The trouble began as a result of one of the elements in the American

Constitution which was the product not of the sound common sense and the

lofty judgment of the framers, but of a weak yielding to one of the

doctrinaire fads of the time that had no relationship to life but was

the invention of political theorists, and that was the unnatural

separation of the executive, legislative and judicial functions of

government. The error has worked far and the superstition still holds.

What is needed is an initiative in legislation, centred in one

responsible head or group, that, while functioning in all normal and

necessary legislative directions, still allows individual initiative on

the part of the legislators, as a supplementary, or corrective, or

protective agency. No government functions well in fiscal matters

without a budget: what we need in legislative matters is a legislative

budget, and by this phrase, I mean that the primary agency for the

proposing of laws should be the chief executive of a city, or state or

the nation, with the advice and consent of his heads of departments who

would form his cabinet or council.

Under this plan the Governor and Council, for example, would at the

opening of each legislative session present a programme or agenda of

such laws as they believed the conditions to demand, and in the shape of

bills accurately drawn by the proper law officer of the government. No

such "government" bill could be referred to committee but must be

discussed in open session, and until the bills so offered had been

passed or refused, no private bill could be introduced. A procedure such

as this would certainly reduce the flood of private bills to reasonable

dimensions while it would insure a degree of responsibility now utterly

lacking. There is now no way in which the author of a foolish or

dangerous bill which has been enacted into law by a majority of the

legislature, can be held to account and due responsibility imposed upon

him, but the case would be very different if a mayor, a governor or the

President of the United States made himself responsible for a law or a

series of laws, by offering them for action in his own name. Certainly

if this method were followed we should be preserved in great measure

from the hasty, confused and frivolous legislation that at present makes

up the major part of the output of our various legislative bodies. One

of the greatest gains would be the reduction of the annual grist to a

size where each act could be considered and debated at sufficient length

to guarantee as reasonable a conclusion as would be possible to the

members of the legislative body. The deplorable device of instituting

committees, to each of which certain bunches of bills are referred

before they are permitted to come before the house, would be no longer

necessary. This system, which became necessary in order to deal with the

enormous mass of undigested matter which has overwhelmed every

legislature as a result of the present chaotic and irresponsible

procedure, is perhaps both the most undemocratic device ever put in

practice by a democracy, and the most fruitful of venality, corruption

and injustice. It is unnecessary to labour this point for everyone knows

its grave evils, but there seems no way to get rid of it unless some

curb is placed on the number of bills introduced in any session. The

British Parliament is not necessarily a model of intelligent or capable

procedure, but where in one session at Westminster no more than four

hundred bills were introduced, at Washington, for the same period, the

count ran well over twelve thousand! Manifestly some committee system is

inevitable under conditions such as this, but under the committee system

free government and honest legislation are difficult of attainment.

One would not of course prevent the proposal of a bill by any member of

the legislature, indeed this free action would be absolutely necessary

as a measure of protection against executive oppression, but this should

be prohibited until after the government programme had been disposed of.

After that task was accomplished the legislature might sit indefinitely,

or as long as the public would stand it, for the purpose of considering

private bills, and these could be referred to committees as at present.

The chances are, however, that the government programme would cover the

most essential matters and what would remain would be the edifying

spectacle of Solons solemnly considering such questions as the minimum

length of sheets on hotel beds, the limitation in inches and fractions,

of the heels of women's shoes, the amount of flesh that could be legally

exposed by a bathing suit, or the pensioning of a Swedish Assistant

Janitor,--all of which are the substance of actual bills introduced in

various State legislatures during the session last closed.

Another grave weakness in our system is the election by popular vote of

many judicial and administrative officers, coupled with the vigorous

remnants of the old and degrading "spoils system" whereby many thousands

of strictly non-political offices are almost automatically vacated after

any partisan victory. I cannot trust myself to speak of the infamy of an

elective judiciary; fortunately I live in a state where this worst abuse

of democratic practice does not exist, and so it touches me only in so

far as it offends the sense of decency and justice. In the other cases

it is only a question of efficient and intelligent administration. There

is an argument for electing the chief executive of a city, a state or

the nation, by popular vote, and the same holds in the case of the lower

house of the legislature where a bi-cameral system exists, but there is

no argument for the popular election of the administrative officers of a

state. There is even less,--if there can be less than nothing--for the

changes in personnel that take place after every election. Civil service

reform has done a world of good, but as yet it has not gone far enough

in some directions, while its mechanism of examinations is defective in

principle in that it leaves out the personal equation and establishes

its tests only along a very few of the many lines that actually exist. I

would offer it as a proposition that no election should in itself affect

the status of any man except the man elected, and, in the case of a

mayor or governor or the President, those who are directly responsible

to him and to his administration for carrying out his policies; and

further, that the voter, when he votes, should vote once and for one man

in his city, once and for one man in his state, and once and for one man

in the nation, and that man, in each case, should be his representative

in the lower branch of the legislative body. Choosing administrative

officials by majority vote, and the election of judges for short terms

by the same method, are absurdities of a system fast falling into chaos.

The maintenance of a bi-cameral legislative organization, with the

choosing of the members of both houses by the same electorate is in the

same class, a perfectly irrational anomaly which violates the first

principles of logic and leads only to legislative incompetence, and

worse. The referendum is of precisely the same nature, but this already

has become a _reductio ad absurdum,_ and can hardly survive the

discredit into which it has fallen. In any reorganization of government

looking towards better results, these elements must disappear.

As a matter of fact, government has come to occupy altogether too large

a place in our consciousness; naturally, for it has come to a point

where it pursues us--and overtakes us--at every turn. Democracies always

govern too much, that is one of their great weaknesses. Elections,

law-making, and getting and holding office, have become an obsession and

they shadow our days. So insistent and incessant are the demands, so

artificial and unreal the issues, so barren of vital results all this

pandemonium of partisanship and change, the more intelligent and

scrupulous are losing interest in the whole affair, and while they

increasingly withdraw to matters of a greater degree of reality those

who subsist on the proceeds gain the power, and hold it. At the very

moment when the women of the United States have been given the vote,

there are many men (and women also) who begin to think that the vote is

a very empty institution and in itself practically void of power to

effect anything of really vital moment. I am not now defending this

position, I only assert that it exists, and I believe it is due to the

degradation of government through the very modifications and

transformations that have been effected, since the time of Andrew

Jackson, in a perfectly honest attempt at improvement.

The best government is that which does the least, which leaves local

matters in the hands of localities, and personal matters in the hands of

persons, and which is modestly inconspicuous. Good government

establishes, or recognizes, conditions which are stable, reliable, and

that may be counted on for more than two years, or four years, at a

time. It has continuity, it preserves tradition, and it follows custom

and common law. Such a government is neither hectic in its vicissitudes

nor inquisitorial in its enactments. It is cautious in its expenditures,

efficient in its administration, proud in maintaining its standards of

honour, justice and "noblesse oblige." Good government is august and

handsome; it surrounds itself with dignity and ceremony, even at times

with splendour and pageantry, for these things are signs of self-respect

and the outward showing of high ideals--or may be made so; that is what

good manners and ceremony and beauty are for. Finally, good government

is where the laws of Christian morals and courtesy and charity that are

supposed to hold between Christian men hold equally, even more

forcefully, in public relations both domestic and foreign. Where

government of this nature exists, whether the form is monarchical,

republican or democratic, there is liberty; where these conditions do

not obtain the form matters not at all, for there is a servile state.

At the risk of being tedious I will try to sketch the rough outlines of

what, in substance, I believe to be that form of civil polity which,

based on what now exists, changes only along lines that would perhaps

tend towards establishing and maintaining those ideals of liberty, order

and justice which have always been the common aim of those who have

striven to reform a condition of things where they were attained

indifferently or not at all.

The primary and effective social and political unit is the "vill" or

commune; that is to say, a group of families and individuals living in

one neighbourhood, and of a size that would permit all the members to

know one another if they wished to do so, and also the coming together

of all those holding the electoral franchise, for common discussion and

action. The average American country town, uninvaded by industrialism,

is the natural type, for here the "town meeting" of our forefathers is

practicable, and this remains the everlasting frame and model of

self-government. In the case of a city the primary unit would be of

approximately the same size, and the entire municipality would be

divided into wards each containing, say, about five hundred voters.

These primary units would possess a real unity and a very large measure

of autonomy, but they would be federated for certain common purposes

which would vary in number and importance in proportion to the closeness

of their common interests, from the county, made up of a number of small

villages, to the city which would comprise as many wards as might be

numerically necessary, and whose central government would administer a

great many more affairs than would the county. The city would be in

effect a federation of the wards or boroughs.

The individual voter would exercise his electoral franchise and perform

his political duties only within the primary unit (the township or ward)

where he had legal residence. At an annual "town meeting" he would vote

for the "selectmen" or the ward council who would have in charge the

local interests of the primary unit, which would be comprehensive in the

case of a township, necessarily more limited in the case of a ward.

These local boards would elect their own chairmen who would also form

the legislative body of the county or the municipality. At the same town

meeting the voter would cast his ballot for a representative in the

lower legislative body of the state. In the smaller commonwealths each

township or ward would elect its own representative, but in states of

excessive population representation would have to be on the basis of

counties and municipalities, for no legislative body should contain more

than a very few hundred members. Nominations in the town meeting should

be _viva voce,_ elections by secret ballot. Legislation should be

primarily on the initiative of the selectmen or ward council, and voting

should be _viva voce._ With the exercise of his privilege of speaking

and voting at the meetings of his primary unit, the direct political

action of the citizen would cease.

The secondary unit would be the county or the city. Here the legislative

body would consist of the presiding officers of the township or ward

governments. The sheriff of a county or the mayor of a city would be

chosen by these legislative bodies from their own number and should hold

office for a term of several years, while the local governments, and

therefore the legislative bodies of the county or the city, would be

chosen annually. The chief executive of a county or city would appoint

all heads of departments who would form his advisory council, and he

would also frame and submit annually both a fiscal and a legislative

budget.

The tertiary unit is the state, which is a federation of the counties

and cities forming some one of the historic divisions of the United

States. The legislature would as now be composed of two chambers, one

made up of representatives of the primary units, holding office for a

brief term, and a second representing the secondary units and chosen by

their governing bodies for a long term. The logic of a bi-cameral system

demands that the lower house should represent the changing will of the

people, the upper, in so far as possible, its cumulative wisdom and the

continuity of tradition, while, as already stated, the whole principle

is vitiated if both houses are chosen by the same electorate. The chief

executive should be chosen by the legislative chambers in joint session,

from a panel made up of their own membership and the heads of the county

and city governments. He should hold office for a long term, preferably

for an indeterminate period contingent on "good behaviour." In this case

his cabinet, or council of the heads of departments, would of course be

responsible to the legislature and would resign on a formal vote of

censure or "lack of confidence." The Governor would have the same power

of appointment, and the same authority to present fiscal and legislative

budgets as, already specified in the case of a mayor of a city. No

"commissions," unpaid or otherwise, should be permitted, all the

administrative functions of government being performed by the various

departments and their subordinate bureaux.

The national government is the final social and political unit, though

it is conceivable that with a territory and population as great and

diversified as that of the United States, and bearing in mind the great

discrepancy in size between the states, something might be gained by the

institution of a system of provinces, some five or six in all, made up

of states grouped in accordance with their general community of

interests, as for example, all New England, New York, Pennsylvania, New

Jersey and Delaware; the states of the old Confederacy, those of the

Pacific Coast, and so on. The point need not be pressed here, but there

are considerations in its favour. In any case the nation as a whole is

the final federal unit. Here the lower legislative house would consist

of not more than four hundred members, allocated on a basis of

population and elected by the representative bodies of the primary units

(the townships and city wards) as already described. The members of the

upper house would be elected by the legislative bodies of the several

states on nomination by the Governor. The chief executive of the nation

would be chosen by the two legislative bodies, in joint session, from

amongst the then governors of the several states. He should certainly

hold office for "good behaviour," and his cabinet would be responsible

to the legislature as provided for in the case of the state governments.

I do not offer this programme with any pride of paternity; probably it

would not work very well, but it could hardly prove less efficacious

than our present system under conditions as they have come to be. This

cannot continue indefinitely, for it is so hopelessly defective that it

is bound to bring about its own ruin, with the probable substitution of

some doctrinaire device engendered by the natural revolt against an

intolerable abuse. If only we could see conditions clearly and estimate

them at something approaching their real value, we should rapidly

develop a constructive public opinion that, even though it represented a

minority, might by the very force behind it compel the majority to

acquiesce in a radical reformation. Unfortunately we do not do this, we

are hypnotized by phrases and deluded by vain theories, as Mr.

Chesterton says:

"So drugged and deadened is the public mind by the conventional public

utterances, so accustomed have we grown to public men talking this sort

of pompous nonsense and no other, that we are sometimes quite shocked by

the revelation of what men really think, or else of what they really

say."

We do, now and then, confess that legislation is as a whole foolish,

frivolous and opportunist; that administration is wasteful, incompetent

and frequently venal; that the governmental personnel, legislative,

administrative and executive, is of a low order in point of character,

intelligence and culture--and tending lower each day. We admit this, for

the evidence is so conspicuous that to deny it would be hypocrisy, but

something holds us back from recognizing the nexus between effect and

cause. Unrestricted immigration, universal suffrage, rotation in office,

the subjection of many offices and measures to popular vote, the

parliamentary system, government by political parties--all these customs

and habits into which we have fallen have arrived at failure which

presages disaster. They have failed because the character of the people

that functioned through these various engines had failed, diluted by the

low mentality and character-content of millions of immigrants and their

offspring, degraded by the false values and vicious standards imposed by

industrial civilization, foot-loose from all binding and control of a

vital and potent religious impulse or religious organism.

It is the old, vicious circle; spiritual energy declines or is diverted

into wrong channels; thereupon the physical forms, social, industrial,

political, slip a degree or two lower out of sympathy with the failing

energy, and these in their turn exert a degrading influence on the

waning spiritual force, which declines still further only to be pulled

lower still by the material agencies which continue their progressive

declension. Theories, no matter how high-minded and altruistic, cannot

stand before a condition such as this, for self-protection decrees

otherwise even if the higher motive of doing right things and getting

right things just because they _are_ right, does not come into effective

operation. The evil results of the institutions I have catalogued above

are not to be denied, and the institutions themselves must be reformed

or altogether abandoned, in the face of the loud-mouthed exhortations of

those who now make them their means of livelihood, and even at the

expense of the honest upholders of theories and doctrines that do credit

to their humanitarianism but have been weighed and found wanting.

I am anxious not to put this plan for the reform, in root and branch, of

our political institutions, on the low level of mere caution and

self-defense. The motive power of this is fear, and fear is only second

to hate in its present position as a controlling force in society. We

should have good government not because it is economical and ensures

what are known as "good business conditions," and promises a peaceful

continuance of society, but because it is as worthy an object of

creative endeavour as noble art or a great literature or a just and

merciful economic system, or a life that is full of joy and beauty and

wholesome labour. The political organism is in a sense the microcosm of

life itself, and it should be society lifted up to a level of dignity,

majesty and nobility. The doctrine that in a democracy the government

must exactly express the numerical preponderance in the social

synthesis, and that, if this happens to be ignorant, mannerless and

corrupt, then the government must be after the same fashion, is a low

and a cowardly doctrine. Government should be better than the majority;

better than the minority if this has advantage over the other. It should

be of the best that man can compass, resting above him as in some sort

an ideal; the visible expression of his better self, and the better self

of the society of which he is a part. If a political system, any

political system, produces any other result; if it has issue in a

representation of the lowest and basest in society, or even of the

general average, then it is a bad system and it must be redeemed or it

will bring an end that is couched in terms of catastrophe.

Towards the Great Peace · 第 9 / 17 段