The History of Freedom, and Other Essays

I do not like to conclude without inviting attention to the impressive fact that so much of the hard fighting, the thinking, the enduring that has contributed to the deliverance of man from the power of man, has been the work of our countrymen, and of their descendants in other lands. We have had to contend, as much as any people, against monarchs of strong will and of resources secured by their foreign possession, against men of rare capacity, against whole dynasties of born tyrants. And yet that proud prerogative stands out on the background of our history. Within a generation of the Conquest, the Normans were compelled to recognise, in some grudging measure, the claims of the English people. When the struggle between Church and State extended to England, our Churchmen learned to associate themselves with the popular cause; and, with few exceptions, neither the hierarchical spirit of the foreign divines, nor the monarchical bias peculiar to the French, characterised the writers of the English school. The Civil Law, transmitted from the degenerate Empire to be the common prop of absolute power, was excluded from England. The Canon Law was restrained, and this country never admitted the Inquisition, nor fully accepted the use of torture which invested Continental royalty with so many terrors. At the end of the Middle Ages foreign writers acknowledged our superiority, and pointed to these causes. After that, our gentry maintained the means of local self-government such as no other country possessed. Divisions in religion forced toleration. The confusion of the common law taught the people that their best safeguard was the independence and the integrity of the judges.

All these explanations lie on the surface, and are as visible as the protecting ocean; but they can only be successive effects of a constant cause which must lie in the same native qualities of perseverance, moderation, individuality, and the manly sense of duty, which give to the English race its supremacy in the stern art of labour, which has enabled it to thrive as no other can on inhospitable shores, and which (although no great people has less of the bloodthirsty craving for glory and an army of 50,000 English soldiers has never been seen in battle) caused Napoleon to exclaim, as he rode away from Waterloo, "It has always been the same since Crecy."

Therefore, if there is reason for pride in the past, there is more for hope in the time to come. Our advantages increase, while other nations fear their neighbours or covet their neighbours' goods. Anomalies and defects there are, fewer and less intolerable, if not less flagrant than of old.

But I have fixed my eyes on the spaces that Heaven's light illuminates, that I may not lay too heavy a strain on the indulgence with which you have accompanied me over the dreary and heart-breaking course by which men have passed to freedom; and because the light that has guided us is still unquenched, and the causes that have carried us so far in the van of free nations have not spent their power; because the story of the future is written in the past, and that which hath been is the same thing that shall be.

III

SIR ERSKINE MAY'S DEMOCRACY IN EUROPE 5

Scarcely thirty years separate the Europe of Guizot and Metternich from these days of universal suffrage both in France and in United Germany; when a condemned insurgent of 1848 is the constitutional Minister of Austria; when Italy, from the Alps to the Adriatic, is governed by friends of Mazzini; and statesmen who recoiled from the temerities of Peel have doubled the electoral constituency of England. If the philosopher who proclaimed the law that democratic progress is constant and irrepressible had lived to see old age, he would have been startled by the fulfilment of his prophecy. Throughout these years of revolutionary change Sir Thomas Erskine May has been more closely and constantly connected with the centre of public affairs than any other Englishman, and his place, during most of the time, has been at the table of the House of Commons, where he has sat, like Canute, and watched the rising tide. Few could be better prepared to be the historian of European Democracy than one who, having so long studied the mechanism of popular government in the most illustrious of assemblies at the height of its power, has written its history, and taught its methods to the world.

It is not strange that so delicate and laborious a task should have remained unattempted. Democracy is a gigantic current that has been fed by many springs. Physical and spiritual causes have contributed to swell it. Much has been done by economic theories, and more by economic laws. The propelling force lay sometimes in doctrine and sometimes in fact, and error has been as powerful as truth. Popular progress has been determined at one time by legislation, at others by a book, an invention, or a crime; and we may trace it to the influence of Greek metaphysicians and Roman jurists, of barbarian custom and ecclesiastical law, of the reformers who discarded the canonists, the sectaries who discarded the reformers, and the philosophers who discarded the sects. The scene has changed, as nation succeeded nation, and during the most stagnant epoch of European life the new world stored up the forces that have transformed the old.

A history that should pursue all the subtle threads from end to end might be eminently valuable, but not as a tribute to peace and conciliation. Few discoveries are more irritating than those which expose the pedigree of ideas. Sharp definitions and unsparing analysis would displace the veil beneath which society dissembles its divisions, would make political disputes too violent for compromise and political alliances too precarious for use, and would embitter politics with all the passion of social and religious strife. Sir Erskine May writes for all who take their stand within the broad lines of our constitution. His judgment is averse from extremes. He turns from the discussion of theories, and examines his subject by the daylight of institutions, believing that laws depend much on the condition of society, and little on notions and disputations unsupported by reality. He avows his disbelief even in the influence of Locke, and cares little to inquire how much self-government owes to Independency, or equality to the Quakers; and how democracy was affected by the doctrine that society is founded on contract, that happiness is the end of all government, or labour the only source of wealth; and for this reason, because he always touches ground, and brings to bear, on a vast array of sifted fact, the light of sound sense and tried experience rather than dogmatic precept, all men will read his book with profit, and almost all without offence.

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 Rhætian 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.