Chapter IX--Should there be Two Stages of Election?

In some representative constitutions, the plan has been adopted of

choosing the members of the representative body by a double process,

the primary electors only choosing other electors, and these electing

the member of Parliament. This contrivance was probably intended as a

slight impediment to the full sweep of popular feeling, giving the

suffrage, and with it the complete ultimate power, to the Many, but

compelling them to exercise it through the agency of a comparatively

few, who, it was supposed, would be less moved than the Demos by the

gusts of popular passion; and as the electors, being already a select

body, might be expected to exceed in intellect and character the

common level of their constituents, the choice made by them was

thought likely to be more careful and enlightened, and would, in any

case, be made under a greater feeling of responsibility than election

by the masses themselves. This plan of filtering, as it were, the

popular suffrage through an intermediate body admits of a very

plausible defense; since it may be said, with great appearance of

reason, that less intellect and instruction are required for judging

who among our neighbors can be most safely trusted to choose a member

of Parliament than who is himself fittest to be one.

In the first place, however, if the dangers incident to popular power

may be thought to be in some degree lessened by this indirect

management, so also are its benefits; and the latter effect is much

more certain than the former. To enable the system to work as desired,

it must be carried into effect in the spirit in which it is planned;

the electors must use the suffrage in the manner supposed by the

theory, that is, each of them must not ask himself who the member of

Parliament should be, but only whom he would best like to choose one

for him. It is evident that the advantages which indirect is supposed

to have over direct election require this disposition of mind in the

voter, and will only be realized by his taking the doctrine _au

serieux_, that his sole business is to choose the choosers, not the

member himself. The supposition must be, that he will not occupy his

thoughts with political opinions and measures or political men, but

will be guided by his personal respect for some private individual, to

whom he will give a general power of attorney to act for him. Now if

the primary electors adopt this view of their position, one of the

principal uses of giving them a vote at all is defeated; the political

function to which they are called fails of developing public spirit

and political intelligence, of making public affairs an object of

interest to their feelings and of exercise to their faculties. The

supposition, moreover, involves inconsistent conditions; for if the

voter feels no interest in the final result, how or why can he be

expected to feel any in the process which leads to it? To wish to have

a particular individual for his representative in Parliament is

possible to a person of a very moderate degree of virtue and

intelligence, and to wish to choose an elector who will elect that

individual is a natural consequence; but for a person who does not

care who is elected, or feels bound to put that consideration in

abeyance, to take any interest whatever in merely naming the worthiest

person to elect another according to his own judgment, implies a zeal

for what is right in the abstract, an habitual principle of duty for

the sake of duty, which is possible only to persons of a rather high

grade of cultivation, who, by the very possession of it, show that

they may be, and deserve to be, trusted with political power in a more

direct shape. Of all public functions which it is possible to confer

on the poorer members of the community, this surely is the least

calculated to kindle their feelings, and holds out least natural

inducement to care for it, other than a virtuous determination to

discharge conscientiously whatever duty one has to perform; and if the

mass of electors cared enough about political affairs to set any value

on so limited a participation in them, they would not be likely to be

satisfied without one much more extensive.

In the next place, admitting that a person who, from his narrow range

of cultivation, can not judge well of the qualifications of a

candidate for Parliament, may be a sufficient judge of the honesty and

general capacity of somebody whom he may depute to choose a member of

Parliament for him, I may remark, that if the voter acquiesces in this

estimate of his capabilities, and really wishes to have the choice

made for him by a person in whom he places reliance, there is no need

of any constitutional provision for the purpose; he has only to ask

this confidential person privately what candidate he had better vote

for. In that case the two modes of election coincide in their result,

and every advantage of indirect election is obtained under direct. The

systems only diverge in their operation if we suppose that the voter

would prefer to use his own judgment in the choice of a

representative, and only lets another choose for him because the law

does not allow him a more direct mode of action. But if this be his

state of mind; if his will does not go along with the limitation which

the law imposes, and he desires to make a direct choice, he can do so

notwithstanding the law. He has only to choose as elector a known

partisan of the candidate he prefers, or some one who will pledge

himself to vote for that candidate. And this is so much the natural

working of election by two stages, that, except in a condition of

complete political indifference, it can scarcely be expected to act

otherwise. It is in this way that the election of the President of the

United States practically operates. Nominally, the election is

indirect; the population at large does not vote for the President; it

votes for electors who choose the President. But the electors are

always chosen under an express engagement to vote for a particular

candidate; nor does a citizen ever vote for an elector because of any

preference for the man; he votes for the Breckinridge ticket or the

Lincoln ticket. It must be remembered that the electors are not chosen

in order that they may search the country and find the fittest person

in it to be President or to be a member of Parliament. There would be

something to be said for the practice if this were so; but it is not

so, nor ever will be, until mankind in general are of opinion, with

Plato, that the proper person to be intrusted with power is the person

most unwilling to accept it. The electors are to make choice of one of

those who have offered themselves as candidates, and those who choose

the electors already know who these are. If there is any political

activity in the country, all electors who care to vote at all have

made up their minds which of these candidates they would like to have,

and will make that the sole consideration in giving their vote. The

partisans of each candidate will have their list of electors ready,

all pledged to vote for that individual; and the only question

practically asked of the primary elector will be, which of these lists

he will support.

The case in which election by two stages answers well in practice is

when the electors are not chosen solely as electors, but have other

important functions to discharge, which precludes their being selected

solely as delegates to give a particular vote. This combination of

circumstances exemplifies itself in another American institution, the

Senate of the United States. That assembly, the Upper House, as it

were, of Congress, is considered to represent not the people directly,

but the States as such, and to be the guardian of that portion of

their sovereign rights which they have not alienated. As the internal

sovereignty of each state is, by the nature of an equal federation,

equally sacred whatever be the size or importance of the state, each

returns to the Senate the same number of members (two), whether it be

little Delaware or the "Empire State" of New York. These members are

not chosen by the population, but by the State Legislatures,

themselves elected by the people of each state; but as the whole

ordinary business of a legislative assembly, internal legislation and

the control of the executive, devolves upon these bodies, they are

elected with a view to those objects more than to the other; and in

naming two persons to represent the state in the federal Senate they

for the most part exercise their own judgment, with only that general

reference to public opinion necessary in all acts of the government of

a democracy. The elections thus made have proved eminently successful,

and are conspicuously the best of all the elections in the United

States, the Senate invariably consisting of the most distinguished men

among those who have made themselves sufficiently known in public

life. After such an example, it can not be said that indirect popular

election is never advantageous. Under certain conditions it is the

very best system that can be adopted. But those conditions are hardly

to be obtained in practice except in a federal government like that of

the United States, where the election can be intrusted to local bodies

whose other functions extend to the most important concerns of the

nation. The only bodies in any analogous position which exist, or are

likely to exist, in this country, are the municipalities, or any other

boards which have been or may be created for similar local purposes.

Few persons, however, would think it any improvement in our

Parliamentary constitution if the members for the City of London were

chosen by the aldermen and Common Council, and those for the borough

of Marylebone avowedly, as they already are virtually, by the vestries

of the component parishes. Even if those bodies, considered merely as

local boards, were far less objectionable than they are, the qualities

that would fit them for the limited and peculiar duties of municipal

or parochial ædileship are no guaranty of any special fitness to judge

of the comparative qualifications of candidates for a seat in

Parliament. They probably would not fulfill this duty any better than

it is fulfilled by the inhabitants voting directly; while, on the

other hand, if fitness for electing members of Parliament had to be

taken into consideration in selecting persons for the office of

vestrymen or town councillors, many of those who are fittest for that

more limited duty would inevitably be excluded from it, if only by the

necessity there would be of choosing persons whose sentiments in

general politics agreed with those of the voters who elected them. The

mere indirect political influence of town-councils has already led to

a considerable perversion of municipal elections from their intended

purpose, by making them a matter of party politics. If it were part of

the duty of a man's book-keeper or steward to choose his physician, he

would not be likely to have a better medical attendant than if he

chose one for himself, while he would be restricted in his choice of a

steward or book-keeper to such as might, without too great danger to

his health, be intrusted with the other office.

It appears, therefore, that every benefit of indirect election which

is attainable at all is attainable under direct; that such of the

benefits expected from it as would not be obtained under direct

election will just as much fail to be obtained under indirect; while

the latter has considerable disadvantages peculiar to itself. The mere

fact that it is an additional and superfluous wheel in the machinery

is no trifling objection. Its decided inferiority as a means of

cultivating public spirit and political intelligence has already been

dwelt upon; and if it had any effective operation at all--that is, if

the primary electors did to any extent leave to their nominees the

selection of their Parliamentary representative, the voter would be

prevented from identifying himself with his member of Parliament, and

the member would feel a much less active sense of responsibility to

his constituents. In addition to all this, the comparatively small

number of persons in whose hands, at last, the election of a member of

Parliament would reside, could not but afford great additional

facilities to intrigue, and to every form of corruption compatible

with the station in life of the electors. The constituencies would

universally be reduced, in point of conveniences for bribery, to the

condition of the small boroughs at present. It would be sufficient to

gain over a small number of persons to be certain of being returned.

If it be said that the electors would be responsible to those who

elected them, the answer is obvious, that, holding no permanent office

or position in the public eye, they would risk nothing by a corrupt

vote except what they would care little for, not to be appointed

electors again: and the main reliance must still be on the penalties

for bribery, the insufficiency of which reliance, in small

constituencies, experience has made notorious to all the world. The

evil would be exactly proportional to the amount of discretion left to

the chosen electors. The only case in which they would probably be

afraid to employ their vote for the promotion of their personal

interest would be when they were elected under an express pledge, as

mere delegates, to carry, as it were, the votes of their constituents

to the hustings. The moment the double stage of election began to have

any effect, it would begin to have a bad effect. And this we shall

find true of the principle of indirect election however applied,

except in circumstances similar to those of the election of senators

in the United States.

It is unnecessary, as far as England is concerned, to say more in

opposition to a scheme which has no foundation in any of the national

traditions. An apology may even be expected for saying so much against

a political expedient which perhaps could not, in this country, muster

a single adherent. But a conception so plausible at the first glance,

and for which there are so many precedents in history, might perhaps,

in the general chaos of political opinions, rise again to the surface,

and be brought forward on occasions when it might be seductive to some

minds; and it could not, therefore, even if English readers were alone

to be considered, be passed altogether in silence.

Considerations on Representative Government · 第 8 / 17 章