In 1799 Sieyès suggested to Bonaparte the idea of a great Council, whose function it should be to keep the acts of the Legislature in harmony with the constitution—a function which the Nomophylakes discharged at Athens, and the Supreme Court in the United States, and which produced the Sénat Conservateur, one of the favourite implements of Imperialism. Sieyès meant that his Council should also serve the purpose of a gilded ostracism, having power to absorb any obnoxious politician, and to silence him with a thousand a year.
Napoleon the Third's plan of depriving unmarried men of their votes would have disfranchised the two greatest Conservative classes in France, the priest and the soldier.
In the American constitution it was intended that the chief of the executive should be chosen by a body of carefully selected electors. But since, in 1825, the popular candidate succumbed to one who had only a minority of votes, it has become the practice to elect the President by the pledged delegates of universal suffrage.
The exclusion of ministers from Congress has been one of the severest strains on the American system; and the law which required a majority of three to one enabled Louis Napoleon to make himself Emperor. Large constituencies make independent deputies; but experience proves that small assemblies, the consequence of large constituencies, can be managed by Government.
The composite vote and the cumulative vote have been almost universally rejected as schemes for baffling the majority. But the principle of dividing the representatives equally between population and property has never had fair play. It was introduced by Thouret into the constitution of 1791. The Revolution made it inoperative; and it was so manipulated from 1817 to 1848 by the fatal dexterity of Guizot as to make opinion ripe for universal suffrage.
Constitutions which forbid the payment of deputies and the system of imperative instructions, which deny the power of dissolution, and make the Legislature last for a fixed term, or renew it by partial re-elections, and which require an interval between the several debates on the same measure, evidently strengthen the independence of the representative assembly. The Swiss veto has the same effect, as it suspends legislation only when opposed by a majority of the whole electoral body, not by a majority of those who actually vote upon it.
Indirect elections are scarcely anywhere in use out of Germany, but they have been a favourite corrective of democracy with many thoughtful politicians. Where the extent of the electoral district obliges constituents to vote for candidates who are unknown to them, the election is not free. It is managed by wire-pullers, and by party machinery, beyond the control of the electors. Indirect election puts the choice of the managers into their hands. The objection is that the intermediate electors are generally too few to span the interval between voters and candidates, and that they choose representatives not of better quality, but of different politics. If the intermediate body consisted of one in ten of the whole constituency, the contact would be preserved, the people would be really represented, and the ticket system would be broken down.
The one pervading evil of democracy is the tyranny of the majority, or rather of that party, not always the majority, that succeeds, by force or fraud, in carrying elections. To break off that point is to avert the danger. The common system of representation perpetuates the danger. Unequal electorates afford no security to majorities. Equal electorates give none to minorities. Thirty-five years ago it was pointed out that the remedy is proportional representation. It is profoundly democratic, for it increases the influence of thousands who would otherwise have no voice in the government; and it brings men more near an equality by so contriving that no vote shall be wasted, and that every voter shall contribute to bring into Parliament a member of his own opinions. The origin of the idea is variously claimed for Lord Grey and for Considérant. The successful example of Denmark and the earnest advocacy of Mill gave it prominence in the world of politics. It has gained popularity with the growth of democracy, and we are informed by M. Naville that in Switzerland Conservatives and Radicals combined to promote it.
Of all checks on democracy, federalism has been the most efficacious and the most congenial; but, becoming associated with the Red Republic, with feudalism, with the Jesuits, and with slavery, it has fallen into disrepute, and is giving way to centralism. The federal system limits and restrains the sovereign power by dividing it, and by assigning to Government only certain defined rights. It is the only method of curbing not only the majority but the power of the whole people, and it affords the strongest basis for a second chamber, which has been found the essential security for freedom in every genuine democracy.
The fall of Guizot discredited the famous maxim of the Doctrinaires, that Reason is sovereign, and not king or people; and it was further exposed to the scoffer by the promise of Comte that Positivist philosophers shall manufacture political ideas, which no man shall be permitted to dispute. But putting aside international and criminal law, in which there is some approach to uniformity, the domain of political economy seems destined to admit the rigorous certainty of science. Whenever that shall be attained, when the battle between Economists and Socialists is ended, the evil force which Socialism imparts to democracy will be spent. The battle is raging more violently than ever, but it has entered into a new phase, by the rise of a middle party. Whether that remarkable movement, which is promoted by some of the first economists in Europe, is destined to shake the authority of their science, or to conquer socialism, by robbing it of that which is the secret of its strength, it must be recorded here as the latest and the most serious effort that has been made to disprove the weighty sentence of Rousseau, that democracy is a government for gods, but unfit for man.