THE MAJORITY JUGGERNAUT

During the past five years the agitation in favor of so modifying our

governmental system as to remove all those barriers which stand

between the will of the majority and its immediate execution has

attained formidable dimensions. That the defects which American

government has exhibited in many directions have been so serious and

so persistent as to furnish great justification for this agitation no

candid observer can deny. In both of the two ways upon which advocates

of the initiative and referendum lay so much stress, our

representative institutions have indeed sadly failed of being ideally

representative. Venality of individual legislators, or the control of

whole bodies of them by corrupt bosses, has resulted in innumerable

instances of special legislation for the benefit of powerful private

interests and contrary to the interests of the people. And it must be

admitted that apart from any question of venality or corruption there

has often been a degree of inertia in the enactment of enlightened and

progressive legislation which cannot be ascribed to legitimate

conservatism, but must be set down either to the unfitness of

legislatures for their responsibilities or to obstacles which an

extreme interpretation of constitutional restraints has unnecessarily

put in its way.

Nor can it be denied that the referendum and the initiative have

intrinsic value as remedies adapted to the counteracting of these two

evils respectively. Given a legislature owned by special interests, or

controlled by a boss, its power to give away valuable franchises or

otherwise to squander the people's inheritance can be held in check by

the requirement that upon proper demand such action shall be rendered

subject to a veto by the people at large. And if, owing to the

intricacies of party organization or to other circumstances, a

legislature is stubbornly obstructive, the initiation of legislation

by means of popular petition undeniably offers an instrument for the

overcoming of such inertia. Were it true that the control of

legislatures by private interests is on the increase, or even showing

no sign of diminution; were it true that legislation for social

betterment is making little or no headway; were it true that our

courts show no disposition to realize that a more liberal

interpretation of constitutional provisions is demanded by the changed

conditions of our time; it would probably be admitted by all except a

few irreconcilables that, however serious might be the objections to

the remedies proposed, their adoption appears to be almost dictated by

that kind of imperious necessity that knows no law.

As a matter of fact the diametrical opposite of these things is what,

upon a large survey of the state of the whole country, is unmistakably

evident. It is doubtful whether one can point anywhere to a

legislature owned as the Pennsylvania legislature used to be owned by

the Pennsylvania Railroad, the Maryland legislature by the Baltimore

and Ohio Railroad, the New Hampshire legislature by the Boston and

Maine Railroad. Child labor laws and workmen's compensation laws are

being enacted and strengthened in state after state, very much after

the fashion in which the Australian ballot laws were being passed in

state after state a quarter of a century ago. And as for our courts,

the Supreme Court of the United States, once regarded as the very

stronghold of extreme constitutionalism, has been steadily setting an

example of liberal construction; while such a decision as that of the

New York Court of Appeals in the Ives case is pointed to on all hands

as being rather in the nature of a survival of a past attitude of mind

than typical of the present temper of the courts of last resort in our

leading states.

Nevertheless, enough remains, and more than enough, to constitute a

serious grievance. The progress that has been made towards the removal

of scandalous practices or exasperating impotence is not sufficient to

justify complacency. But it is sufficient to dispose of that plea of

desperate necessity to which advocates of the "rule of the people" are

so prone to resort as over-riding all other considerations. Indeed,

the state of mind of these advocates is in no small measure an

illustration of that remarkable psychological phenomenon to which

Herbert Spencer has drawn attention as marking the progress of reform

agitations--that their excitement usually becomes most intense when

the object to which they are directed has been almost attained. A

dozen years ago it might plausibly have been urged that in our

existing representative institutions effective control of public

service corporations was impossible; but the railroad-rate legislation

of the national Congress and the institution of Public Service

Commissions in state after state have been accomplished without a jar.

A few years ago it was still the fashion to speak of the United States

Constitution as virtually incapable of amendment, this belief being

based on the fact that, apart from the amendments brought about by the

Civil War, none had been adopted since the early days of the republic.

The adoption of the sixteenth and seventeenth amendments in rapid

succession has disposed of that notion for good and all; and yet it is

only now that a proposal to substitute an easy and rapid method of

amendment in place of that now provided in the Constitution has been

brought forward and urged. Indeed, it is hardly too much to say that

to-day's impatience with our existing governmental system, to-day's

readiness to welcome short-cut remedies, is attributable rather to

exasperation with the difficulties and evils of yesterday than to the

conditions of to-day or the prospects of to-morrow.

Into the merits and defects of the various proposals for "direct rule

of the people" it is not the purpose of this brief paper to enter in

detail. Many valid considerations have been urged in their favor, and

many sound objections have been advanced against them. Speaking

generally, these arguments relate to the question of the honesty,

intelligence, and efficiency of legislation as it has been, or is

likely to be, affected by the change in question. Advocates of the new

order have pointed to the well-known deficiencies of our legislatures

as they are. Its opponents have given instances of errors, and of the

misleading of voters, under the initiative system. In the main,

however, since experience--in spite of Switzerland's long, but

sparing, use of the method--has as yet been but of the slightest

extent, serious writers on both sides have dwelt chiefly on the

inherent tendency of the system. That it cannot cover the whole

province of legislation both sides are fully agreed; and

objectors lay chief stress on the inevitable tendency of the

initiative-and-referendum system to reduce the importance and dignity

of legislatures and consequently to end all hope of raising the

quality of their membership, while advocates of the system set great

store by the educative value of the exercise of direct legislative

judgment upon the whole body of the citizenship.

There is, however, one consideration, and that perhaps the most vital

of all, which appears to have been strangely neglected. Every-day

efficiency, even every-day right-mindedness, is not the only thing

about which there is occasion for solicitude. It seems usually to be

forgotten on both sides of the discussion that there occur every now

and then, in the history of a nation, questions of a crucial nature

upon the right or wrong decision of which rest momentous and enduring

consequences. Such questions, under the traditions of representative

government as they have grown up in the course of ages, are fought out

in a very different way from that which marks the ordinary routine of

legislation and government. They are not settled by an instantaneous

show of hands. What may take place in England if it shall come to be

governed by a single chamber and under a closure system which makes

parliamentary obstruction impossible, no man can say; but up to the

present time nothing like this kind of unlimited rule by majority vote

in a parliamentary body has existed either in that country or in our

own. There has always been in both a possibility of resistance, in one

form or another, to the immediate desire of a majority of the people's

representatives; and this has profoundly affected the course of

history upon those matters which are of most vital moment.

The difference between questions of this type and the ordinary

subjects of every-day legislation is more than a mere difference of

degree. It is not only that they are more momentous; they are

different in kind, in that their decision involves a result which,

humanly speaking, is irreversible. Nothing is more common than to say

that if an act of the people should prove to be a mistake, they will

correct that mistake. But there are mistakes that cannot be corrected.

If the question of union or disunion had been put to the touch of a

majority vote, and had been decided in favor of disunion, the result

of that one day's voting would, in all human probability, have been a

permanent severance of this nation into two mutually alien parts.

Since the Civil War there has been one great issue which, though in a

wholly different way, quite as distinctly illustrates the irrevocable

character which the decision of a public question may have. It _might_

be no calamity for this country to live, either temporarily or

permanently, under a silver standard. But the truly vital point in the

silver question which occupied the attention of the nation for twenty

years was not that of the silver standard as such, but of the

repudiation and currency-debasement involved in substituting the

silver dollar, at the ratio of sixteen to one, for the gold dollar as

the monetary unit. Had this substitution been effected, the

repudiation and debasement would have taken place; and a subsequent

return to the gold standard would not in the slightest degree have

redressed the wrong. Under the existing system of government there was

opportunity for obstruction, for compromise, for the effective

influence of a few strong minds and a few powerful personalities.

Under the "direct rule of the people" the whole matter might have been

settled at a stroke; and it is by no means improbable that it would

have been so settled, at some stage or other of the struggle, in favor

of the silver standard. For it must be remembered that the very

existence of this possibility would have stimulated in an incalculable

degree the efforts of the silver agitators; and nothing is more

probable than that during the years of depression, distress, and

discontent that followed upon the panic of 1893, a moment would have

been found when the popular cry of "more money" would have swept the

country.

That questions not less fundamental, and the decision of which is not

less irrevocable, are destined to arise in the future it should be

unnecessary to argue. Never, in this country at least, has the

atmosphere been so charged with issues affecting the very bases of the

economic and social order. These issues are for the most part vague

and undefined, but their gravity and sweep is none the less apparent.

But if an illustration were needed of a more specific nature, and one

which relates to a question partly of the past and partly of the

future, such an illustration lies ready to hand. The agitation against

the right of private property in land which was started forty years

ago by Henry George's "Progress and Poverty" has only within the last

few years become a serious factor in practical politics. The shape

which it assumes in the actual proposals urged for immediate adoption

is that of a mere reduction of the tax now levied on buildings and the

placing of a corresponding additional tax on land. But the earnest

advocates of this step and its earnest opponents alike rest their case

on the animating purpose behind it. That purpose flows from the

conviction, which its leading advocates often find it politic to keep

in the background but which they seldom disavow, that the owners of

land have no rights which, in the eye of justice, the rest of the

community is bound to respect. The fiery zeal that shines through the

pages of "Progress and Poverty" is animated by this conviction on the

one hand, and on the other by the unhesitating belief that under the

regime of private property in land human wretchedness must continually

increase, while its abolition would carry with it the extinction of

poverty. Henry George did not balk at the word confiscation. Indeed it

is precisely the assertion of the right to confiscate land which,

apart from the eloquent and plausible presentation, constituted the

distinctive character of George's work. John Stuart Mill had long

advocated the interception by the state of the "unearned increment" of

the future, but firmly held that expropriation of landowners without

compensation is morally indefensible. Henry George, in spite of his

profound reverence for Mill, dismissed this judgment of the great

liberal economist and philosopher with undisguised contempt. After

quoting a certain passage from Mill, George exclaims:

In the name of the Prophet--figs! If the land of any country

belong to the people of that country, what right, in morality and

justice, have the individuals called landowners to the rent? If

the land belong to the people, why in the name of morality and

justice should the people pay its salable value for their own?

But while Henry George was convinced that outright confiscation would

be perfectly just, he proposed to accomplish the substance of

confiscation without introducing its form. "Confiscation," he said,

"would involve a needless shock to present customs and habits of

thought;" and the method he proposed for achieving his end was "to

abolish all taxation save that upon land values." But he made no

pretence whatever of there being any difference in substance between

the two things. It was of the essence of his plan that the single tax

should be tantamount to confiscation. The mere placing of the present

entire burden of taxation upon the landowners would be far from

sufficing for his purpose; and he expressly counted on what he

regarded as the inevitable and rapid growth of the land tax, when once

his principle was acknowledged, to such dimensions as to swallow up

the entire rental value of land. Not the mere expenses of government

as we are now familiar with them, but all the outlay for social and

individual betterment which the entire revenue now attaching to the

ownership of land could supply was to be available for the public

good. The idea of his program was epigrammatically, but sufficiently

accurately, conveyed in a motto that was prominent in his campaign for

mayor of New York: "No taxes at all, and a pension for everybody."

Now it requires no extraordinary effort of the fancy to imagine what

would be the natural course of such an agitation as this under a

system of government in which the idea of the direct rule of the

people had become thoroughly established; and by "thoroughly

established" we must understand, in the case of our own country, the

dominance of that idea in the nation as well as in the separate

States. If in those conditions a doctrine like that of Henry George

were put forward, and commanded the devotion of a band of earnest and

able men, the form which its propaganda would take would, in the

nature of things, be wholly different from that which we have

actually witnessed. The goal towards which all effort would be

directed would be the obtaining of a popular majority for some single

proposal, the adoption of which would insure the fulfilment of the

great purpose. The preoccupation of the nation with other issues that

divide parties or factions would be no hindrance. In order to bring

the question up for immediate decision by popular vote, all that would

be necessary would be the satisfaction of some minimum requirement

laid down in the initiative system; a minimum requirement which, be it

noted, under the principle of "direct rule," has for its only _raison

d'être_ the practical need of avoiding an intolerable multiplication

of election questions. With this minimum satisfied, the champions of

the change would advance to the charge year after year, fired with the

consciousness that the gaining of a popular majority at the very next

election would end once for all the iniquitous institution by which

mankind has been robbed of its birthright, and make poverty and

wretchedness a thing of the past.

But, it may be objected, is there after all any essential difference

between this process and that which goes on under the traditional

representative system, when it is truly representative? If the people

are really convinced that land ownership is robbery, and that they

should resume what they hold to be their own, are they not able, and

ought they not to be able, to obtain their wish through the

legislative assembly which represents them? The answer is that under

the representative system as we know it--and quite as much at its best

as at its worst--the influence of the wishes of the electorate upon

the representative body is not uniform and mechanical. Representatives

are elected not upon one issue, but upon many, and it is always a

question how definite the popular "mandate" has been upon any one of

them. From this alone it follows that there is a large, though

indefinite, region in which a representative may feel free to act

according to the dictates of his own individual judgment. In the case

of any question involving a fundamental and momentous change, it is

necessary that the mandate be extremely clear before it can be

regarded by intelligent and conscientious legislators as binding upon

them; and to accomplish this the strength of the feeling among the

people in favor of the measure must be shown in ways far more

emphatic, far more conclusive of a firm and fixed desire, than the

mere existence of a majority vote. The issue must virtually raise

itself to a prominence and intensity commensurate with its importance.

It must find its way not merely to a position in which, when people

are challenged to say yes or no, a few more say yes than say no, but

to a position in which it dominates other issues and is seen to

represent the deliberate and imperative desire of the people. And when

we add to this the constitutional checks that have thus far obtained

both in England and in this country, together with the legitimate

possibilities of parliamentary obstruction, we see how profound is the

difference between the representative system and that of direct rule.

It may almost be likened to the difference between a living organism,

endowed with the power of discrimination and judgment, and a crude

mechanical contrivance. In the one case, a great issue has to go

through an ordeal fitted to its nature; in the other, it is put into

the hopper along with the veriest trifles of every-day business, and

its fate is settled by the same monotonous turn of the wheel.

The difference which I have been endeavoring to bring out is not

identical either with the difference between conservatism and

progressiveness or the difference between carefulness and looseness in

legislation. Much has been said both for and against "direct rule" as

related to these qualities; it has been contended that direct

legislation is more conservative and less conservative, more prone to

error and less prone to error, than legislation by representative

assemblies. But what is usually held in view, on both sides, is the

course of what I have been referring to as every-day legislation.

Important, however, as the question may be in relation to such

matters, the transcendent issue involved in the question of direct

rule of the people is how it would operate in those supreme trials

which the nation is sure to be called upon in the future, as it has

been in the past, to undergo. The cardinal objection that I find to it

is not that it is radical or that it is careless, but that it is

intrinsically incapable of making that vital distinction which should

be made between these grand issues and the ordinary questions of

legislative routine. And no merely mechanical modification would

overcome this difficulty. The influences which, upon great occasions,

have been brought into play to stay the flood of immediate popular

desire perform a function for which no automatic device can serve as a

substitute. These influences are sometimes noble, as in Cleveland's

adamantine resistance to currency debasement, or in the act of the

seven Republican Senators who, at tragic cost to themselves, voted

against the conviction of Andrew Johnson; sometimes ignoble, as in the

gigantic campaign fund raised by Mark Hanna in 1896; sometimes not

specially to be marked with any moral label, but embodying the weight

naturally accorded, in any system except that of the absolute and

mechanical rule of the majority, to intellectual ability and personal

force as such. Under the system of direct rule of the people, all

possibility of such interposition would be swept away. Union or

disunion, currency debasement or currency integrity, land confiscation

or the observance of the rights of property--issues like these could

be brought before the people with the same facility as a measure

authorizing the purchase of a toll-road or defining the duties of a

sheriff; and their fate would be decided by the same simple yes or no

of the majority.

Opponents of direct rule are more or less in the habit of speaking of

it as the rule of the mob. Its advocates have no trouble in disposing

of this characterization by pointing out that the distinguishing mark

of a mob is disorder or lawlessness, while the process of taking a

vote of the people, on measures even more than on men, is eminently

orderly and regular. The phrase is open to objection; taken literally,

it cannot be defended. But in all probability what those who use it

really mean, more or less distinctly, is something very like what has

been dwelt on in this paper. What they have in mind is not the

turbulence of the mob, but its brute power, its inaccessibility to

complex considerations, its incapacity for taking counsel or modifying

its purpose, the dumb finality of its acts. A system under which the

highest questions of fundamental public policy were submitted to the

peremptory decision of a majority vote at the polls would be so

vitally different from the system of representative government as we

have known it that, allowance made for the picturesque exaggeration of

the figure, the likening of it to mob rule is by no means without

excuse.

There are of course many advocates of the initiative and referendum

who qualify their support in various ways; and, so far as that goes,

there are many opponents who admit that, within proper limitations,

these methods may be desirable. With all this I am not concerned. The

real force behind the general movement--including not only direct

legislation but also the recall of judges and the nullification of

judicial decisions by popular vote--is the dogma of the inherent

rightfulness of the unlimited rule of the majority. In the collection

of papers on the subject issued by the American Academy of Political

and Social Science, the leading place is given to a paper by Senator

Bourne, of Oregon. Of any hesitation as to the application of the

direct legislation method to the irreversible decision of fundamental

questions, he shows not the faintest trace. On the contrary, it is

precisely to questions of the highest moment, to the decision of

issues of great sweep and significance, that he regards the

application of the direct vote as peculiarly just and desirable. "It

is not proposed," he says, "that the people shall act directly in all

the intricate details of legislation." The great function of the

initiative is in the field of ideas: "Under the initiative any man can

secure the submission of his ideas to a vote of all the people,

provided eight per cent. of the people sign a petition asking that the

measure he proposes be so submitted." That any such question, so

submitted, will be decided as it should be, Senator Bourne not only

does not doubt, but apparently does not imagine that anybody else can

be so perverse as to doubt. "The people of a state will never vote

against their own interests, hence they will never vote to adopt a

law unless it proposes a change for the improvement of the general

welfare." No sign of consciousness that there may be a difference

between the interests of the majority and the interests of the whole

people, between immediate interests and permanent interests, between

apparent interests and real interests; still less of any possible

conflict between interests--as that word is commonly understood--and

the abiding principles of justice or of honor. The 300,000 are certain

to be right if the count of noses against them is but 290,000. To be

sure, no rational man can actually believe this; and there is little

doubt that Senator Bourne would repudiate such an interpretation of

his words. But there is equally little doubt as to the position he

would fall back upon. "The chief function"--this is the declaration

with which he opens his discussion--"the chief function of the

initiative and referendum is to restore the absolute sovereignty of

the people." The idea that the sovereignty of the people means

absolute and unrestricted rule over the whole people according to the

immediate will and pleasure of fifty-one per cent. of the people--a

crude error whose almost unchallenged currency among the

"progressives" of our day is one of the most remarkable psychological

phenomena of our time--lies at the bottom of the whole direct-rule

propaganda.

The Unpopular Review Vol. I January-June 1914 · 第 9 / 67 题