CHAPTER VII.

Forms of Government.—Senatorial Regulations.—Speakers.—Peculiar

Debate.—Fundamental Laws.—Unwise Legislators.—Timely

Improvements.—Legislative Problem.—Legislative Expedient.—Error in

Government.—Division of Laws.—Repeal of Fundamental Laws.—Guard

against Precipitancy.—Laws of Treason.—Mature Deliberation.—National

Will.

All the states, which, as has been mentioned above, are eleven in

number, differ more or less from each other in their form of government,

but are alike in all the most important and fundamental principles

adopted; several of which are strangely at variance with everything that

is to be found in the northern hemisphere. Seven out of the eleven

states are denominated kingdoms: but of these, four only are under an

hereditary royalty; the other three being, as far as the travellers

could ascertain, rather of the character of republics than of strictly

regal governments; but retaining the title of King to denote the chief

magistrate for the time being, somewhat corresponding to the Athenian

archon, Roman consul, or American president. There are four other states

also which are, in name as well as in substance, republics. But these

differences are greater in appearance than in reality; the kingdoms

which are the most strictly so called, being by no means under an

unlimited monarchy.

Many of the particulars respecting the constitutions and laws of the

several states the travellers were of course, during their short stay,

unable to collect, except very slightly and imperfectly. From those

which they did collect, and ascertain with sufficient certainty, we

shall select such as are likely to be the most interesting, from their

dissimilarity to European institutions.

It was in the state of Atroloria,—so called from the lake of the same

name[1] within its territory,—which the travellers first reached, that

they had the earliest opportunity of witnessing debates in their senate.

They afterwards, on several occasions, attended the legislative

assemblies in other places. The circumstance which in the first instance

most attracted, by its novelty to them, the attention of the visitors,

was one which they found on inquiry was common to all the states in

their deliberative assemblies; being a regulation originally established

by Müller, and afterwards, from its tried advantage and convenience,

continued universally and uninterruptedly. It was this, that no member

was allowed to _speak_ and to _vote_ on the same question, but each had

his choice between the two. The proceedings, accordingly, bore some

resemblance to those of a court of justice in civil causes; the speakers

corresponding to the pleaders who address the court,—the voters, to the

jury, who give the verdict. The difference is, that each member has it

left to his choice which character he will take. Any member wishing to

address the house, quits his seat and places himself in front of the

chair of the moderator,—answering to the speaker or chairman; and when

he has spoken, seats himself, not in his former place, but, with a view

to prevent mistake or confusion, on a bench appropriated to the purpose,

and thence called the speakers’ bench; or he is at liberty to leave the

assembly if he thinks fit. When the question has been put to the vote

and decided, and a fresh question is coming on, he resumes his original

seat. Certain public functionaries, who are not members, have a seat by

right on the speakers’ bench, and are at liberty to address the house

(though they have no vote) when there is any reference to the business

of their own peculiar departments.

Footnote 1:

The lake was so called by the early settlers; doubtless from the same

cause which led to the name of our own colony in Western Australia.

Whether owing to this circumstance, or to any other, the debates were

observed to be shorter, and the speakers much fewer, than is usual in

European assemblies. They seldom exceeded two or three on each side.

The travellers observed that the speakers rarely used even the smallest

degree of action, but usually kept themselves remarkably still while

speaking. This, it appears, was one of the results of that general and

deep-rooted association already alluded to. In the course of

conversation on this subject, the Southlanders, it appeared, considered

it as something uncivilized to use either vociferation or gesticulation

in speaking, “as the savages do.” They even accounted the refined

Athenians and Romans of old as little better than half-reclaimed

barbarians in this respect, because they would not attend to an orator

unless he stamped and shouted, and brandished his arms about, as if he

were speaking to a pack of hounds, instead of to an assembly of rational

beings.

* * * * *

The travellers were so fortunate as to witness on one occasion a debate

of a peculiar kind, which is of rare occurrence, and which served to

throw light on the whole system of legislature of this singular people.

It occurred in the kingdom of Nether-London, one of the most ancient and

populous of all the states. They found a considerable excitement and

bustle prevailing, though all was orderly and decorous, on account of a

summons issued (in our phraseology, “a call of the house”) to the

members of their assembly, called in that state the parliament, to

deliberate on the question of removing a _fundamental law_. The

particular law then in question was, they found, like the Salic law of

the French, one which confined the succession to the throne to males.

But a further inquiry let them into the knowledge of matter far more

curious and interesting,—the general principle of “fundamental laws,”

which materially affects the whole of the system of legislature in the

country; being, with slight differences of detail, common to all the

states, regal and republican, and extending also to the several

ecclesiastical communities.

“The system I am about to describe to you,” said Mr. Adamson, who was

one of their principal informants on this occasion, “was established by

the Müllers; the younger of whom, during the whole of his long reign, as

it may be called, laboured earnestly and successfully to explain its

advantages, and to perpetuate its adoption. I will put into your hands

presently a little popular tract on the subject written by him, which,

like the many others he wrote, is in every one’s hands at this day. He

sets forth in that the evils resulting, on the one hand, from retaining,

or, oftener, vainly striving to retain, all laws, usages, and

institutions unaltered, some of which, even though the result originally

of consummate wisdom, may become utterly unsuitable to other times and

altered circumstances; and, on the other hand, from frequent, sudden,

and violent changes, which are apt to agitate and unsettle men’s minds,

and to lead to consequences not designed or foreseen,—like the pulling

out of one stone from a wall, which is apt to loosen some of the others.

His discussion of this subject bears much resemblance to those I lately

saw in the little book you lent me the other day, by Lord Bacon,[2] who

strikes me as a very able writer, and likely to be well worthy of the

reputation you tell me he enjoys.

Footnote 2:

A little pocket edition of Bacon’s Essays, one of four or five small

volumes which the travellers had brought with them to beguile any

occasional tedious half-hour at their halting-places, or in their

boat.

“Müller goes on to say that unwise legislators have been in all ages apt

to bring on themselves, not one only, but both of these classes of

evils. Unmindful of the proverb, that “a stitch in time saves nine,”

they often, through dread of change, maintain unaltered things which

manifestly want altering, at the expense of much loss and inconvenience;

and when the change does come, from the inconvenience having grown to an

intolerable height, it is apt to be, in consequence, a violent, hasty,

and sometimes ruinous change. ‘That dirt made this dust,’ is a homely

old saying, which he used frequently to apply in speaking of such

instances, in allusion to those who in wet weather neglect to scrape off

the mud from the roads; and consequently, besides being for a long time

continually splashed and bemired, at length, when the mud is all dried

up by the sun, they are half smothered by the dust it produces. He would

always, therefore, he said, be, by choice, an _improver_, rather than a

_reformer_; introducing corrections and additions, from time to time, as

occasion offered, rather than letting a building become so inconvenient

or ruinous as to require being pulled down and rebuilt.

“A great reformation he considered as, in all cases, a great evil;

though frequently by far the least evil that circumstances admit of, and

though he had himself, accordingly, been always a strenuous supporter of

the great reformation of religion, notwithstanding the many evils

resulting, according to him, from its having been so long delayed and so

obstinately resisted. To avoid both of the opposite evils,—the liability

to sudden and violent changes, and the adherence to established usage

when inconvenient or mischievous,—to give the requisite stability to

governments and other institutions without shutting the door against

improvement,—this is a problem which both ancient and modern

legislators, he thought, had not well succeeded in solving. And the

same, it appears, may be said of those who have appeared in Europe since

his time. Some, like the ancient Medes and Persians, and like Lycurgus,

have attempted to prohibit all change; but those who constantly appeal

to the wisdom of their ancestors, as a sufficient reason for

perpetuating everything these have established, forget two things;

first, that they cannot hope for ever to persuade all successive

generations of men that there was once one generation of such infallible

wisdom as to be entitled to dictate to all their descendants for

ever,—so as to make the earth, in fact, the possession, not of the

living, but of the dead; and, secondly, that, even supposing our

ancestors gifted with such infallibility, many cases must arise in which

it may be reasonably doubted whether they themselves would not have

advocated, if living, changes called for by altered circumstances; even

as our own forefathers, who denoted the _southern_ quarter from

_meridies_ (noon), would not have been so foolish as to retain that

language had they come to live in this hemisphere, where the sun at noon

is in the north.

“The expedient of having two or more deliberative assemblies, or other

authorities, in a state, whose concurrent sanction shall be requisite

for enacting or abrogating laws, has often been resorted to, as a

safeguard against sudden and violent measures adopted under an

ebullition of feeling, yet without precluding well-weighed and

deliberate changes. This expedient he thought a very good one, as far as

it goes; it is adopted in various forms in each of our states. But it

appeared to him that experience had proved this provision to be not

alone sufficient for accomplishing fully the object he had in view,

which was to give the requisite stability to those more fundamental laws

which may be considered as part of the constitution of any state, (yet

not so as to attempt prohibiting a wary and deliberate alteration of

them,) and at the same time to afford proper facilities for introducing

changes into matters of detail.

“‘Nature,’ said he, ‘does not give the same degree of strength to the

footstalks of the leaves of a tree,—destined, as these are, to be shed

every year,—and to the roots, which are designed to hold the trunk fast

in the ground. If she did, either the one would be far too strong or the

other far too weak, or both of these inconveniences might take place at

once; yet this is the error committed by almost all governments. The

same machinery is provided to facilitate or to impede _every_ change

alike, in great or in small matters; the same mode is prescribed for the

maintaining, or abrogating, or introducing of _every_ law and _every_

institution alike. Among you, for instance, an act for regulating the

manufacture of soap, or an act which should introduce a complete change

into your constitution,—which should take away or restore the liberties

of half the nation,—must go through exactly the same forms, and be

passed or rejected by the same authorities under the same regulations:

in short, you are like a tree whose leaf-stalks and main roots have

neither more nor less toughness and stoutness the one than the other.’

“Now this is a state of things which he considered as always

inexpedient, and often dangerous, and which he accordingly proposed to

remedy. The system which he recommended, and which has been universally

adopted, is this. All our laws are divided into two classes; the

ordinary or repealable laws, and the fundamental. The former are

enacted, altered, or repealed much in the same manner as all laws of all

other nations: but a fundamental law is one which there exists no

immediate power to enact, annul, or amend; and it is forbidden by the

rules of the house to propose any measure that, even incidentally, goes

to defeat or interfere with the operation of any fundamental law. But it

is allowed to propose, and to pass, a bill for removing any fundamental

law from the list, and reducing it to an ordinary law; after which, it

is open to be dealt with like any other law. So, also, it is allowed to

pass a bill for placing any already existing ordinary law on the list of

fundamentals.

“The enactment, therefore, or repeal of a fundamental law, may be

accomplished at _two_ steps, though not at one; but it is further

provided that these two steps shall not take place in one session of

parliament.” [He was describing the details, he said, in the terms, and

according to the usages, of the kingdom of Nether-London; having

premised that there is a substantial agreement in principle throughout

all the states on this subject.] “When it is proposed to remove a law

from the list of fundamentals, the motion made is, ‘that such and such a

law shall, _at the close of the present session_, cease to be

fundamental.’ It remains, therefore, even should the motion be carried,

and the act receive the royal assent, irrevocable during the existing

session. When, again, the reverse measure is to be proposed, of

enrolling on the list of fundamentals some existing law, an act must

have first passed, authorizing the legislature to take into

consideration, in the _ensuing_ (or some subsequent session) the

question of enrolling such and such a law.

“Lastly, another and more important safeguard against precipitancy, is

that, in the case of a motion for removing any law from the list of the

fundamentals, or adding one to that list, every member who does not vote

_for_ the motion is, by a rule of the house, reckoned, whether present

or absent, as having voted _against_ it. In other words, such a motion

can be carried only by an _absolute_ majority of the whole house, not by

a mere comparative majority of members _present_.”

Mr. Sibthorpe having interposed a remark, that there is something in the

British constitution of the nature of a fundamental law, inasmuch as it

is treason to propose the abolition of kingly government,—so that the

maintenance of that government is irrevocable till a bill shall first

have been passed for altering the laws of treason,—Mr. Adamson admitted

that this was so far on the same footing with the law he had been

describing; “but,” added he, “if any one should—which I allow is highly

improbable—propose such an alteration of the laws of treason, that

question might legally be put to the vote in as thin a house as is

competent to transact ordinary business. I think you would do well,

after introducing our last regulation as to an absolute majority, to

place some more of your laws on the same footing. Not that there would

be any occasion for saying anything about treason. With you, as with us,

it would no doubt be quite sufficient that a member should be at once

‘called to order’ if he presumed to make any motion contrary to the

rules of the house.

“You would find, I think,” he continued, “that the adoption of our

system in regard to fundamental laws would tend to promote among you

that comparative calmness and moderation which you have remarked in our

proceedings, and to mitigate the vehemence with which, by your accounts,

one set of men oppose every change, good or bad, while another seem to

be hostile to everything that is established. Those who are by temper

and habit most disposed to the dread of innovation, lest rash schemes

should be adopted, would have their apprehensions somewhat calmed by

seeing a provision made at least against any great change being

introduced with inconsiderate _haste_; and those, again, who are most

disposed to dread the perpetuation of abuses, might be moderated in

their impatient eagerness for reform, by seeing a regular path open for

the examination and remedy of anything, however consecrated by long

usage, that should appear, on mature deliberation, to be evil.

“That you would be exempt from the possibility of error, or that we are

so, it would be an absurd presumption to pretend. Our system does not

profess to make human judgment infallible; it professes only to provide

that our deliberative assemblies shall decide according to the _best_ of

their judgment, and shall neither retain nor reject anything, without a

full opportunity at least being given for the exercise of deliberate

reflection and mature discussion. To attempt more than this is mere

folly. One generation of fallible men has neither the right nor the

power to supersede for ever, by irrevocable laws, the judgment of all

future generations of their posterity; though the endeavour to do so may

delay a beneficial change, and convert it, when it does come, into a

noxious one. The will of a whole nation can no more be permanently and

effectually stopped in its course than the current of a river. If you

dam up the regular channel, you cause it first to flood the neighbouring

country, and then to work itself new and circuitous channels. You may

think yourself well off if this is the worst. Should your dam be

ultimately burst, a fierce and destructive deluge of revolutionary

violence will succeed.”

* * * * *

The debate which the visitors witnessed, and which led to the foregoing

explanations, terminated in the removal of the law in question from the

list of fundamentals. But as the minority had been considerable, the

general expectation was, that before the next session,—in which alone

the final repeal of the law could be proposed,—a dissolution of

parliament would take place, in order that the sentiments of the people

on the subject might be fully ascertained.

Account of an expedition to the interior of New Holland · 第 7 / 14 章