Although he does not insist on inculcating a moral, he has stated in his

introductory pages the ideas that guide him; and, indeed, the reader who

fails to recognise the lesson of the book in every chapter will read in

vain. Sir Erskine May is persuaded that it is the tendency of modern

progress to elevate the masses of the people, to increase their part in

the work and the fruit of civilisation, in comfort and education, in

self-respect and independence, in political knowledge and power. Taken

for a universal law of history, this would be as visionary as certain

generalisations of Montesquieu and Tocqueville; but with the necessary

restrictions of time and place, it cannot fairly be disputed. Another

conclusion, supported by a far wider induction, is that democracy, like

monarchy, is salutary within limits and fatal in excess; that it is the

truest friend of freedom or its most unrelenting foe, according as it is

mixed or pure; and this ancient and elementary truth of constitutional

government is enforced with every variety of impressive and suggestive

illustration from the time of the Patriarchs down to the revolution

which, in 1874, converted federal Switzerland into an unqualified

democracy governed by the direct voice of the entire people.

The effective distinction between liberty and democracy, which has

occupied much of the author's thoughts, cannot be too strongly drawn.

Slavery has been so often associated with democracy, that a very able

writer pronounced it long ago essential to a democratic state; and the

philosophers of the Southern Confederation have urged the theory with

extreme fervour. For slavery operates like a restricted franchise,

attaches power to property, and hinders Socialism, the infirmity that

attends mature democracies. The most intelligent of Greek tyrants,

Periander, discouraged the employment of slaves; and Pericles designates

the freedom from manual labour as the distinguishing prerogative of

Athens. At Rome a tax on manumissions immediately followed the

establishment of political equality by Licinius. An impeachment of

England for having imposed slavery on America was carefully expunged

from the Declaration of Independence; and the French Assembly, having

proclaimed the Rights of Man, declared that they did not extend to the

colonies. The abolition controversy has made everybody familiar with

Burke's saying, that men learn the price of freedom by being masters of

slaves.

From the best days of Athens, the days of Anaxagoras, Protagoras, and

Socrates, a strange affinity has subsisted between democracy and

religious persecution. The bloodiest deed committed between the wars of

religion and the revolution was due to the fanaticism of men living

under the primitive republic in the Rhaetian Alps; and of six democratic

cantons only one tolerated Protestants, and that after a struggle which

lasted the better part of two centuries. In 1578 the fifteen Catholic

provinces would have joined the revolted Netherlands but for the furious

bigotry of Ghent; and the democracy of Friesland was the most intolerant

of the States. The aristocratic colonies in America defended toleration

against their democratic neighbours, and its triumph in Rhode Island and

Pennsylvania was the work not of policy but of religion. The French

Republic came to ruin because it found the lesson of religious liberty

too hard to learn. Down to the eighteenth century, indeed, it was

understood in monarchies more often than in free commonwealths.

Richelieu acknowledged the principle whilst he was constructing the

despotism of the Bourbons; so did the electors of Brandenburg, at the

time when they made themselves absolute; and after the fall of

Clarendon, the notion of Indulgence was inseparable from the design of

Charles II. to subvert the constitution.

A government strong enough to act in defiance of public feeling may

disregard the plausible heresy that prevention is better than

punishment, for it is able to punish. But a government entirely

dependent on opinion looks for some security what that opinion shall be,

strives for the control of the forces that shape it, and is fearful of

suffering the people to be educated in sentiments hostile to its

institutions. When General Grant attempted to grapple with polygamy in

Utah, it was found necessary to pack the juries with Gentiles; and the

Supreme Court decided that the proceedings were illegal, and that the

prisoners must be set free. Even the murderer Lee was absolved, in 1875,

by a jury of Mormons.

Modern democracy presents many problems too various and obscure to be

solved without a larger range of materials than Tocqueville obtained

from his American authorities or his own observation. To understand why

the hopes and the fears that it excites have been always inseparable, to

determine under what conditions it advances or retards the progress of

the people and the welfare of free states, there is no better course

than to follow Sir Erskine May upon the road which he has been the first

to open.

In the midst of an invincible despotism, among paternal, military, and

sacerdotal monarchies, the dawn rises with the deliverance of Israel out

of bondage, and with the covenant which began their political life. The

tribes broke up into smaller communities, administering their own

affairs under the law they had sworn to observe, but which there was no

civil power to enforce. They governed themselves without a central

authority, a legislature, or a dominant priesthood; and this polity,

which, under the forms of primitive society, realised some aspirations

of developed democracy, resisted for above three hundred years the

constant peril of anarchy and subjugation. The monarchy itself was

limited by the same absence of a legislative power, by the submission of

the king to the law that bound his subjects, by the perpetual appeal of

prophets to the conscience of the people as its appointed guardian, and

by the ready resource of deposition. Later still, in the decay of the

religious and national constitution, the same ideas appeared with

intense energy, in an extraordinary association of men who lived in

austerity and self-denial, rejected slavery, maintained equality, and

held their property in common, and who constituted in miniature an

almost perfect Republic. But the Essenes perished with the city and the

Temple, and for many ages the example of the Hebrews was more

serviceable to authority than to freedom. After the Reformation, the

sects that broke resolutely with the traditions of Church and State as

they came down from Catholic times, and sought for their new

institutions a higher authority than custom, reverted to the memory of a

commonwealth founded on a voluntary contract, on self-government,

federalism, equality, in which election was preferred to inheritance,

and monarchy was an emblem of the heathen; and they conceived that there

was no better model for themselves than a nation constituted by

religion, owning no lawgiver but Moses, and obeying no king but God.

Political thought had until then been guided by pagan experience.

Among the Greeks, Athens, the boldest pioneer of republican discovery,

was the only democracy that prospered. It underwent the changes that

were the common lot of Greek society, but it met them in a way that

displayed a singular genius for politics. The struggle of competing

classes for supremacy, almost everywhere a cause of oppression and

bloodshed, became with them a genuine struggle for freedom; and the

Athenian constitution grew, with little pressure from below, under the

intelligent action of statesmen who were swayed by political reasoning

more than by public opinion. They avoided violent and convulsive change,

because the rate of their reforms kept ahead of the popular demand.

Solon, whose laws began the reign of mind over force, instituted

democracy by making the people, not indeed the administrators, but the

source of power. He committed the Government not to rank or birth, but

to land; and he regulated the political influence of the landowners by

their share in the burdens of the public service. To the lower class,

who neither bore arms nor paid taxes, and were excluded from the

Government, he granted the privilege of choosing and of calling to

account the men by whom they were governed, of confirming or rejecting

the acts of the legislature and the judgments of the courts. Although he

charged the Areopagus with the preservation of his laws, he provided

that they might be revised according to need; and the ideal before his

mind was government by all free citizens. His concessions to the popular

element were narrow, and were carefully guarded. He yielded no more than

was necessary to guarantee the attachment of the whole people to the

State. But he admitted principles that went further than the claims

which he conceded. He took only one step towards democracy, but it was

the first of a series.

When the Persian wars, which converted aristocratic Athens into a

maritime state, had developed new sources of wealth and a new

description of interests, the class which had supplied many of the ships

and most of the men that had saved the national independence and founded

an empire, could not be excluded from power. Solon's principle, that

political influence should be commensurate with political service, broke

through the forms in which he had confined it, and the spirit of his

constitution was too strong for the letter. The fourth estate was

admitted to office, and in order that its candidates might obtain their

share, and no more than their share, and that neither interest nor

numbers might prevail, many public functionaries were appointed by lot.

The Athenian idea of a Republic was to substitute the impersonal

supremacy of law for the government of men. Mediocrity was a safeguard

against the pretensions of superior capacity, for the established order

was in danger, not from the average citizens, but from men, like

Miltiades, of exceptional renown. The people of Athens venerated their

constitution as a gift of the gods, the source and title of their power,

a thing too sacred for wanton change. They had demanded a code, that the

unwritten law might no longer be interpreted at will by Archons and

Areopagites; and a well-defined and authoritative legislation was a

triumph of the democracy.

So well was this conservative spirit understood, that the revolution

which abolished the privileges of the aristocracy was promoted by

Aristides and completed by Pericles, men free from the reproach of

flattering the multitude. They associated all the free Athenians with

the interest of the State, and called them, without distinction of

class, to administer the powers that belonged to them. Solon had

threatened with the loss of citizenship all who showed themselves

indifferent in party conflicts, and Pericles declared that every man who

neglected his share of public duty was a useless member of the

community. That wealth might confer no unfair advantage, that the poor

might not take bribes from the rich, he took them into the pay of the

State during their attendance as jurors. That their numbers might give

them no unjust superiority, he restricted the right of citizenship to

those who came from Athenian parents on both sides; and thus he expelled

more than 4000 men of mixed descent from the Assembly. This bold

measure, which was made acceptable by a distribution of grain from Egypt

among those who proved their full Athenian parentage, reduced the fourth

class to an equality with the owners of real property. For Pericles, or

Ephialtes--for it would appear that all their reforms had been carried

in the year 460, when Ephialtes died--is the first democratic statesman

who grasped the notion of political equality. The measures which made

all citizens equal might have created a new inequality between classes,

and the artificial privilege of land might have been succeeded by the

more crushing preponderance of numbers. But Pericles held it to be

intolerable that one portion of the people should be required to obey

laws which others have the exclusive right of making; and he was able,

during thirty years, to preserve the equipoise, governing by the general

consent of the community, formed by free debate. He made the undivided

people sovereign; but he subjected the popular initiative to a court of

revision, and assigned a penalty to the proposer of any measure which

should be found to be unconstitutional. Athens, under Pericles, was the

most successful Republic that existed before the system of

representation; but its splendour ended with his life.

The danger to liberty from the predominance either of privilege or

majorities was so manifest, that an idea arose that equality of fortune

would be the only way to prevent the conflict of class interests. The

philosophers, Phaleas, Plato, Aristotle, suggested various expedients to

level the difference between rich and poor. Solon had endeavoured to

check the increase of estates; and Pericles had not only strengthened

the public resources by bringing the rich under the control of an

assembly in which they were not supreme, but he had employed those

resources in improving the condition and the capacity of the masses. The

grievance of those who were taxed for the benefit of others was easily

borne so long as the tribute of the confederates filled the treasury.

But the Peloponnesian war increased the strain on the revenue and

deprived Athens of its dependencies. The balance was upset; and the

policy of making one class give, that another might receive, was

recommended not only by the interest of the poor, but by a growing

theory, that wealth and poverty make bad citizens, that the middle class

is the one most easily led by reason, and that the way to make it

predominate is to depress whatever rises above the common level, and to

raise whatever falls below it. This theory, which became inseparable

from democracy, and contained a force which alone seems able to destroy

it, was fatal to Athens, for it drove the minority to treason. The glory

of the Athenian democrats is, not that they escaped the worst

consequences of their principle, but that, having twice cast out the

usurping oligarchy, they set bounds to their own power. They forgave

their vanquished enemies; they abolished pay for attendance in the

assembly; they established the supremacy of law by making the code

superior to the people; they distinguished things that were

constitutional from things that were legal, and resolved that no

legislative act should pass until it had been pronounced consistent with

the constitution.

The causes which ruined the Republic of Athens illustrate the connection

of ethics with politics rather than the vices inherent to democracy. A

State which has only 30,000 full citizens in a population of 500,000,

and is governed, practically, by about 3000 people at a public meeting,

is scarcely democratic. The short triumph of Athenian liberty, and its

quick decline, belong to an age which possessed no fixed standard of

right and wrong. An unparalleled activity of intellect was shaking the

credit of the gods, and the gods were the givers of the law. It was a

very short step from the suspicion of Protagoras, that there were no

gods, to the assertion of Critias that there is no sanction for laws. If

nothing was certain in theology, there was no certainty in ethics and no

moral obligation. The will of man, not the will of God, was the rule of

life, and every man and body of men had the right to do what they had

the means of doing. Tyranny was no wrong, and it was hypocrisy to deny

oneself the enjoyment it affords. The doctrine of the Sophists gave no

limits to power and no security to freedom; it inspired that cry of the

Athenians, that they must not be hindered from doing what they pleased,

and the speeches of men like Athenagoras and Euphemus, that the

democracy may punish men who have done no wrong, and that nothing that

is profitable is amiss. And Socrates perished by the reaction which they

provoked.

The disciples of Socrates obtained the ear of posterity. Their testimony

against the government that put the best of citizens to death is

enshrined in writings that compete with Christianity itself for

influence on the opinions of men. Greece has governed the world by her

philosophy, and the loudest note in Greek philosophy is the protest

against Athenian democracy. But although Socrates derided the practice

of leaving the choice of magistrates to chance, and Plato admired the

bloodstained tyrant Critias, and Aristotle deemed Theramenes a greater

statesman than Pericles, yet these are the men who laid the first stones

of a purer system, and became the lawgivers of future commonwealths.

The main point in the method of Socrates was essentially democratic. He

urged men to bring all things to the test of incessant inquiry, and not

to content themselves with the verdict of authorities, majorities, or

custom; to judge of right and wrong, not by the will or sentiment of

others, but by the light which God has set in each man's reason and

conscience. He proclaimed that authority is often wrong, and has no

warrant to silence or to impose conviction. But he gave no warrant to

resistance. He emancipated men for thought, but not for action. The

sublime history of his death shows that the superstition of the State

was undisturbed by his contempt for its rulers.

Plato had not his master's patriotism, nor his reverence for the civil

power. He believed that no State can command obedience if it does not

deserve respect; and he encouraged citizens to despise their government

if they were not governed by wise men. To the aristocracy of

philosophers he assigned a boundless prerogative; but as no government

satisfied that test, his plea for despotism was hypothetical. When the

lapse of years roused him from the fantastic dream of his Republic, his

belief in divine government moderated his intolerance of human freedom.

Plato would not suffer a democratic polity; but he challenged all

existing authorities to justify themselves before a superior tribunal;

he desired that all constitutions should be thoroughly remodelled, and

he supplied the greatest need of Greek democracy, the conviction that

the will of the people is subject to the will of God, and that all civil

authority, except that of an imaginary state, is limited and

conditional. The prodigious vitality of his writings has kept the

glaring perils of popular government constantly before mankind; but it

has also preserved the belief in ideal politics and the notion of

judging the powers of this world by a standard from heaven. There has

been no fiercer enemy of democracy; but there has been no stronger

advocate of revolution.

In the _Ethics_ Aristotle condemns democracy, even with a property

qualification, as the worst of governments. But near the end of his

life, when he composed his _Politics_, he was brought, grudgingly, to

make a memorable concession. To preserve the sovereignty of law, which

is the reason and the custom of generations, and to restrict the realm

of choice and change, he conceived it best that no class of society

should preponderate, that one man should not be subject to another, that

all should command and all obey. He advised that power should be

distributed to high and low; to the first according to their property,

to the others according to numbers; and that it should centre in the

middle class. If aristocracy and democracy were fairly combined and

balanced against each other, he thought that none would be interested to

disturb the serene majesty of impersonal government. To reconcile the

two principles, he would admit even the poorer citizens to office and

pay them for the discharge of public duties; but he would compel the

rich to take their share, and would appoint magistrates by election and

not by lot. In his indignation at the extravagance of Plato, and his

sense of the significance of facts, he became, against his will, the

prophetic exponent of a limited and regenerated democracy. But the

_Politics_, which, to the world of living men, is the most valuable of

his works, acquired no influence on antiquity, and is never quoted

before the time of Cicero. Again it disappeared for many centuries; it

was unknown to the Arabian commentators, and in Western Europe it was

first brought to light by St. Thomas Aquinas, at the very time when an

infusion of popular elements was modifying feudalism, and it helped to

emancipate political philosophy from despotic theories and to confirm it

in the ways of freedom.

The three generations of the Socratic school did more for the future

reign of the people than all the institutions of the States of Greece.

They vindicated conscience against authority, and subjected both to a

higher law; and they proclaimed that doctrine of a mixed constitution,

which has prevailed at last over absolute monarchy, and still has to

contend against extreme Republicans and Socialists, and against the

masters of a hundred legions. But their views of liberty were based on

expediency, not on justice. They legislated for the favoured citizens of

Greece, and were conscious of no principle that extended the same rights

to the stranger and the slave. That discovery, without which all

political science was merely conventional, belongs to the followers of

Zeno.

The dimness and poverty of their theological speculation caused the

Stoics to attribute the government of the universe less to the uncertain

design of gods than to a definite law of nature. By that law, which is

superior to religious traditions and national authorities, and which

every man can learn from a guardian angel who neither sleeps nor errs,

all are governed alike, all are equal, all are bound in charity to each

other, as members of one community and children of the same God. The

unity of mankind implied the existence of rights and duties common to

all men, which legislation neither gives nor takes away. The Stoics held

in no esteem the institutions that vary with time and place, and their

ideal society resembled a universal Church more than an actual State. In

every collision between authority and conscience they preferred the

inner to the outer guide; and, in the words of Epictetus, regarded the

laws of the gods, not the wretched laws of the dead. Their doctrine of

equality, of fraternity, of humanity; their defence of individualism

against public authority; their repudiation of slavery, redeemed

democracy from the narrowness, the want of principle and of sympathy,

which are its reproach among the Greeks. In practical life they

preferred a mixed constitution to a purely popular government.

Chrysippus thought it impossible to please both gods and men; and Seneca

declared that the people is corrupt and incapable, and that nothing was

wanting, under Nero, to the fulness of liberty, except the possibility

of destroying it. But their lofty conception of freedom, as no

exceptional privilege but the birthright of mankind, survived in the law

of nations and purified the equity of Rome.

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