Chapter V--Of the Proper Functions of Representative Bodies.

In treating of representative government, it is above all necessary to

keep in view the distinction between its idea or essence, and the

particular forms in which the idea has been clothed by accidental

historical developments, or by the notions current at some particular

period.

The meaning of representative government is, that the whole people, or

some numerous portion of them, exercise through deputies periodically

elected by themselves the ultimate controlling power, which, in every

constitution, must reside somewhere. This ultimate power they must

possess in all its completeness. They must be masters, whenever they

please, of all the operations of government. There is no need that the

constitutional law should itself give them this mastery. It does not

in the British Constitution. But what it does give practically amounts

to this: the power of final control is as essentially single, in a

mixed and balanced government, as in a pure monarchy or democracy.

This is the portion of truth in the opinion of the ancients, revived

by great authorities in our own time, that a balanced constitution is

impossible. There is almost always a balance, but the scales never

hang exactly even. Which of them preponderates is not always apparent

on the face of the political institutions. In the British

Constitution, each of the three co-ordinate members of the sovereignty

is invested with powers which, if fully exercised, would enable it to

stop all the machinery of government. Nominally, therefore, each is

invested with equal power of thwarting and obstructing the others; and

if, by exerting that power, any of the three could hope to better its

position, the ordinary course of human affairs forbids us to doubt

that the power would be exercised. There can be no question that the

full powers of each would be employed defensively if it found itself

assailed by one or both of the others. What, then, prevents the same

powers from being exerted aggressively? The unwritten maxims of the

Constitution--in other words, the positive political morality of the

country; and this positive political morality is what we must look to

if we would know in whom the really supreme power in the Constitution

resides.

By constitutional law, the crown can refuse its assent to any act of

Parliament, and can appoint to office and maintain in it any minister,

in opposition to the remonstrances of Parliament. But the

constitutional morality of the country nullifies these powers,

preventing them from being ever used; and, by requiring that the head

of the administration should always be virtually appointed by the

House of Commons, makes that body the real sovereign of the state.

These unwritten rules, which limit the use of lawful powers, are,

however, only effectual, and maintain themselves in existence on

condition of harmonising with the actual distribution of real

political strength. There is in every constitution a strongest

power--one which would gain the victory if the compromises by which

the Constitution habitually works were suspended, and there came a

trial of strength. Constitutional maxims are adhered to, and are

practically operative, so long as they give the predominance in the

Constitution to that one of the powers which has the preponderance of

active power out of doors. This, in England, is the popular power. If,

therefore, the legal provisions of the British Constitution, together

with the unwritten maxims by which the conduct of the different

political authorities is in fact regulated, did not give to the

popular element in the Constitution that substantial supremacy over

every department of the government which corresponds to its real power

in the country, the Constitution would not possess the stability which

characterizes it; either the laws or the unwritten maxims would soon

have to be changed. The British government is thus a representative

government in the correct sense of the term; and the powers which it

leaves in hands not directly accountable to the people can only be

considered as precautions which the ruling power is willing should be

taken against its own errors. Such precautions have existed in all

well-constructed democracies. The Athenian Constitution had many such

provisions, and so has that of the United States.

But while it is essential to representative government that the

practical supremacy in the state should reside in the representatives

of the people, it is an open question what actual functions, what

precise part in the machinery of government, shall be directly and

personally discharged by the representative body. Great varieties in

this respect are compatible with the essence of representative

government, provided the functions are such as secure to the

representative body the control of every thing in the last resort.

There is a radical distinction between controlling the business of

government and actually doing it. The same person or body may be able

to control every thing, but can not possibly do every thing; and in

many cases its control over every thing will be more perfect the less

it personally attempts to do. The commander of an army could not

direct its movements effectually if he himself fought in the ranks or

led an assault. It is the same with bodies of men. Some things can not

be done except by bodies; other things can not be well done by them.

It is one question, therefore, what a popular assembly should control,

another what it should itself do. It should, as we have already seen,

control all the operations of government. But, in order to determine

through what channel this general control may most expediently be

exercised, and what portion of the business of government the

representative assembly should hold in its own hands, it is necessary

to consider what kinds of business a numerous body is competent to

perform properly. That alone which it can do well it ought to take

personally upon itself. With regard to the rest, its proper province

is not to do it, but to take means for having it well done by others.

For example, the duty which is considered as belonging more peculiarly

than any other to an assembly representative of the people is that of

voting the taxes. Nevertheless, in no country does the representative

body undertake, by itself or its delegated officers, to prepare the

estimates. Though the supplies can only be voted by the House of

Commons, and though the sanction of the House is also required for the

appropriation of the revenues to the different items of the public

expenditure, it is the maxim and the uniform practice of the

Constitution that money can be granted only on the proposition of the

crown. It has, no doubt, been felt that moderation as to the amount,

and care and judgment in the detail of its application, can only be

expected when the executive government, through whose hands it is to

pass, is made responsible for the plans and calculations on which the

disbursements are grounded. Parliament, accordingly, is not expected,

nor even permitted, to originate directly either taxation or

expenditure. All it is asked for is its consent, and the sole power it

possesses is that of refusal.

The principles which are involved and recognized in this

constitutional doctrine, if followed as far as they will go, are a

guide to the limitation and definition of the general functions of

representative assemblies. In the first place, it is admitted in all

countries in which the representative system is practically

understood, that numerous representative bodies ought not to

administer. The maxim is grounded not only on the most essential

principles of good government, but on those of the successful conduct

of business of any description. No body of men, unless organized and

under command, is fit for action, in the proper sense. Even a select

board, composed of few members, and these specially conversant with

the business to be done, is always an inferior instrument to some one

individual who could be found among them, and would be improved in

character if that one person were made the chief, and all the others

reduced to subordinates. What can be done better by a body than by any

individual is deliberation. When it is necessary or important to

secure hearing and consideration to many conflicting opinions, a

deliberative body is indispensable. Those bodies, therefore, are

frequently useful, even for administrative business, but in general

only as advisers; such business being, as a rule, better conducted

under the responsibility of one. Even a joint-stock company has always

in practice, if not in theory, a managing director; its good or bad

management depends essentially on some one person's qualifications,

and the remaining directors, when of any use, are so by their

suggestions to him, or by the power they possess of watching him, and

restraining or removing him in case of misconduct. That they are

ostensibly equal shares with him in the management is no advantage,

but a considerable set-off against any good which they are capable of

doing: it weakens greatly the sense in his own mind, and in those of

other people, of that individual responsibility in which he should

stand forth personally and undividedly.

But a popular assembly is still less fitted to administer, or to

dictate in detail to those who have the charge of administration. Even

when honestly meant, the interference is almost always injurious.

Every branch of public administration is a skilled business, which has

its own peculiar principles and traditional rules, many of them not

even known in any effectual way, except to those who have at some time

had a hand in carrying on the business, and none of them likely to be

duly appreciated by persons not practically acquainted with the

department. I do not mean that the transaction of public business has

esoteric mysteries, only to be understood by the initiated. Its

principles are all intelligible to any person of good sense, who has

in his mind a true picture of the circumstances and conditions to be

dealt with; but to have this he must know those circumstances and

conditions; and the knowledge does not come by intuition. There are

many rules of the greatest importance in every branch of public

business (as there are in every private occupation), of which a person

fresh to the subject neither knows the reason or even suspects the

existence, because they are intended to meet dangers or provide

against inconveniences which never entered into his thoughts. I have

known public men, ministers of more than ordinary natural capacity,

who, on their first introduction to a department of business new to

them, have excited the mirth of their inferiors by the air with which

they announced as a truth hitherto set at nought, and brought to light

by themselves, something which was probably the first thought of every

body who ever looked at the subject, given up as soon as he had got on

to a second. It is true that a great statesman is he who knows when to

depart from traditions, as well as when to adhere to them; but it is a

great mistake to suppose that he will do this better for being

ignorant of the traditions. No one who does not thoroughly know the

modes of action which common experience has sanctioned is capable of

judging of the circumstances which require a departure from those

ordinary modes of action. The interests dependent on the acts done by

a public department, the consequences liable to follow from any

particular mode of conducting it, require for weighing and estimating

them a kind of knowledge, and of specially exercised judgment, almost

as rarely found in those not bred to it, as the capacity to reform the

law in those who have not professionally studied it. All these

difficulties are sure to be ignored by a representative assembly which

attempts to decide on special acts of administration. At its best, it

is inexperience sitting in judgment on experience, ignorance on

knowledge; ignorance which, never suspecting the existence of what it

does not know, is equally careless and supercilious, making light of,

if not resenting, all pretensions to have a judgment better worth

attending to than its own. Thus it is when no interested motives

intervene; but when they do, the result is jobbery more unblushing and

audacious than the worst corruption which can well take place in a

public office under a government of publicity. It is not necessary

that the interested bias should extend to the majority of the

assembly. In any particular case it is of ten enough that it affects

two or three of their number. Those two or three will have a greater

interest in misleading the body than any other of its members are

likely to have in putting it right. The bulk of the assembly may keep

their hands clean, but they can not keep their minds vigilant or their

judgments discerning in matters they know nothing about; and an

indolent majority, like an indolent individual, belongs to the person

who takes most pains with it. The bad measures or bad appointments of

a minister may be checked by Parliament; and the interest of ministers

in defending, and of rival partisans in attacking, secures a tolerably

equal discussion; but _quis custodiet custodes?_ who shall check the

Parliament? A minister, a head of an office, feels himself under some

responsibility. An assembly in such cases feels under no

responsibility at all; for when did any member of Parliament lose his

seat for the vote he gave on any detail of administration? To a

minister, or the head of an office, it is of more importance what will

be thought of his proceedings some time hence, than what is thought of

them at the instant; but an assembly, if the cry of the moment goes

with it, however hastily raised or artificially stirred up, thinks

itself and is thought by every body, to be completely exculpated,

however disastrous may be the consequences. Besides, an assembly never

personally experiences the inconveniences of its bad measures until

they have reached the dimensions of national evils. Ministers and

administrators see them approaching, and have to bear all the

annoyance and trouble of attempting to ward them off.

The proper duty of a representative assembly in regard to matters of

administration is not to decide them by its own vote, but to take care

that the persons who have to decide them shall be the proper persons.

Even this they can not advantageously do by nominating the

individuals. There is no act which more imperatively requires to be

performed under a strong sense of individual responsibility than the

nomination to employments. The experience of every person conversant

with public affairs bears out the assertion that there is scarcely any

act respecting which the conscience of an average man is less

sensitive; scarcely any case in which less consideration is paid to

qualifications, partly because men do not know, and partly because

they do not care for, the difference in qualifications between one

person and another. When a minister makes what is meant to be an

honest appointment, that is, when he does not actually job it for his

personal connections or his party, an ignorant person might suppose

that he would try to give it to the person best qualified. No such

thing. An ordinary minister thinks himself a miracle of virtue if he

gives it to a person of merit, or who has a claim on the public on any

account, though the claim or the merit may be of the most opposite

description to that required. _Il fallait un calculateur, ce fut un

danseur qui l'obtint_, is hardly more of a caricature than in the days

of Figaro; and the minister doubtless thinks himself not only

blameless, but meritorious, if the man dances well. Besides, the

qualifications which fit special individuals for special duties can

only be recognized by those who know the individuals, or who make it

their business to examine and judge of persons from what they have

done, or from the evidence of those who are in a position to judge.

When these conscientious obligations are so little regarded by great

public officers who can be made responsible for their appointments,

how must it be with assemblies who can not? Even now, the worst

appointments are those which are made for the sake of gaining support

or disarming opposition in the representative body; what might we

expect if they were made by the body itself? Numerous bodies never

regard special qualifications at all. Unless a man is fit for the

gallows, he is thought to be about as fit as other people for almost

any thing for which he can offer himself as a candidate. When

appointments made by a public body are not decided, as they almost

always are, by party connection or private jobbing, a man is appointed

either because he has a reputation, often quite undeserved, for

_general_ ability, or oftener for no better reason than that he is

personally popular.

It has never been thought desirable that Parliament should itself

nominate even the members of a cabinet. It is enough that it virtually

decides who shall be prime minister, or who shall be the two or three

individuals from whom the prime minister shall be chosen. In doing

this, it merely recognizes the fact that a certain person is the

candidate of the party whose general policy commands its support. In

reality, the only thing which Parliament decides is, which of two, or

at most three, parties or bodies of men shall furnish the executive

government: the opinion of the party itself decides which of its

members is fittest to be placed at the head. According to the existing

practice of the British Constitution, these things seem to be on as

good a footing as they can be. Parliament does not nominate any

minister, but the crown appoints the head of the administration in

conformity to the general wishes and inclinations manifested by

Parliament, and the other ministers on the recommendation of the

chief; while every minister has the undivided moral responsibility of

appointing fit persons to the other offices of administration which

are not permanent. In a republic, some other arrangement would be

necessary; but the nearer it approached in practice to that which has

long existed in England, the more likely it would be to work well.

Either, as in the American republic, the head of the executive must be

elected by some agency entirely independent of the representative

body; or the body must content itself with naming the prime minister,

and making him responsible for the choice of his associates and

subordinates. In all these considerations, at least theoretically, I

fully anticipate a general assent; though, practically, the tendency

is strong in representative bodies to interfere more and more in the

details of administration, by virtue of the general law, that whoever

has the strongest power is more and more tempted to make an excessive

use of it; and this is one of the practical dangers to which the

futurity of representative governments will be exposed.

But it is equally true, though only of late and slowly beginning to be

acknowledged, that a numerous assembly is as little fitted for the

direct business of legislation as for that of administration. There is

hardly any kind of intellectual work which so much needs to be done

not only by experienced and exercised minds, but by minds trained to

the task through long and laborious study, as the business of making

laws. This is a sufficient reason, were there no other, why they can

never be well made but by a committee of very few persons. A reason no

less conclusive is, that every provision of a law requires to be

framed with the most accurate and long-sighted perception of its

effect on all the other provisions; and the law when made should be

capable of fitting into a consistent whole with the previously

existing laws. It is impossible that these conditions should be in any

degree fulfilled when laws are voted clause by clause in a

miscellaneous assembly. The incongruity of such a mode of legislating

would strike all minds, were it not that our laws are already, as to

form and construction, such a chaos, that the confusion and

contradiction seem incapable of being made greater by any addition to

the mass. Yet even now, the utter unfitness of our legislative

machinery for its purpose is making itself practically felt every year

more and more. The mere time necessarily occupied in getting through

bills, renders Parliament more and more incapable of passing any,

except on detached and narrow points. If a bill is prepared which even

attempts to deal with the whole of any subject (and it is impossible

to legislate properly on any part without having the whole present to

the mind), it hangs over from session to session through sheer

impossibility of finding time to dispose of it. It matters not though

the bill may have been deliberately drawn up by the authority deemed

the best qualified, with all appliances and means to boot; or by a

select commission, chosen for their conversancy with the subject, and

having employed years in considering and digesting the particular

measure: it can not be passed, because the House of Commons will not

forego the precious privilege of tinkering it with their clumsy hands.

The custom has of late been to some extent introduced, when the

principle of a bill has been affirmed on the second reading, of

referring it for consideration in detail to a select committee; but it

has not been found that this practice causes much less time to be lost

afterwards in carrying it through the committee of the whole House:

the opinions or private crotchets which have been overruled by

knowledge always insist on giving themselves a second chance before

the tribunal of ignorance. Indeed, the practice itself has been

adopted principally by the House of Lords, the members of which are

less busy and fond of meddling, and less jealous of the importance of

their individual voices, than those of the elective House. And when a

bill of many clauses does succeed in getting itself discussed in

detail, what can depict the state in which it comes out of committee!

Clauses omitted which are essential to the working of the rest;

incongruous ones inserted to conciliate some private interest, or some

crotchety member who threatens to delay the bill; articles foisted in

on the motion of some sciolist with a mere smattering of the subject,

leading to consequences which the member who introduced or those who

supported the bill did not at the moment foresee, and which need an

amending act in the next session to correct their mischiefs. It is one

of the evils of the present mode of managing these things, that the

explaining and defending of a bill, and of its various provisions, is

scarcely ever performed by the person from whose mind they emanated,

who probably has not a seat in the House. Their defense rests upon

some minister or member of Parliament who did not frame them, who is

dependent on cramming for all his arguments but those which are

perfectly obvious, who does not know the full strength of his case,

nor the best reasons by which to support it, and is wholly incapable

of meeting unforeseen objections. This evil, as far as government

bills are concerned, admits of remedy, and has been remedied in some

representative constitutions, by allowing the government to be

represented in either House by persons in its confidence, having a

right to speak, though not to vote.

If that, as yet considerable, majority of the House of Commons who

never desire to move an amendment or make a speech would no longer

leave the whole regulation of business to those who do; if they would

bethink themselves that better qualifications for legislation exist,

and may be found if sought for, than a fluent tongue, and the faculty

of getting elected by a constituency, it would soon be recognized

that, in legislation as well as administration, the only task to which

a representative assembly can possibly be competent is not that of

doing the work, but of causing it to be done; of determining to whom

or to what sort of people it shall be confided, and giving or

withholding the national sanction to it when performed. Any government

fit for a high state of civilization would have as one of its

fundamental elements a small body, not exceeding in number the members

of a cabinet, who should act as a Commission of Legislation, having

for its appointed office to make the laws. If the laws of this country

were, as surely they will soon be, revised and put into a connected

form, the Commission of Codification by which this is effected should

remain as a permanent institution, to watch over the work, protect it

from deterioration, and make further improvements as often as

required. No one would wish that this body should of itself have any

power of _enacting_ laws; the Commission would only embody the element

of intelligence in their construction; Parliament would represent that

of will. No measure would become a law until expressly sanctioned by

Parliament; and Parliament, or either house, would have the power not

only of rejecting but of sending back a bill to the commission for

reconsideration or improvement. Either house might also exercise its

initiative by referring any subject to the commission, with directions

to prepare a law. The commission, of course, would have no power of

refusing its instrumentality to any legislation which the country

desired. Instructions, concurred in by both houses, to draw up a bill

which should effect a particular purpose, would be imperative on the

commissioners, unless they preferred to resign their office. Once

framed, however, Parliament should have no power to alter the measure,

but solely to pass or reject it; or, if partially disapproved of,

remit it to the commission for reconsideration. The commissioners

should be appointed by the crown, but should hold their offices for a

time certain, say five years, unless removed on an address from the

two Houses of Parliament, grounded either on personal misconduct (as

in the case of judges), or on refusal to draw up a bill in obedience

to the demands of Parliament. At the expiration of the five years a

member should cease to hold office unless reappointed, in order to

provide a convenient mode of getting rid of those who had not been

found equal to their duties, and of infusing new and younger blood

into the body.

The necessity of some provision corresponding to this was felt even in

the Athenian Democracy, where, in the time of its most complete

ascendancy, the popular Ecclesia could pass psephisms (mostly decrees

on single matters of policy), but laws, so called, could only be made

or altered by a different and less numerous body, renewed annually,

called the Nomothetæ, whose duty it also was to revise the whole of

the laws, and keep them consistent with one another. In the English

Constitution there is great difficulty in introducing any arrangement

which is new both in form and in substance, but comparatively little

repugnance is felt to the attainment of new purposes by an adaptation

of existing forms and traditions. It appears to me that the means

might be devised of enriching the Constitution with this great

improvement through the machinery of the House of Lords. A commission

for preparing bills would in itself be no more an innovation on the

Constitution than the Board for the administration of the Poor Laws,

or the Inclosure Commission. If, in consideration of the great

importance and dignity of the trust, it were made a rule that every

person appointed a member of the Legislative Commission, unless

removed from office on an address from Parliament, should be a peer

for life, it is probable that the same good sense and taste which

leave the judicial functions of the peerage practically to the

exclusive care of the law lords would leave the business of

legislation, except on questions involving political principles and

interests, to the professional legislators; that bills originating in

the Upper House would always be drawn up by them; that the government

would devolve on them the framing of all its bills; and that private

members of the House of Commons would gradually find it convenient,

and likely to facilitate the passing of their measures through the two

houses, if, instead of bringing in a bill and submitting it directly

to the house, they obtained leave to introduce it and have it referred

to the Legislative Commission; for it would, of course, be open to the

House to refer for the consideration of that body not a subject

merely, but any specific proposal, or a Draft of a Bill _in extenso_,

when any member thought himself capable of preparing one such as ought

to pass; and the House would doubtless refer every such draft to the

commission, if only as materials, and for the benefit of the

suggestions it might contain, as they would, in like manner, refer

every amendment or objection which might be proposed in writing by any

member of the House after a measure had left the commissioners' hands.

The alteration of bills by a committee of the whole House would cease,

not by formal abolition, but by desuetude; the right not being

abandoned, but laid up in the same armoury with the royal veto, the

right of withholding the supplies, and other ancient instruments of

political warfare, which no one desires to see used, but no one likes

to part with, lest they should any time be found to be still needed in

an extraordinary emergency. By such arrangements as these, legislation

would assume its proper place as a work of skilled labor and special

study and experience; while the most important liberty of the nation,

that of being governed only by laws assented to by its elected

representatives, would be fully preserved, and made more valuable by

being detached from the serious, but by no means unavoidable drawbacks

which now accompany it in the form of ignorant and ill-considered

legislation.

Instead of the function of governing, for which it is radically unfit,

the proper office of a representative assembly is to watch and control

the government; to throw the light of publicity on its acts; to compel

a full exposition and justification of all of them which any one

considers questionable; to cinsure them if found condemnable, and, if

the men who compose the government abuse their trust, or fulfill it in

a manner which conflicts with the deliberate sense of the nation, to

expel them from office, and either expressly or virtually appoint

their successors. This is surely ample power, and security enough for

the liberty of the nation. In addition to this, the Parliament has an

office not inferior even to this in importance; to be at once the

nation's Committee of Grievances and its Congress of Opinions; an

arena in which not only the general opinion of the nation, but that of

every section of it, and, as far as possible, of every eminent

individual whom it contains, can produce itself in full light and

challenge discussion; where every person in the country may count upon

finding somebody who speaks his mind as well or better than he could

speak it himself--not to friends and partisans exclusively, but in the

face of opponents, to be tested by adverse controversy; where those

whose opinion is overruled, feel satisfied that it is heard, and set

aside not by a mere act of will, but for what are thought superior

reasons, and commend themselves as such to the representatives of the

majority of the nation; where every party or opinion in the country

can muster its strength, and be cured of any illusion concerning the

number or power of its adherents; where the opinion which prevails in

the nation makes itself manifest as prevailing, and marshals its hosts

in the presence of the government, which is thus enabled and compelled

to give way to it on the mere manifestation, without the actual

employment of its strength; where statesmen can assure themselves, far

more certainly than by any other signs, what elements of opinion and

power are growing and what declining, and are enabled to shape their

measures with some regard not solely to present exigencies, but to

tendencies in progress. Representative assemblies are often taunted by

their enemies with being places of mere talk and _bavardage_. There

has seldom been more misplaced derision. I know not how a

representative assembly can more usefully employ itself than in talk,

when the subject of talk is the great public interests of the country,

and every sentence of it represents the opinion either of some

important body of persons in the nation, or of an individual in whom

some such body have reposed their confidence. A place where every

interest and shade of opinion in the country can have its cause even

passionately pleaded, in the face of the government and of all other

interests and opinions, can compel them to listen, and either comply,

or state clearly why they do not, is in itself, if it answered no

other purpose, one of the most important political institutions that

can exist any where, and one of the foremost benefits of free

government. Such "talking" would never be looked upon with

disparagement if it were not allowed to stop "doing"; which it never

would, if assemblies knew and acknowledged that talking and discussion

are their proper business, while _doing_, as the result of discussion,

is the task not of a miscellaneous body, but of individuals specially

trained to it; that the fit office of an assembly is to see that those

individuals are honestly and intelligently chosen, and to interfere no

further with them, except by unlimited latitude of suggestion and

criticism, and by applying or withholding the final seal of national

assent. It is for want of this judicious reserve that popular

assemblies attempt to do what they can not do well--to govern and

legislate--and provide no machinery but their own for much of it, when

of course every hour spent in talk is an hour withdrawn from actual

business. But the very fact which most unfits such bodies for a

council of legislation, qualifies them the more for their other

office--namely, that they are not a selection of the greatest

political minds in the country, from whose opinions little could with

certainty be inferred concerning those of the nation, but are, when

properly constituted, a fair sample of every grade of intellect among

the people which is at all entitled to a voice in public affairs.

Their part is to indicate wants, to be an organ for popular demands,

and a place of adverse discussion for all opinions relating to public

matters, both great and small; and, along with this, to check by

criticism, and eventually by withdrawing their support, those high

public officers who really conduct the public business, or who appoint

those by whom it is conducted. Nothing but the restriction of the

function of representative bodies within these rational limits will

enable the benefits of popular control to be enjoyed in conjunction

with the no less important requisites (growing ever more important as

human affairs increase in scale and in complexity) of skilled

legislation and administration. There are no means of combining these

benefits except by separating the functions which guaranty the one

from those which essentially require the other; by disjoining the

office of control and criticism from the actual conduct of affairs,

and devolving the former on the representatives of the Many, while

securing for the latter, under strict responsibility to the nation,

the acquired knowledge and practiced intelligence of a specially

trained and experienced Few.

The preceding discussion of the functions which ought to devolve on

the sovereign representative assembly of the nation would require to

be followed by an inquiry into those properly vested in the minor

representative bodies, which ought to exist for purposes that regard

only localities. And such an inquiry forms an essential part of the

present treatise; but many reasons require its postponement, until we

have considered the most proper composition of the great

representative body, destined to control as sovereign the enactment of

laws and the administration of the general affairs of the nation.

Considerations on Representative Government · 第 5 / 17 章