CHAPTER XXVI

AN UNQUALIFIED NUMERICAL MAJORITY RULE IS NOT IN ACCORD WITH GOOD

STATESMANSHIP

_For wide is the gate, and broad is the way, that leadeth to

destruction, and many there be which go in thereat; because strait is

the gate, and narrow is the way, which leadeth unto life; and few there

be that find it._--Matthew, vii: 13, 14.

A specious argument in favor of manhood suffrage is sometimes condensed

into the expression “Let the majority rule”; a popular catchword,

misleading like most catchwords, and far from expressing a sound

principle in politics. That our national polity does to a large extent

recognize the legitimacy of a numerical majority power is true enough;

but it neither does, nor ought it, declare the numerical majority

opinion to be the only, nor even the final arbiter. No thoroughly

enlightened scheme of government of a great nation can do so, for pure

majority government is merely the rule of brute force. Wisdom and

ability are usually in the minority in this world; and a better saying

would seem to be “let the minority rule”; in other words, let patriotic

intelligence, justice and efficiency bear sway, and let them as far as

possible lead the majority into a better way. In the practical affairs

of every day life, people do not seek to learn of the majority, but of

the few. In the administration of justice the better opinion is that

majority verdicts of juries should not be received; such verdicts are

apt to be hasty and careless, and to lack that element of care and

deliberation which the requirement of unanimity tends to produce. In a

casual group of fifty men, the opinion of twenty-five, properly

selected, or a majority of them, is worth far more than the opinion of

a chance majority of the total fifty. In nothing except politics is an

appeal to the majority ever made; everyone turns to a small minority of

men, or even to one single man, for guidance in every important

conjuncture of life. When a serious disease attacks a man, he does not

take a vote of the public or of his family, friends and neighbors as to

the course of treatment to be adopted to save his life; he turns to one

learned and trustworthy man, and puts himself in his hands. So in the

navigation of a ship, whether in tempest or fair weather; the trained

and experienced mind of the captain controls at every moment of the

voyage; it is the same in the conduct of a law suit; of a business

enterprise; of the construction of dwellings, bridges, railroads and

tunnels; in military campaigns; in all the serious undertakings of life,

guidance is never sought in the voices of the many, but in the opinion

of a select few or of a still more selected one.

It is a fatal error in the manhood suffrage theory that it assumes that

numbers rule, and are capable of giving the final sanction. Such is not

the fact. Despite all that demagogues may do or say, no amount of

vociferation, resolutioning, applauding, cheering, registering, and

voting will serve to prevent or delay the operation of natural law. Mind

and reason must govern in politics as elsewhere. The power that is best

capable of establishing and sustaining governments and governmental

systems is a combination of forces; including principally energy,

intelligence and numbers, producing a sum total of effectiveness. When

allowed free play to its powers, as in India for instance, an energetic

and intelligent minority will often control an inert and ignorant

majority. The basic cause for the recognition of the majority principle

in government, is not a belief in majority opinion, but an assumption

that the majority actually possesses sufficient physical force to master

the minority, and that therefore in the last appeal the majority must

rule. But true statesmanship distrusts majority opinion in everything;

seeks to escape its interference, and to educate and guide it in the

right direction. It yields to it at last with reluctance, and only as

we all yield to any of the overpowering forces of Nature; to darkness,

to the deadly frost of the poles, to torrid heat, to the desert; to each

of which we give way only to the extent to which we are unable to

circumvent them, and to prevent their interference with our enterprises.

And so, astute politicians are often active in seeking expedients, to

compel the often blind will of majorities to conform to reason and the

inevitable. It is the ambition of real statesmen to drive the state

coach; while the mere politician is content to climb up behind, or to

run up and down at the heels of the populace, like a servile flunkey

after a demented master, whose follies he dares not correct, and out of

whose worst extravagances he is ready to profit. Political leaders

realize that a majority vote does not always, perhaps not often,

represent the weight of the effective public opinion of the state; that

such a vote frequently not only lacks understanding, but also lacks any

guarantee of future support for the politician who shall rely upon it.

And so it is the part of statesmanship to mitigate or prevent pure

majority rule; to manage public opinion; to muzzle, assuage or pacify

it; to create and guide majorities; to soothe and placate them for the

time being; and sometimes to divert their attention, till they melt away

and disappear and reason resumes her sway.

The necessity of effectively curbing, moderating and checking majority

action, was well understood by the framers of the Constitution, who

erected various anti-majority or one might say anti-snap-judgment

barriers. First, there was the existing property qualification for

voters; Second, the fundamental guarantees for personal property rights,

contained in the Constitution and intended to protect minorities against

hasty majority legislation; Third, the immutable constitutional

provision for the equal representation of the states in the Senate. This

last is a clear flouting of the majority theory, since it gives a small

state the same representation as a large one, and conceivably enables a

minority to defeat a majority. Fourth, the creation of an electoral

college to select the president; thus intending to deprive the people

of all direct voice in his election; Fifth, the veto placed in the hands

of a president not elected by popular vote; Sixth, the election of

federal senators by the state legislatures instead of by the people;

Seventh, the creation of a supreme court with power to nullify

unconstitutional legislation; Eighth, the system of appointment instead

of election of all federal officials.

Calhoun discussed the subject of majority vote in a very interesting way

in his _Disquisition on Government_. He there distinguishes between the

sense of the majority of the community and the sense of the entire

community; he recognizes the tendency to misgovernment by a numerical

majority, and the necessity of checking that tendency by some means, and

he proposes the creation of a countervailing “Organism” by which would

be called into operation the sense of the community as a whole. This

would merely amount to the adoption of an additional constitutional

check on majority rule; and such checks are of course useful; but they

are insufficient; they are directed against the operation of the

mischief, but not against its root and origin. The political machine

should be so constructed that the constitutional checks on its operation

would only be needed on rare occasions, like the stops in an elevator,

which come into play only in cases of accident when the machine gets

beyond ordinary control. A vital error in the scheme of majority rule is

pointed out by John Stuart Mill in his “System of Logic”; it lies in the

vicious extreme to which it has been carried. All excess is mischievous.

All systems of government are bound to be defective in results, and

therefore none should be radically enforced. The so called French

extreme logical application of general rules tends to aggravate

imperfections. “In these, and many other cases, we set in motion a

principle from which, while it is under control we derive signal

advantage, but which, if it breaks loose and follows its own tendencies

unchecked, is highly dangerous: of which we may say, as of fire, that it

is a good servant but a bad master.” (_Lewis on Authority_, p. 239.) In

other words the doctrine of majority rule represents only one principle

applicable to government: it contains only a part of the truth; and

should not in practise be applied to excess, or as if it were the only

principle involved; but its original operation should be combined at the

very outset with that of other steadying forces such as intelligence,

experience and morality. “The mere counting of votes (says one writer)

is insufficient when parts of the nation are electing representatives

for the whole. The parts must be arranged according to quality so as to

guarantee the election of the best men, and to give due proportion to

the intellectual, moral and material elements of the nation.”

(Bluntschli; _Theory of the State_.)

The foregoing may serve to clear up the difficulty in the minds of many

people, who have thought of the construction of a governmental machine

as of a problem in mathematics, where only numbers are to be considered.

As Mills the logician points out, the doctrine of pure numerical

majority rule is not logical, and other considerations besides mere

numbers must be given value in weighing the national verdict in

political questions. In determining what those other considerations

should be, it is obvious that property rights, and the qualities which

create and preserve property, are of first availability and importance,

and that the neglect and oversight of these rights and qualities

constitute the most glaring defects of popular government. The property

qualification is obviously that most readily applied to the electorate

and its institution is a return to the natural and original practice of

the American people.

The use of the property qualification as a corrective of the excesses

attendant upon pure majority government is also recommendable on the

ground of efficiency and practicability. It will effect a needed check

on hasty, emotional, prejudiced and unsocial measures more easily and

with less jar and racking than any of the other expedients in practise

or suggested for that purpose. The marginal vote between right and

wrong, between wisdom and folly, is often very small; sometimes five or

ten per cent. It is safe to assume that a propertied electorate would

give enlightened verdicts in many cases, where the present inferior

voting body renders barbarous ones; and such decisions would carry with

them all the prestige of a popular vote. The constitutional expedients

now in force to check majority action, or any which may be invented,

should not be subjected to every day use, for they have serious

drawbacks. They are not preventive; they are not final; at best they

effect no more than delay, and they irritate the masses by opposing a

technical and inferior power to theirs; a mere obstruction as it were,

and that interposed by those whom they assume to call their servants.

There can be no doubt that the logical and safe thing is to avoid and

prevent mistakes of the electorate, rather than to allow them to be

made, and afterward to attempt by extraneous means to offset them or to

thwart their operation; and this especially when these means are such as

to the masses may seem obstructive and oppressive. As the real

difficulty in the case lies in this vicious constitution of the

electorate, why not meet it there? The object is to prevent foolish,

oppressive and fluctuating majority decisions. To effectuate this, the

property qualification scheme, while accepting the fact that voting

power rule is one necessary factor in republican government, creates at

the outset a majority body of voters from which it has eliminated the

politically worthless element. It thus furnishes an electorate

containing, and capable of producing out of itself, a numerical majority

which will also carry a preponderance in property, intelligence, public

spirit and in political weight, prestige and power. Such a majority will

never attempt to rule in defiance of justice and good policy; and the

assurance furnished by its very existence will promote business

confidence and general prosperity.

Popular misgovernment in the United States · 第 26 / 32 章