It must be acknowledged, too, that in the past, the educated class as a

whole has commonly been found to entertain a narrow view; it has been on

the side of the past, not of the future; previous to the revolutionary

era the class was not--though it is now coming to be--a germinating

element in reform, except in isolated cases of high genius which

foresees the times to come and develops principles by which they come;

it has been, even during our era, normally in alliance with property and

ancestry, to which it is commonly an appurtenance, and like them is

deeply engaged in the established order, under which it is comfortable,

enjoying the places there made for its functions, and is conservative of

the past, doubtful of the changing order, a hindrance, a brake, often a

note of despair. I do not forget the great exceptions; but revolutions

have come from below, from the masses and their native leaders, however

they may occasionally find some preparation in thinkers, and some

welcome in aristocrats. The power of intellectual education as an

element in life is always overvalued; and, within its sphere, which is

less than is represented, it is subject to error, prejudice, and

arrogance of its own; and, being without any necessary connection with

love or conscience, it has often been a reactionary, disturbing, or

selfish force in politics and events, even when well acquainted with the

field of politics, as ever were any of the forms of demagogy in the

popular life. Intelligence, in the form of high education, can make no

authoritative claim, as such, either by its nature, its history, or, as

a rule, its successful examples in character. The suffrage, except as by

natural modes it embodies the people's practical and general

intelligence, in direct decisions and in the representatives of

themselves whom it elects to serve the State, need not look to high

education as it has been in the privileged past, for light and leading

in matters of fundamental concern; education remains useful, as expert

knowledge is always useful in matters presently to be acted on; but in

so far as it is separable from the business of the State, and stands by

itself in a class not servants of the State and mainly critical and

traditionary, it is deserving of no special political trust because of

any superiority of judgment it may allege. In fact, education has

entered with beneficent effect into political life with the more power,

in proportion as it has become a common and not a special endowment, and

the enfranchisement of education, if I may use the term, is rather a

democratic than an aristocratic trait. Education, high education even,

is more respected and counts for more in a democracy than under the

older systems. But in a democracy it remains true, that so far as

education deserves weight, it will secure it by its own resources, and

enter into political results, as property does, with a power of its own.

There, least of all, does it need privilege. Education is one inequality

which democracy seems already dissolving.

What suffrage records, in opposition it may be to educated opinion, as

such, is the mental state of the people, and their choices of the men

they trust with the accomplishment of what is to be done. If the

suffrage is exposed to defect in wisdom by reason of its dulness and

ignorance, which I by no means admit, the remedy lies not in a

guardianship of the people by the educated class, but in popular

education itself, in lower forms, and the diffusion of that general

information which, in conjunction with sound morals, is all that is

required for the comprehension of the great questions decided by

suffrage, and the choice of fit leaders who shall carry the decisions

into effect. The vast increase of this kind of intelligence, bred of

such schools and such means for the spread of political information as

have grown up here, has been a measureless gain to man in many other

than political ways. No force has been so great, except the discussion

of religious dogma and practice under the Reformation in northern

nations, in establishing a mental habit throughout the community. The

suffrage also has this invaluable advantage, that it brings about a

substitution of the principle of persuasion for that of force, as the

normal mode of dealing with important differences of view in State

affairs; it is, in this respect, the corollary of free speech and the

preservative of that great element of liberty, and progress under

liberty, which is not otherwise well safe-guarded. It is also a

continuous thing, and deals with necessities and disagreements as they

arise and by gradual means, and thus, by preventing too great an

accumulation of discontent, it avoids revolution, containing in itself

the right of revolution in a peaceable form under law. It is, moreover,

a school into which the citizen is slowly received; and it is capable of

receiving great masses of men and accustoming them to political thought,

free and efficient action in political affairs, and a civic life in the

State, breeding in them responsibility for their own condition and that

of the State. It is the voice of the people always speaking; nor is it

to be forgotten, especially by those who fear it, that the questions

which come before the suffrage for settlement are, in view of the whole

complex and historic body of the State, comparatively few; for society

and its institutions, as the fathers handed them down, are accepted at

birth and by custom and with real veneration, as our birthright,--the

birthright of a race, a nation, and a hearth. The suffrage does not

undertake to rebuild from the foundations; the people are slow to remove

old landmarks; but it does mean to modify and strengthen this

inheritance of past ages for the better accomplishment of the ends for

which society exists, and the better distribution among men of the goods

which it secures.

Fraternity, the third constituent of democracy, enforces the idea of

equality through its doctrine of brotherhood, and enlarges the idea of

liberty, which thus becomes more than an instrument for obtaining

private ends, is inspired with a social spirit and has bounds set to its

exercise. Fraternity leads us, in general, to share our good, and to

provide others with the means of sharing in it. This good is

inexhaustible and makes up welfare in the State, the common weal. It is

in the sphere of fraternity, in particular, that humanitarian ideas, and

those expressions of the social conscience which we call moral issues,

generally arise, and enter more or less completely into political life.

In defining politics as, in the main, a selfish struggle of material

interests, this was reserved, that, from time to time, questions of a

higher order do arise, such as that of slavery in our history, which

have in them a finer element; and, though it be true that government has

in charge a race which is yet so near to the soil that it is never far

from want, and therefore government must concern itself directly and

continuously with arrangements for our material welfare, yet the higher

life has so far developed that matters which concern it more intimately

are within the sphere of political action, and among these we reckon all

those causes which appeal immediately to great principles, to liberty,

justice, and manhood, as things apart from material gain or loss, and in

our consciousness truly spiritual; and such a cause, preeminently, was

the war for the Union, heavy as it was with the fate of mankind under

democracy. In such crises, which seldom arise, material good is

subordinated for the time being, and life and property, our great

permanent interests, are held cheap in the balance with that which is

their great charter of value, as we conceive our country.

Yet even here material interests are not far distant. Such issues are

commonly found to be involved with material interests in conflict, or

are alloyed with them in the working out; and these interests are a

constituent, though, it may be, not the controlling matter. It is

commonly felt, indeed, that some warrant of material necessity is

required in any great political act, for politics, as has been said, is

an affair of life, not of free ideas; and without such a plain

authorization reform is regarded as an invasion of personal liberty of

thought, expression, or action, which is the breeding-place of

progressive life and therefore carefully guarded from intrusion. In

proportion as the material interests are less clearly affected

injuriously, a cause is removed into the region of moral suasion, and

loses political vigour. Religious issues constitute the extreme of

political action without regard to material interests, wars of

conversion being their ultimate, and they are more potent with less

developed races. For this reason the humanitarian and moral sphere of

fraternity lies generally outside of politics, in social institutions

and habits, which political action may sometimes favour as in public

charities, but which usually rely on other resources for their support.

On occasions of crisis, however, a great idea may marshal the whole

community in its cause; and, more and more, the cause so championed

under democracy is the spiritual right of man.

But fraternity finds, perhaps, its great seal of sovereignty in that

principle of persuasion which has been spoken of already, and in that

substitution of it for force, in the conduct of human affairs, which

democracy has made, as truly as it has replaced tyranny with the

authority of a delegated and representative liberty. Persuasion, in its

moral form, outside of politics,--which is so largely resorted to in a

community that does not naturally regard the imposition of virtue, even,

with favour, but believes virtue should be voluntary in the man and

decreed by him out of his own soul,--need not be enlarged upon here; but

in its intellectual form, as a persuasion of the mind and will

necessarily precedent to political action, it may be glanced at, since

law thus becomes the embodied persuasion of the community, and is itself

no longer force in the objectionable sense; even minorities, to which it

is adversely applied, and on which it thus operates like tyranny,

recognize the different character it bears to arbitrary power as that

has historically been. But outside of this refinement of thought in the

analysis, the fact that the normal attitude of any cause in a democracy

is that men must be persuaded of its justice and expediency, before it

can impose itself as the will of the State on its citizens, marks a

regard for men as a brotherhood of equals and freemen, of the highest

consequence in State affairs, and with a broad overflow of moral habit

upon the rest of life.

That portion of the community which is not reached by persuasion, and

remains in opposition, must obey the law, and submit, such is the nature

of society; but minorities have acknowledged rights, which are best

preserved, perhaps, by the knowledge that they may be useful to all in

turn. Those rights are more respected under democracy than in any other

form of government. The important question here, however, is not the

conduct of the State toward an opposition in general, which is at one

time composed of one element and at another time of a different element,

and is a shifting, changeable, and temporary thing; but of its attitude

toward the more permanent and inveterate minority existing in class

interests, which are exposed to popular attack. The capital instance is

property, especially in the form of wealth; and here belongs that

objection to the suffrage, which was lightly passed over, to the effect

that, since the social will has no limits, to constitute it by suffrage

is to give the people control of what is not their own. Property,

reenforced by the right of inheritance, is the great source of

inequality in the State and the continuer of it, and gives rise

perpetually to political and social questions, attended with violent

passions; but it is an institution common to civilization, it is very

old, and it is bound up intimately with the motive energies of

individual life, the means of supplying society on a vast scale with

production, distribution, and communication, and the process of taking

possession of the earth for man's use. Its social service is

incalculable. At times, however, when accumulated so as to congest

society, property has been confiscated in enormous amounts, as in

England under Henry VIII, in France at the Revolution, and in Italy in

recent times. The principle of paramount right over it in society has

been established in men's minds, and is modified only by the

social conviction that this right is one to be exercised with the

highest degree of care and on the plainest dictates of a just necessity.

Taxation, nevertheless, though a power to destroy and confiscate in its

extreme exercise, normally takes nothing from property that is not due.

It is not a levy of contributions, but the collection of a just debt;

for property and its owners are the great gainers by society, under

whose bond alone wealth finds security, enjoyment, and increase,

carrying with them untold private advantages. Property is deeply

indebted to society in a thousand ways; and, besides, much of its

material cannot be said to be earned, but was given either from the

great stores of nature, or by the hand of the law, conferring privilege,

or from the overflowing increments of social progress. If it is

naturally selfish, acquisitive, and conservative, if it has to be

subjected to control, if its duties have to be thrust upon it

oftentimes, it has such powers of resistance that there need be little

fear lest it should suffer injustice. Like education, it has great

reserves of influence, and is assured of enormous weight in the life of

the community. Other vested interests stand in a similar relation to the

State. These minorities, which are important and lasting elements in

society, receive consideration, and bounds are set to liberty of dealing

adversely with them in practice, under that principle of fraternity

which seeks the good of one in all and the good of all in one.

Fraternity, following lines whose general sense has been sufficiently

indicated, has, in particular, established out of the common fund public

education as a means of diffusing intellectual gain, which is the great

element of growth even in efficient toil, and also of extending into all

parts of the body politic a comprehension of the governmental scheme and

the organized life of the community, fusing its separate interests in a

mutual understanding and regard. It has established, too, protection in

the law, for the weak as against the strong, the poor as against the

rich, the citizen as against those who would trustee the State for their

own benefit; and, on the broad scale, it provides for the preservation

of the public health, relief of the unfortunate, the care of all

children, and in a thousand humane ways permeates the law with its

salutary justice. It has, again, in another great field, established

toleration, not in religion merely, but of opinion and practice in

general; and thereby largely has built up a mutual and pervading faith

in the community as a body in all its parts and interests intending

democratic results under human conditions; it has thus bred a habit of

reserve at moments of hardship or grave difficulty,--a respect that

awaits social justice giving time for it to be brought about,--which as

a constituent of national character cannot be too highly prized.

The object of all government, and of every social system is, in its end

and summary, to secure justice among mankind. Justice is the most sacred

word of men; but it is a thing hard to find. Law, which is its social

instrument, deals with external act, general conditions, and mankind in

the mass. It is not, like conscience, a searcher of men's bosoms; its

knowledge extends no farther than to what shall illuminate the nature of

the event it examines; it makes no true ethical award. It is in the main

a method of procedure, largely inherited and wholly practical in intent,

applied to recurring states of fact; it is a reasonable arrangement for

the peaceful facilitation of human business of all social kinds; and to

a considerable degree it is a convention, an agreement upon what shall

be done in certain sets of circumstances, as an approximation, it may

be, to justice, but, at all events, as an advantageous solution of

difficulties. This is as true of its criminal as of its civil branches.

Its concern is with society rather than the individual, and it

sacrifices the individual to society without compunction, applying one

rule to all alike, with a view to social, not individual, results, on

the broad scale. Those matters which make individual justice

impossible,--especially the element of personal responsibility in

wrong-doing, how the man came to be what he is and his susceptibility to

motives, to reason and to passion, in their varieties, and all such

considerations,--law ignores in the main question, however it may admit

them in the imperfect form in which only they can be known, as

circumstances in extenuation or aggravation. This large part of

responsibility, it will seem to every reflective moralist, enters little

into the law's survey; and its penalties, at best, are "the rack of

this rude world." Death and imprisonment, as it inflicts them, are for

the protection of society, not for reformation, though the philanthropic

element in the State may use the period of imprisonment with a view to

reformation; nor in the history of the punishment of crime, of the

vengeance as such taken on men in addition to the social protection

sought, has society on the whole been less brutal in its repulse of its

enemies than they were in their attack, or shown any eminent justice

toward its victims in the sphere of their own lives. It is a terrible

and debasing record, up to this century at least, and uniformly

corrupted those who were its own instruments. It was the application of

force in its most material forms, and dehumanized those upon whom it was

exercised, placing them outside the pale of manhood as a preliminary to

its work. The lesson that the criminal remains a man, was one taught to

the law, not learned from it. On the civil side, likewise, similar

reservations must be made, both as regards its formulation and

operation. The law as an instrument of justice is a rough way of dealing

with the problems of the individual in society, but it is effective for

social ends; and, in its total body and practical results, it is a

priceless monument of human righteousness, sagacity, and mercy, and

though it lags behind opinion, as it must, and postpones to a new age

the moral and prudential convictions of the present, it is in its

treasury that these at last are stored.

If such be the case within the law, what indifference to justice does

the course of events exhibit in the world at large which comes under the

law's inquisition so imperfectly! How continuous and inevitable, how

terrible and pitiful is this aspect of life, is shown in successive ages

by the unending story of ideal tragedy, in poem, drama, and tale, in

which the noble nature through some frailty, that was but a part, and by

the impulse of some moment of brief time, comes to its wreck; and, in

connection with this disaster to the best, lies the action of the

villain everywhere overflowing in suffering and injury upon his victims

and all that is theirs. What is here represented as the general lot of

mankind, in ideal works, exists, multiplied world-wide in the lives and

fortunes of mankind, an inestimable amount of injustice always

present. The sacrifice of innocence is in no way lessened by aught of

vengeance that may overtake the wrong-doer; and it is constant. The

murdered man, the wronged woman, can find no reparation. What shall one

say of the sufferings of children and of the old, and of the great curse

that lies in heredity and the circumstances of early life under

depraved, ignorant, or malicious conditions? These brutalities, like the

primeval struggle in the rise of life, seem in a world that never heard

the name of justice. The main seat of individual justice and its

operation is, after all, in the moral sense of men, governing their own

conduct and modifying so far as possible the mass of injustice

continually arising in the process of life, by such relief as they can

give by personal influence and action both on persons and in the realm

of moral opinion.

But, such questions apart, and within the reach of the rude power of the

law over men in the mass, where individuality may be neglected, there

remains that portion of the field in which the cause of justice may be

advanced, as it was in the extinction of slavery, the confiscation of

the French lands, the abolition of the poor debtor laws, and in similar

great measures of class legislation, if you will. I confess I am one of

those who hold that society is largely responsible even for crime and

pauperism, and especially other less clearly defined conditions in the

community by which there exists an inveterate injustice ingrained in the

structure of society itself. The process of freeing man from the fetters

of the past is still incomplete, and democracy is a faith still early in

its manifestation; social justice is the cry under which this progress

is made, and, being grounded in material conditions and hot with men's

passions under wrong, it is a dangerous cry, and unheeded it becomes

revolutionary; but in what has democracy been so beneficent to society

as in the ways without number that it has opened for the doing of

justice to men in masses, for the moulding of safe and orderly methods

of change, and for the formation as a part of human character of a habit

of philanthropy to those especially whose misfortunes may be partly laid

to the door of society itself? Charity, great as it is, can but

alleviate, it cannot upon any scale cure poverty and its attendant ills;

nor can mercy, however humanely and wisely exerted, do more than

mollify the misfortune that abides in the criminal. Social justice asks

neither charity nor mercy, but such conditions, embodied in institutions

and laws, as shall diminish, so far as under nature and human nature is

possible, the differences of men at birth, and in their education, and

in their opportunity through life, to the end that all citizens shall be

equal in the power to begin and conduct their lives in morals, industry,

and the hope of happiness. Social justice, so defined, under temporal

conditions, democracy seeks as the sum and substance of its effort in

governmental ways; some advance has been made; but it requires no wide

survey, nor long examination, to see that what has been accomplished is

a beginning, with the end so far in the future as to seem a dream, such

as the poets have sung almost from the dawn of hope. What matters it? It

is not only poets who dream; justice is the statesman's dream.

Heart of Man · 第 11 / 15 段