

destroy a prejudice. It is especially difficult when the prejudice is

not definite nor formulated, but lies dormant in the mind; shadowy,

vague and traditional, and yet amounting to a real obstacle to the

acceptance of the truth. One might do battle with it by arraying

sentiment against sentiment; the true against the false; offsetting the

sham sentiment for an imaginary liberty by a true impulse of patriotic

indignation at the frauds, rascalities, corruptions and waste attached

to the wardenship of this pretended guardian of liberty; but this play

of sentiment against sentiment can safely be left to work itself out in

the breast of the reader. This chapter will therefore be devoted to an

appeal to reason to dispel whatever prejudice in favor of manhood

suffrage as a supposed bulwark of liberty may still linger in the

reader’s mind.

First, as to our political liberties. A convincing proof that the

suffrages of the unpropertied class are not needed to preserve them is

found in the fact that they were originally secured without those

suffrages. We are not indebted to manhood suffrage for our free

institutions, nor for the valuable rights and guarantees secured by the

Constitution, nor for the ideas and aspirations from which those

institutions sprung. These rights and guarantees were secured, these

free institutions were founded by practical and intelligent men of

affairs; the propertied leaders of a propertied constituency, and by the

use of practical methods, to whose success the populace only contributed

their obedience to directions. Neither the Revolution, nor the

Constitution recognized the doctrine of a natural right to the

franchise. The Revolution in fact did not deal with individual rights at

all; it was merely a movement to get rid of British imperial rule, not

in order to obtain more liberty, but to secure greater efficiency in

government. It came to pass because the thirteen colonies had developed

to such a point, that their general interests and defense required the

establishment of a central authority. The British Parliament attempted

to function for that purpose by laying taxes etc.; the colonies

revolted, and finally created a central governing and taxing power of

their own, necessitating political independence. The only question

settled by the Revolution was that the supreme governing power should be

American and not British; it in no way concerned itself with the

individual liberties personal or political of the American people, nor

their relations to the state; it asserted no new principle of

government, nor did it enlarge the suffrage. The United States

Constitution was framed by delegates, all of whom were men of property,

and represented propertied constituencies. In short, American

Independence was schemed, the Union founded, the Constitution adopted,

and all the foundations of the greatness and freedom of this country

established, without the aid of manhood suffrage, without the

unpropertied vote, and by men who believed in and practised a property

qualification system. It is not even likely that an inferior class of

men would have ever done the work, which required skill, experience and

ripe wisdom; qualities more often found in the successful than in the

unsuccessful, and never to be looked for in the populace.

Therefore, in our organic scheme of political liberty, manhood suffrage

counts for nothing, and its only activity in relation thereto has been

to misuse it. But, says one, how about the citizen’s daily enjoyment of

freedom and sense of freedom in actual life? The people of the United

States like those of other civilized countries, enjoy a life enriched

with a thousand material comforts and conveniences, with a sense of

assurance of their continued enjoyment; is that or any part of it due to

or supported by manhood suffrage? Not at all. None of this can be

credited to any extension or enlargement of popular privileges or

liberty, either by widening of the franchise or otherwise. The tendency

of democracy is not towards an increase of personal individual liberty,

and the act of voting, no matter how conducted, can in no way tend to

confer personal liberty on the individual; because personal liberty is

not existent in any civilized society. The progress of the country has

been marked by development in the direction of the application of

restraint to human actions; in other words by the very opposite of the

enlargement of individual liberty. The nearest approach to a free man in

a modern community, is the tramp who saunters along the road; and his

existence is maintained, not by operations of liberty but by methods of

compulsion. The very road upon which he walks is there because other men

were compelled by government to build and maintain it. And so, the

happiness of each of us is assured to him not by liberty granted, but by

liberty withheld as well from him as from his neighbors. A familiar

instance of this is in the creation and use of a public park in a great

city; an artificially created privilege, which is not conceivable

without the strictest regulation, restraint, and denial of individual

liberty of action. Personal liberty as understood by the masses, that is

the privilege of doing as one pleases, does not exist in any civilized

community, and could not be introduced to any appreciable extent without

steps toward anarchy. This is not a land of liberty, but a land of

civilization, which is the antithesis of liberty. As has been well said

by Moorfield Storey, “Civilization is the process of restraining the

will of the individual by law.”

Every American citizen is born and lives under the wholesome but

constant and severe restraint of a high civilization. Such a thing as

personal liberty is unknown to him from the beginning; his infant limbs

are clad, his baby food prescribed, his habits regulated, according to

rules established long before he was born. As he matures, his boyish

dress, his books, his studies, his language and his play are nearly all

arbitrary and conventional. He must eat certain food at certain times;

his hours for sleep and waking are fixed by others. This system

continues through school and college, and when he enters the business

world he finds an absolute régime of dress, food, hours, employment,

language, games, habits and life generally from which there is no

escape. Even his beliefs, historical, religious, and scientific, are all

laid out for him. When he goes on a short vacation even for a tramp in

the mountains, his movements are all restrained, not only by the rigors

of nature and the daily needs of existence, but by the rules of society.

In fact all his relations to other men, involve social rules of

behaviour which must be obeyed, and all these rules, laws, fashions,

customs, beliefs and obligations were fixed without consulting him, and

in most cases before he and his parents were born.

This subjection to Society is a condition of our life. The president is

just as much bound by it as the poorest day laborer; it is the result of

the growth of population, of public order, of civilization. The business

man arising in the morning and going out to his work, is reassured by

seeing the policeman at the corner; with a despotic gesture the officer

stops the traffic and the man crosses the street in safety. Though he

may have enemies, he knows they will not be permitted to insult him in

the street, nor to libel him in the morning papers, nor in the private

correspondence just then being delivered by the government postal

carrier, because happily free speech is not permitted in civilized

countries. He enters the government inspected street car, elevated or

subway, protected by strict authority from the presence of people with

contagious diseases. He encounters the same regulative tendency in his

private business life. In the elevator, in his office, in the commerce

exchange, in his transactions with banks and merchants, in the

restaurants, everywhere and all day long, he is under severe

restrictions, without which, as applied to others, he could not transact

his business or even live in safety. The lease to his office which fifty

years ago contained but a few simple stipulations, now includes a

hundred strict requirements formerly unheard of, all giving great power

to the landlord but really operating for the protection of the tenant. A

similar government is seen in social life; a man’s manners and the tones

of his voice, his attitude, gestures and general behaviour are regulated

by despotic custom. All this restraint and discipline, though it may

seem to curtail liberty, yet in an indirect but perfectly perceptible

way it actually enlarges its scope, by giving access to new fields of

enjoyment, made available as such by restrictions on their abuse. So

that all our satisfactions, all our joys and pleasures, our prosperity,

our bodily health, our very lives are derived from and depend not upon

liberty but upon protection, and that moral and physical restraint which

is incident to protection.

This dependence of man upon law, order and restraint for every good in

life, is not a new thing, nor a creation of modern times; it is inherent

in the nature of human society; and was as true of the primitive man as

of ourselves. This is not always understood. Some visionary writers have

pronounced a state of liberty to be the ideal state, and have imagined

liberty as a precious boon originally bestowed upon man, and enjoyed in

past ages in a higher degree than at present; they regard restrictions

as evils, incident to civilization, perhaps, but still evils. They

consider liberty to be something positive and beneficial in its

character, like a birthright which man has from time to time bargained

away like Esau for the pottage of social advantages. This is an utterly

false and mischievous conception which has heretofore helped to create

trouble, and being interpreted by half-educated leaders to a foolish

populace may do so again. Looking back as far as we choose down the

vista of the past, we find that then just as to-day law and order made

life worth living, and liberty or the absence of restraint meant misery

and death. To find a condition of perfect liberty we must go back to a

solitary savage; for complete human liberty and solitary savagery are

practically identical. From that point on every addition to human

society or civilization, whether in the shape of persons or property,

carries with it as a necessary incident its own demand for protection

and restraint. Assume if you please the existence of the solitary

primitive man, imagined by these dreamers as having perfect liberty, yet

that supposed liberty did not include any positive or definite rights

whatever. It did not for example include the right to interfere with

others, because the others did not then exist. When society came in

contact with him, he did not surrender to her any previous rights in

relation to others because such rights could not be created till those

others actually arrived. Nor could he have possessed liberty in the

sense of exemption from social rules, because as there was no society,

there were no such rules. Society therefore and government came as a

clear gain to humanity; they were additions to the imaginary abstract or

natural man and to his life; and the restrictions referred to are but

part of the gift; they are incidental to it, and constitute its

essential condition, and in no way change its character as a clear

benefit and gift to man. Thus, if one gives me a horse, it in no way

detracts from the character of the gift that I must feed and shelter the

animal. If I give a boy a drum, it is none the less a clear gift because

he is forbidden to drive a hole in its head. His liberty is not thereby

restricted, because before he had the gift he was also unable to punch

the hole. The imaginary original solitary man, upon the arrival of a

neighbor, gains in companionship, protection, help, division of labor,

etc. He loses nothing in being forbidden to kill, to maim or to rob the

newcomer. First, because the privilege of wanton destruction does not

exist as a human right, nor is it a part of natural human liberty, but

is in its nature and effect a curtailment thereof. Second, because, in

his former solitary state, there was no one in existence whom he might

kill, maim or rob. Coming up then to tribal existence, and observing the

very earliest and lowest exhibitions of social life, we find no trace of

the mythical liberty the theorists have imagined, but rather the

practice of restraint applied by law or custom as far as requisite to

protect the individual. One savage is not permitted to assault another,

without paying the penalty according to the custom of the tribe, or

suffering the vengeance of the assaulted party or his friends. He does

not possess the liberty to destroy or appropriate any ornament, weapon

or other property that any one of his fellow savages possesses. To the

first beginnings of property, is attached as a part thereof, the

incident of protective restraint upon its non-owners. When, whether in

barbarous or highly civilized communities, the citizen is forbidden to

plunder or injure property, he is not thereby deprived of any part of a

man’s inherent liberty; the restraint is merely a qualification or

condition of the property in question which does not affect third

parties or detract from their previous rights. When modern society

forbids trespassing on, or plundering cultivated fields or orchards, it

does not deprive any one of anything that his ancestors theretofore had,

because in their primitive state there was no right of trespass on or

plunder of that property; there were no cultivated fields or orchards to

rob or on which to trespass.

In short, there is no such condition either natural or acquired as that

of human liberty, nor does liberty of any sort exist in this world or

even in the whole universe. The very word “liberty” is without concrete

signification, it is a mere negation like “anarchy” and “nothingness,”

and represents an idea which is incompatible with government of any

sort. This truth is fully realized by the best students of civics, and

is just as true of American or republican government as of that of any

other country or system. “All government,” says Sir William Temple, “is

a restraint on liberty, and when men seem to contend for liberty, it is

indeed but to have a change of those who rule.” The consent of the

governed can be given only to the mere form of government, said Webster,

in a speech at the Charleston Bar Dinner, 1847, and further: “Liberty is

the creation of law, essentially different from that authorized

licentiousness that trespasses on right. It is a legal and refined idea,

the offspring of high civilization, which the savage never understood

and never can understand. Liberty exists in proportion to wholesome

restraint; the more restraint on others to keep off from us, the more

liberty we have. It is an error to suppose that liberty consists in a

paucity of laws--that man is free who is protected from injury.”

In thus showing that what is commonly called “liberty” really consists

in restraint, Webster in effect smashed the silly “liberty” legend. And

Ruskin voices the same idea (_Pol. Economy, Works_, Vol. 17, p. 432):

“Americans, as a nation, set their trust in Liberty and in Equality, of

which I detest the one, and deny the possibility of the other.” And

again, (Vol. 8, p. 248):

“How false is the conception, how frantic the pursuit of that

treacherous phantom which men call Liberty; most treacherous,

indeed, of all phantoms; for the feeblest ray of reason might

surely show us that not only its attainment, but its being, was

impossible. There is no such thing in the Universe. There can never

be. The stars have it not; the earth has it not; the sea has it

not; and we men for the mockery and semblance of it have used

heaviest punishment.... If there be any one principle more widely

than another confessed by every utterance, or more sternly than

another imprinted on every atom of the visible creation, that

principle is not liberty, but law.”

“The only liberty,” says Burke, “that is valuable is a liberty connected

with order, that not only exists along with order and virtue, but which

cannot exist at all without them; it inheres in all good and steady

government, is in its substance and vital principle.” The blessings

commonly called by the name of liberty are therefore seen to be the

result of just and efficient government, and the evidence is

overwhelming that of such government in this country manhood suffrage

has been a constant enemy.

Sometimes a foolish suggestion may be seen in print that manhood

suffrage is needed to safeguard religious liberty in the United States.

Religious liberty and political liberty are practically identical. The

noted religious struggles and persecutions in Europe were really

political affairs; and the framers of our Constitution included therein

guarantees for religious freedom as a matter of course. No further

safeguard is needed. The English race has everywhere adopted religious

liberty as a definite policy ever since 1688, and the right to

religious liberty is no longer questioned by anyone, either in this or

in any English-speaking country. There are say two hundred different

religious sects in the United States, some of which have but very few

followers, and are destitute of means or influence to defend themselves

against small or great persecutions; yet no one ever hears of their

being molested or even seriously criticised for their religious views,

and their security and protection are amply guaranteed by the

fundamental law and settled opinions of the American people. There is no

more need of shaping our suffrage laws so as to guard against religious

persecution, than there is of private gentlemen wearing swords, or of

our building our dwellings in the shape of castles for defense, as our

ancestors did in the England of the Plantagenets. But were it otherwise,

and were any tendency to religious intolerance apparent in this country,

it is almost certain that it would crop out among the uneducated and the

thriftless rabble, and not among the well-to-do, the educated or the

middle class. History and experience teach that it is among the lowest

class that the strongest prejudices exist, and that it is that class who

are the most violent, tyrannical and intolerant in their expression. The

great religious persecutions authorized by governments in past times

were incited by the clamor of the populace. The upper and more learned

classes were always less superstitious, more skeptical, tolerant and

merciful. It was the Jewish mob who demanded the death of Christ when

the enlightened Roman Governor would have set him free; it was the Roman

rabble who roared for the blood of the early Christians; and nearly all

subsequent religious persecutions in civilized nations, have either been

in accordance with popular opinion, or have been used as weapons in the

strife between two factions of the people at large. It was the lower

classes of French who slaughtered the Catholics in the time of the

French Revolution. In our own time, the brutal and lawless attacks on

religious minorities in this and other countries, the pogroms of the

Jews in Russia and Poland, and the massacres of Christians in the

Turkish dominions were popular performances. So therefore, judging by

the past, if religious liberty should ever be threatened in this

country, the menace would not come from the educated or middle classes,

nor from such thrifty and peaceable workers as may have accumulated a

few hundred or a few thousand dollars of property, but from a lawless

mob of the unthinking class who degrade our elections.

The reader may now fairly ask, what then was the struggle for liberty of

which we have all heard so much as continuing for centuries in Europe

and America? It had two aspects, in both of which the sympathy of the

element added to the voting list by manhood suffrage has been

consciously or unconsciously on the side of tyranny. One aspect was that

of the resistance of religious minorities to majority oppression; the

other, the resistance of business men to governmental oppression, by way

of excessive taxes, imposts and restrictions. The non-propertied classes

would probably in the one case have swelled the tyrannical majority, and

in the other would have favored as they still do interference with

business by the state. In the middle ages the resistance of business men

to governmental and baronial exactions was almost continuous, and was

displayed by agitations and revolts frequently described as struggles

for liberty. Always the real object was the same; the privilege claimed

by business men, of conducting honest and peaceful industries,

businesses and exchanges without interference and secured from

confiscation. There has also been in the past a steady clearing away by

merchants, traders, craftsmen and their friends and partisans, of

obstacles placed by governmental stupidity, error and prejudice in the

way of peaceful labor, business and general betterment. In short it has

been a struggle to put business men and business methods in control.

These contests continue everywhere; they are still going on in the

United States; but the non-propertied classes have never joined in them

on the side of liberty; they have been and are prejudicially arrayed

against business methods and business men. The business world has

always had to win its way and hold its ground despite them.

The other aspect of the so called struggle for liberty in the days gone

by, was that already referred to, of the resistance of religious

minorities to persecution. This persecution, though governmental in

form, was in reality a majority oppression, in which the government

merely represented the prevailing opinion. Such were the persecutions of

the British Protestant dissenters, the American Quakers and Baptists,

and the French Huguenots. Had manhood suffrage then prevailed, the

majority demanding the persecutions would probably have been greater and

more truculent. We may be sure that the populace would have uttered no

word for toleration.

Since manhood suffrage has been established the people have created six

amendments to the United States Constitution, of which five were unwise,

unjust or arbitrary and one merely formal. The record is not flattering

to popular wisdom or justice. Here they are:

_Article XIII._ Abolished slavery. This was unjust and arbitrary. The

slave owners had bought and paid for their slaves under legal and

judicial sanction. To emancipate them without compensation to the owners

was an unauthorized confiscation. England paid for her slaves in the

West Indies when she set them free. But then, the British voters were

property owners and believers in property rights.

_Articles XIV and XV._ These were intended to give the vote to the newly

enfranchised Southern negroes. After producing much turmoil, political

rascality and misgovernment in the South, the enforcement of these

measures was abandoned and they are now dead letter provisions.

_Article XVI._ This was not a new measure; it provides for an income tax

which it was formerly supposed could be levied, and was levied, till it

was found by judicial inquiry that the Constitution had failed to

authorize it. Its ratification was little more than a formality.

_Article XVII._ This provides for the election of senators in Congress

by the people instead of by the legislatures. The result has been a

strengthening of the bosses and a lowering of quality of members of the

Senate.

_Article XVIII._ Prohibits the manufacture and sale of alcoholic

liquors. A manifestly arbitrary and oppressive majority measure.

The operation of manhood suffrage in our great cities has clearly been

tyrannical, because of the absence of proper restraint upon evil doers.

Can any one truly say that the people of these cities have been

benefited in the slightest degree, by the so-called privilege of voting

for their magistrates or rulers? Assuming that their political bosses

would let them vote as they wished, or that the bosses are popular

agents, and that the people do or can govern in their cities, where is

the public benefit? It seems to be generally conceded that on the whole

the city of Washington is the best managed city in the Union, and it is

governed by a Congress in whose choice the people of Washington have no

share. Does any one find his comfort or his freedom curtailed or his

life in danger in Washington? The fact is that the exercise of suffrage

is a function, whose object is not to preserve liberty, but the

opposite, namely, to establish proper control, and when that can be

effectively done without popular elections everybody is better off.

The conclusion of the whole review of the relation between manhood

suffrage and the liberty of the citizen is that happiness and all good

results in the personal relations of men are to be found not in liberty,

but in just law, order and restraint, which no one believes are better

subserved by admission of the weak and ignorant to the suffrage; and

that as sound political institutions and religious toleration were

achieved without manhood suffrage in the past they would probably be

safer without it in the future.

This leads one naturally to the subject of the operation of manhood

suffrage in connection with government by majorities in the present day,

which will be treated in the next chapter.

Popular misgovernment in the United States · 第 25 / 32 章