Chapter XII--Ought Pledges to be Required from Members of Parliament?

Should a member of the legislature be bound by the instructions of his

constituents? Should he be the organ of their sentiments, or of his

own? their ambassador to a congress, or their professional agent,

empowered not only to act for them, but to judge for them what ought

to be done? These two theories of the duty of a legislator in a

representative government have each its supporters, and each is the

recognized doctrine of some representative governments. In the Dutch

United Provinces, the members of the States-General were mere

delegates; and to such a length was the doctrine carried, that when

any important question arose which had not been provided for in their

instructions, they had to refer back to their constituents, exactly as

an ambassador does to the government from which he is accredited. In

this and most other countries which possess representative

constitutions, law and custom warrant a member of Parliament in voting

according to his opinion of right, however different from that of his

constituents; but there is a floating notion of the opposite kind,

which has considerable practical operation on many minds, even of

members of Parliament, and often makes them, independently of desire

for popularity or concern for their re-election, feel bound in

conscience to let their conduct on questions on which their

constituents have a decided opinion be the expression of that opinion

rather than of their own. Abstractedly from positive law, and from the

historical traditions of any particular people, which of these notions

of the duty of a representative is the true one?

Unlike the questions which we have hitherto treated, this is not a

question of constitutional legislation, but of what may more properly

be called constitutional morality--the ethics of representative

government. It does not so much concern institutions as the temper of

mind which the electors ought to bring to the discharge of their

functions, the ideas which should prevail as to the moral duties of an

elector; for, let the system of representation be what it may, it will

be converted into one of mere delegation if the electors so choose. As

long as they are free not to vote, and free to vote as they like, they

can not be prevented from making their vote depend on any condition

they think fit to annex to it. By refusing to elect any one who will

not pledge himself to all their opinions, and even, if they please, to

consult with them before voting on any important subject not foreseen,

they can reduce their representative to their mere mouthpiece, or

compel him in honor, when no longer willing to act in that capacity,

to resign his seat. And since they have the power of doing this, the

theory of the Constitution ought to suppose that they will wish to do

it, since the very principle of constitutional government requires it

to be assumed that political power will be abused to promote the

particular purposes of the holder; not because it always is so, but

because such is the natural tendency of things, to guard against which

is the especial use of free institutions. However wrong, therefore, or

however foolish, we may think it in the electors to convert their

representative into a delegate, that stretch of the electoral

privilege being a natural and not improbable one, the same precautions

ought to be taken as if it were certain. We may hope that the electors

will not act on this notion of the use of the suffrage; but a

representative government needs to be so framed that even if they do,

they shall not be able to effect what ought not to be in the power of

any body of persons--class legislation for their own benefit.

When it is said that the question is only one of political morality,

this does not extenuate its importance. Questions of constitutional

morality are of no less practical moment than those relating to the

constitution itself. The very existence of some governments, and all

that renders others endurable, rests on the practical observance of

doctrines of constitutional morality; traditional notions in the minds

of the several constituted authorities, which modify the use

that might otherwise be made of their powers. In unbalanced

governments--pure monarchy, pure aristocracy, pure democracy--such

maxims are the only barrier which restrains the government from the

utmost excesses in the direction of its characteristic tendency. In

imperfectly balanced governments, where some attempt is made to set

constitutional limits to the impulses of the strongest power, but

where that power is strong enough to overstep them with at least

temporary impunity, it is only by doctrines of constitutional

morality, recognized and sustained by opinion, that any regard at all

is preserved for the checks and limitations of the constitution. In

well-balanced governments, in which the supreme power is divided, and

each sharer is protected against the usurpations of the others in the

only manner possible, namely, by being armed for defense with weapons

as strong as the others can wield for attack, the government can only

be carried on by forbearance on all sides to exercise those extreme

powers, unless provoked by conduct equally extreme on the part of some

other sharer of power; and in this case we may truly say that only by

the regard paid to maxims of constitutional morality is the

constitution kept in existence. The question of pledges is not one of

those which vitally concern the existence of representative

governments, but it is very material to their beneficial operation.

The laws can not prescribe to the electors the principles by which

they shall direct their choice, but it makes a great practical

difference by what principles they think they ought to direct it; and

the whole of that great question is involved in the inquiry whether

they should make it a condition that the representative shall adhere

to certain opinions laid down for him by his constituents.

No reader of this treatise can doubt what conclusion, as to this

matter, results from the general principles which it professes.

We have from the first affirmed, and unvaryingly kept in

view, the coequal importance of two great requisites of

government--responsibility to those for whose benefit political power

ought to be, and always professes to be, employed; and jointly

therewith, to obtain, in the greatest measure possible, for the

function of government, the benefits of superior intellect, trained by

long meditation and practical discipline to that special task. If this

second purpose is worth attaining, it is worth the necessary price.

Superior powers of mind and profound study are of no use, if they do

not sometimes lead a person to different conclusions from those which

are formed by ordinary powers of mind without study; and if it be an

object to possess representatives in any intellectual respect superior

to average electors, it must be counted upon that the representative

will sometimes differ in opinion from the majority of his

constituents, and that when he does, his opinion will be the oftenest

right of the two. It follows that the electors will not do wisely if

they insist on absolute conformity to their opinions as the condition

of his retaining his seat.

The principle is thus far obvious; but there are real difficulties in

its application, and we will begin by stating them in their greatest

force. If it is important that the electors should choose a

representative more highly instructed than themselves, it is no less

necessary that this wiser man should be responsible to them; in other

words, they are the judges of the manner in which he fulfils his

trust; and how are they to judge, except by the standard of their own

opinions? How are they even to select him in the first instance but by

the same standard? It will not do to choose by mere brilliancy--by

superiority of showy talent. The tests by which an ordinary man can

judge beforehand of mere ability are very imperfect; such as they are,

they have almost exclusive reference to the arts of expression, and

little or none to the worth of what is expressed. The latter can not

be inferred from the former; and if the electors are to put their own

opinions in abeyance, what criterion remains to them of the ability to

govern well? Neither, if they could ascertain, even infallibly, the

ablest man, ought they to allow him altogether to judge for them,

without any reference to their own opinions. The ablest candidate may

be a Tory, and the electors Liberals; or a Liberal, and they may be

Tories. The political questions of the day may be Church questions,

and he may be a High-Churchman or a Rationalist, while they may be

Dissenters or Evangelicals, and _vice versâ_. His abilities, in these

cases, might only enable him to go greater lengths, and act with

greater effect, in what they may conscientiously believe to be a wrong

course; and they may be bound, by their sincere convictions, to think

it more important that their representative should be kept, on these

points, to what they deem the dictate of duty, than that they should

be represented by a person of more than average abilities. They may

also have to consider, not solely how they can be most ably

represented, but how their particular moral position and mental point

of view shall be represented at all. The influence of every mode of

thinking which is shared by numbers ought to be felt in the

Legislature; and the Constitution being supposed to have made due

provision that other and conflicting modes of thinking shall be

represented likewise, to secure the proper representation for their

own mode may be the most important matter which the electors on the

particular occasion have to attend to. In some cases, too, it may be

necessary that the representative should have his hands tied to keep

him true to their interest, or rather to the public interest as they

conceive it. This would not be needful under a political system which

assured them an indefinite choice of honest and unprejudiced

candidates; but under the existing system, in which the electors are

almost always obliged, by the expenses of election and the general

circumstances of society, to select their representative from persons

of a station in life widely different from theirs, and having a

different class interest, who will affirm that they ought to abandon

themselves to his discretion? Can we blame an elector of the poorer

classes, who has only the choice among two or three rich men, for

requiring from the one he votes for a pledge to those measures which

he considers as a test of emancipation from the class interests of the

rich? It will, moreover, always happens to some members of the

electoral body to be obliged to accept the representative selected by

a majority of their own side. But, though a candidate of their own

choosing would have no chance, their votes may be necessary to the

success of the one chosen for them, and their only means of exerting

their share of influence on his subsequent conduct may be to make

their support of him dependent on his pledging himself to certain

conditions.

These considerations and counter-considerations are so intimately

interwoven with one another; it is so important that the electors

should choose as their representatives wiser men than themselves, and

should consent to be governed according to that superior wisdom, while

it is impossible that conformity to their own opinions, when they have

opinions, should not enter largely into their judgment as to who

possesses the wisdom, and how far its presumed possessor has verified

the presumption by his conduct, that it seems quite impracticable to

lay down for the elector any positive rule of duty; and the result

will depend less on any exact prescription or authoritative doctrine

of political morality than on the general tone of mind of the

electoral body in respect to the important requisite of deference to

mental superiority. Individuals and peoples who are acutely sensible

of the value of superior wisdom are likely to recognize it, where it

exists, by other signs than thinking exactly as they do, and even in

spite of considerable differences of opinion; and when they have

recognized it they will be far too desirous to secure it, at any

admissible cost, to be prone to impose their own opinion as a law upon

persons whom they look up to as wiser than themselves. On the other

hand, there is a character of mind which does not look up to any one;

which thinks no other person's opinion much better than its own, or

nearly so good as that of a hundred or a thousand persons like itself.

Where this is the turn of mind of the electors, they will elect no one

who is not, or at least who does not profess to be, the image of their

own sentiments, and will continue him no longer than while he reflects

those sentiments in his conduct; and all aspirants to political honors

will endeavour, as Plato says in the Gorgias, to fashion themselves

after the model of the Demos, and make themselves as like to it as

possible. It can not be denied that a complete democracy has a strong

tendency to cast the sentiments of the electors in this mould.

Democracy is not favorable to the reverential spirit. That it destroys

reverence for mere social position must be counted among the good, not

the bad part of its influences, though by doing this it closes the

principal _school_ of reverence (as to merely human relations) which

exists in society. But also democracy, in its very essence, insists so

much more forcibly on the things in which all are entitled to be

considered equally than on those in which one person is entitled to

more consideration than another, that respect for even personal

superiority is likely to be below the mark. It is for this, among

other reasons, I hold it of so much importance that the institutions

of the country should stamp the opinions of persons of a more educated

class as entitled to greater weight than those of the less educated;

and I should still contend for assigning plurality of votes to

authenticated superiority of education were it only to give the tone

to public feeling, irrespective of any direct political consequences.

When there does exist in the electoral body an adequate sense of the

extraordinary difference in value between one person and another, they

will not lack signs by which to distinguish the persons whose worth

for their purposes is the greatest. Actual public services will

naturally be the foremost indication: to have filled posts of

magnitude, and done important things in them, of which the wisdom has

been justified by the results; to have been the author of measures

which appear from their effects to have been wisely planned; to have

made predictions which have been of verified by the event, seldom or

never falsified by it; to have given advice, which when taken has been

followed by good consequences--when neglected, by bad. There is

doubtless a large portion of uncertainty in these signs of wisdom; but

we are seeking for such as can be applied by persons of ordinary

discernment. They will do well not to rely much on any one indication,

unless corroborated by the rest, and, in their estimation of the

success or merit of any practical effort, to lay great stress on the

general opinion of disinterested persons conversant with the subject

matter. The tests which I have spoken of are only applicable to tried

men, among whom must be reckoned those who, though untried

practically, have been tried speculatively; who, in public speech or

in print, have discussed public affairs in a manner which proves that

they have given serious study to them. Such persons may, in the mere

character of political thinkers, have exhibited a considerable amount

of the same titles to confidence as those who have been proved in the

position of practical statesmen. When it is necessary to choose

persons wholly untried, the best criteria are, reputation for ability

among those who personally know them, and the confidence placed and

recommendations given by persons already looked up to. By tests like

these, constituencies who sufficiently value mental ability, and

eagerly seek for it, will generally succeed in obtaining men beyond

mediocrity, and often men whom they can trust to carry on public

affairs according to their unfettered judgment; to whom it would be an

affront to require that they should give up that judgment at the

behest of their inferiors in knowledge. If such persons, honestly

sought, are not to be found, then indeed the electors are justified in

taking other precautions, for they can not be expected to postpone

their particular opinions, unless in order that they may be served by

a person of superior knowledge to their own. They would do well,

indeed, even then, to remember that when once chosen, the

representative, if he devotes himself to his duty, has greater

opportunities of correcting an original false judgment than fall to

the lot of most of his constituents; a consideration which generally

ought to prevent them (unless compelled by necessity to choose some

one whose impartiality they do not fully trust) from exacting a pledge

not to change his opinion, or, if he does, to resign his seat. But

when an unknown person, not certified in unmistakable terms by some

high authority, is elected for the first time, the elector can not be

expected not to make conformity to his own sentiments the primary

requisite. It is enough if he does not regard a subsequent change of

those sentiments, honestly avowed, with its grounds undisguisedly

stated, as a peremptory reason for withdrawing his confidence.

Even supposing the most tried ability and acknowledged eminence of

character in the representative, the private opinions of the electors

are not to be placed entirely in abeyance. Deference to mental

superiority is not to go the length of self-annihilation--abnegation

of any personal opinion. But when the difference does not relate to

the fundamentals of politics, however decided the elector may be in

his own sentiments, he ought to consider that when an able man differs

from him there is at least a considerable chance of his being in the

wrong, and that even if otherwise, it is worth while to give up his

opinion in things not absolutely essential, for the sake of the

inestimable advantage of having an able man to act for him in the many

matters in which he himself is not qualified to form a judgment. In

such cases he often endeavours to reconcile both wishes by inducing

the able man to sacrifice his own opinion on the points of difference;

but for the able man to lend himself to this compromise is treason

against his especial office--abdication of the peculiar duties of

mental supremacy, of which it is one of the most sacred not to desert

the cause which has the clamor against it, nor to deprive of his

services those of his opinions which need them the most. A man of

conscience and known ability should insist on full freedom to act as

he in his own judgment deems best, and should not consent to serve on

any other terms. But the electors are entitled to know how he means to

act; what opinions, on all things which concern his public duty, he

intends should guide his conduct. If some of these are unacceptable to

them, it is for him to satisfy them that he nevertheless deserves to

be their representative; and if they are wise, they will overlook, in

favor of his general value, many and great differences between his

opinions and their own. There are some differences, however, which

they can not be expected to overlook. Whoever feels the amount of

interest in the government of his country which befits a freeman, has

some convictions on national affairs which are like his life-blood;

which the strength of his belief in their truth, together with the

importance he attaches to them, forbid him to make a subject of

compromise, or postpone to the judgment of any person, however greatly

his superior. Such convictions, when they exist in a people, or in any

appreciable portion of one, are entitled to influence in virtue of

their mere existence, and not solely in that of the probability of

their being grounded in truth. A people can not be well governed in

opposition to their primary notions of right, even though these may be

in some points erroneous. A correct estimate of the relation which

should subsist between governors and governed does not require the

electors to consent to be represented by one who intends to govern

them in opposition to their fundamental convictions. If they avail

themselves of his capacities of useful service in other respects at a

time when the points on which he is vitally at issue with them are not

likely to be mooted, they are justified in dismissing him at the first

moment when a question arises involving these, and on which there is

not so assured a majority for what they deem right as to make the

dissenting voice of that particular individual unimportant. Thus (I

mention names to illustrate my meaning, not for any personal

application) the opinions supposed to be entertained by Mr. Cobden and

Mr. Bright on resistance to foreign aggression might be overlooked

during the Crimean war, when there was an overwhelming national

feeling on the contrary side, and might yet very properly lead to

their rejection by the electors at the time of the Chinese quarrel

(though in itself a more doubtful question), because it was then for

some time a moot point whether their view of the case might not

prevail.

As the general result of what precedes, we may affirm that actual

pledges should not be required unless, from unfavorable social

circumstances or family institutions, the electors are so narrowed in

their choice as to be compelled to fix it on a person presumptively

under the influence of partialities hostile to their interest: That

they are entitled to a full knowledge of the political opinions and

sentiments of the candidate; and not only entitled, but often bound to

reject one who differs from themselves on the few articles which are

the foundation of their political belief: that, in proportion to the

opinion they entertain of the mental superiority of a candidate, they

ought to put up with his expressing and acting on opinions different

from theirs on any number of things not included in their fundamental

articles of belief: that they ought to be unremitting in their search

for a representative of such calibre as to be intrusted with full

power of obeying the dictates of his own judgment: that they should

consider it a duty which they owe to their fellow-countrymen, to do

their utmost toward placing men of this quality in the Legislature,

and that it is of much greater importance to themselves to be

represented by such a man than by one who professes agreement in a

greater number of their opinions; for the benefits of his ability are

certain, while the hypothesis of his being wrong and their being right

on the points of difference is a very doubtful one.

I have discussed this question on the assumption that the electoral

system, in all that depends on positive institution, conforms to the

principles laid down in the preceding chapters. Even on this

hypothesis, the delegation theory of representation seems to me false,

and its practical operation hurtful, though the mischief would in that

case be confined within certain bounds. But if the securities by which

I have endeavoured to guard the representative principle are not

recognized by the Constitution; if provision is not made for the

representation of minorities, nor any difference admitted in the

numerical value of votes, according to some criterion of the amount of

education possessed by the voters--in that case, no words can

exaggerate the importance in principle of leaving an unfettered

discretion to the representative; for it would then be the only

chance, under universal suffrage, for any other opinions than those of

the majority to be heard in Parliament. In that falsely called

democracy which is really the exclusive rule of the operative classes,

all others being unrepresented and unheard, the only escape from class

legislation in its narrowest, and political ignorance in its most

dangerous form, would lie in such disposition as the uneducated might

have to choose educated representatives, and to defer to their

opinions. Some willingness to do this might reasonably be expected,

and every thing would depend upon cultivating it to the highest point.

But, once invested with political omnipotence, if the operative

classes voluntarily concurred in imposing in this or any other manner

any considerable limitation upon their self-opinion and self-will,

they would prove themselves wiser than any class possessed of absolute

power has shown itself, or, we may venture to say, is ever likely to

show itself under that corrupting influence.

Considerations on Representative Government · 第 11 / 17 章