One more word may be said by the way. The very slightest account of Rousseau is too slight to be tolerable, if it omits to mention Calvin. Rousseau's whole theory of the Legislator, which produced such striking results in certain transitory phases of the French Revolution, grew up in his mind from the constitution which the great reformer had so predominant a share in framing for the little republic where Rousseau was born.
This omission of Locke and Calvin again exemplifies the author's characteristic tendency to look upon political ideas as if speculative writers got them out of their own heads, or out of the heads of other people, apart from the suggestions of events and the requirements of circumstance, Calvin was the builder of a working government, and Locke was the defender of a practical revolution.
Nor does the error stop at the literary sources of political theories. A point more or less in an estimate of a writer or a book is of trivial importance compared with what strikes us as Sir Henry Maine's tendency to impute an unreal influence to writers and books altogether. There is, no doubt, a vulgar and superficial opinion that mere speculation is so remote from the real interests of men, that it is a waste of time for practical people to concern themselves about speculation. No view could be more foolish, save one; and that one is the opposite view, that the real interests of men have no influence on their speculative opinions, and no share either in moulding those opinions or in causing their adoption. Sir Henry Maine does not push things quite so far as this. Still he appears to us to attribute almost exclusive influence to political theories, and almost entirely to omit what we take to be the much more important reaction upon theory, both of human nature, and of the experience of human life and outward affairs. He makes no allowance among innovating agencies for native rationalism without a formula. His brilliant success in other applications of the Historic Method has disposed him to see survivals where other observers will be content with simpler explanations. The reader is sometimes tempted to recall Edie Ochiltree's rude interruption of Mr. Oldbuck's enthusiasm over the praetorium of the Immortal Roman camp at Monkbarns. "Praetorian here, Praetorian there! I mind the bigging o 't!"
Sir Henry Maine believes that the air is thick with ideas about democracy that were conceived a priori, and that sprung from the teaching of Rousseau. A conviction of the advantages of legislative change, for example, he considers to owe its origin much less to active and original intelligence, than to "the remote effect of words and notions derived from broken-down political theories." There are two great fountains of political theory in our country according to the author: Rousseau is one, and Bentham is the other. Current thought and speech Is infested by the floating fragments of these two systems—by loose phrases, by vague notions, by superstitions, that enervate the human intellect and endanger social safety. This is the constant refrain of the pages before us. We should have liked better evidence. We do not believe that it is a Roman praetorium. Men often pick up old phrases for new events, even when they are judging events afresh with independent minds. When a politician of the day speaks of natural rights, he uses a loose traditional expression for a view of social equities which has come to him, not from a book, but from a survey of certain existing social facts. Now the phrase, the literary description, is the least significant part of the matter. When Mr. Mill talks of the influence of Bentham's writings, he is careful to tell us that he does not mean that they caused the Reform Bill or the Appropriation Clause. "The changes which have been made," says Mill, "and the greater changes which will be made, in our institutions are not the work of philosophers, but of the interests and instincts of large portions of society recently grown into strength" (Dissertations, i. 332). That is the point. It is the action of these interests and instincts which Sir Henry Maine habitually overlooks. For is the omission a mere speculative imperfection. It has an important bearing on the whole practical drift of the book. If he had made more room for "the common intellect rough-hewing political truths at the suggestion of common wants and common experience," he would have viewed existing circumstances with a less lively apprehension.
It is easy to find an apposite illustration of what is meant by saying that this talk of the influence of speculation is enormously exaggerated and misleading. When Arthur Young was in France in the autumn of 1787, he noticed a remarkable revolution in manners in two or three important respects. One of them was a new fashion that had just come in, of spending some weeks in the country: everybody who had a country seat went to live there, and such as had none went to visit those who had. This new custom, observed the admirable Young, is one of the best that they have taken from England, and "its introduction was effected the easier being assisted by the magic of Rousseau's writings." The other and more generally known change was that women of the first fashion were no longer ashamed of nursing their own children, and that infants were no longer tightly bound round by barbarous stays and swaddling clothes. This wholesome change, too, was assisted by Rousseau's eloquent pleas for simplicity and the life natural. Of these particular results of his teaching in France a hundred years ago the evidence is ample, direct, and beyond denial. But whenever we find gentlemen with a taste for country life, and ladies with a fancy for nursing their own children, we surely need not cry out that here is another proof of the extraordinary influence of the speculations of Jean-Jacques Rousseau. We need not treat it as a survival of a broken-down theory. "Great Nature is more wise than I," says the Poet. Great Nature had much more to do with moulding men and women to these things than all the books that have ever been printed.
We are entirely sceptical as to the proposition that "men have at all times quarrelled more fiercely about phrases and formulas than even about material interests" (p. 124). There has been a certain amount of fighting in the world about mere words, as idle as the faction fights between Caravats and Shanavests, or Two-Year-Olds and Three-Year-Olds in Ireland. But the more carefully we look into human history, the more apparent it becomes that underneath the phrase or the formula there is usually a material or a quasi-material, or a political, or a national, or an ecclesiastical interest. Few quarrels now seem so purely verbal as those which for several centuries raged about the mysteries of the faith in the Western and the Eastern Churches. Yet these quarrels, apparently as frivolous as they were ferocious, about the relations of mind and matter, about the composition of the Trinity, about the Divine nature, turned much less on futile metaphysics than on the solid competition for ecclesiastical power, or the conflict of rival nationalities. The most transcendental heresy or orthodoxy generally had business at the bottom of it.
In limiting the parentage of Modern English Liberalism of a Radical or democratic type to Rousseau and Bentham, the author has left out of sight what is assuredly a much more important factor than any speculative, literary, or philosophic matter whatever. "Englishmen," he says truly, "are wont to be content with the rough rule of success or failure as the test of right or wrong in national undertakings." The same habit of mind and temper marks the attitude of Englishmen towards their national institutions. They look to success and failure, they take the measure of things from results, they consult the practical working of the machine, they will only go to school with experience. We cannot find the proof that a priori Radicalism ever at any time got a real hold of any considerable mass of the people of this country, or that any of the great innovations in domestic policy since the end of Lord Liverpool's administration have been inspired or guided by Rousseauite assumptions. Godwin, whose book on Political Justice was for a long time the great literary fountain of English Radicalism, owed quite as much to the utilitarian Helvétius as to the sentimental Rousseau. Nor can either William Cobbett or Joseph Hume be said to have dealt largely in a priori. What makes the Radical of the street is mostly mother-wit exercising itself upon the facts of the time. His weakness is that he does not know enough of the facts of other times.
Sir Henry Maine himself points to what has had a far more decisive influence on English ways of thinking about politics than his two philosophers, put together. "The American Republic," he says (p. 11), "has greatly influenced the favour into which popular government grew. It disproved the once universal assumptions that no Republic could govern a large territory, and that no strictly Republican government could be stable." Nothing can be more true. When Burke and Chatham and Fox persistently declared that the victory of England over the colonists would prove fatal in the long run to the liberties of England itself, those great men were even wiser than they knew. The success of popular government across the Atlantic has been the strongest incentive to the extension of popular government here. We need go no further back than the Reform Bill of 1867 to remind ourselves that the victory of the North over the South, and the extraordinary clemency and good sense with which that victory was used, had more to do with the concession of the franchise to householders in boroughs than all the eloquence of Mr. Gladstone and all the diplomacies of Mr. Disraeli.
To the influence of the American Union must be added that of the British colonies. The success of popular self-government in these thriving communities is reacting on political opinion at home with a force that no statesman neglects, and that is every day increasing. There is even a danger that the influence may go too far. They are solving some of our problems, but not under our conditions, and not in presence of the same difficulties. Still the effect of colonial prosperity—a prosperity alike of admirable achievement and boundless promise—is irresistible. It imparts a freedom, an elasticity, an expansiveness, to English political notions, and gives our people a confidence in free institutions and popular government, which they would never have drawn from the most eloquent assumptions of speculative system-mongers, nor from any other source whatever, save practical experience carefully observed and rationally interpreted. This native and independent rationality in men is what the jealous votary of the historic method places far too low.
In coming closer to the main current of the book, our first disappointment is that Sir Henry Maine has not been very careful to do full justice to the views that he criticises. He is not altogether above lending himself to the hearsay of the partisan. He allows expressions to slip from him which show that he has not been anxious to face the problems of popular government as popular government is understood by those who have best right to speak for it. "The more the difficulties of multitudinous government are probed," he says (p. 180), "the stronger grows the doubt of the infallibility of popularly elected legislatures." We do not profess to answer for all that may have been said by Mr. Bancroft, or Walt Whitman, or all the orators of all the Fourths of July since American Independence. But we are not acquainted with any English writer or politician of the very slightest consideration or responsibility who has committed himself to the astounding proposition, that popularly elected legislatures are infallible. Who has ever advanced such a doctrine? Further, "It requires some attention to facts to see how widely spread is the misgiving as to the absolute wisdom of popularly elected chambers." We are not surprised at the misgiving. But after reasonable attention to facts, we cannot recall any publicist, whom it could be worth while to spend five minutes in refuting, who has ever said that popularly elected chambers are absolutely wise. Again, we should like the evidence for the statement that popularly elected Houses "do not nowadays appeal to the wise deduction from experience, as old as Aristotle, which no student of constitutional history will deny, that the best constitutions are those in which there is a large popular element. It is a singular proof of the widespread influence of the speculations of Rousseau that although very few First Chambers really represent the entire community, nevertheless in Europe they almost invariably claim to reflect it, and as a consequence they assume an air of divinity, which if it rightfully belonged to them would be fatal to all argument for a Second Chamber." That would be very important If it were true. But is it true that First Chambers assume an air of divinity? Or is such an expression a "burlesque of the real argument?" A reasonable familiarity with the course of the controversy in France, where the discussion has been abundant, and in England, where it has been comparatively meagre, leaves me, for one, entirely ignorant that this claim for divinity, or anything like it, is ever heard in the debate. The most powerful modern champion of popular government was Gambetta. Did Gambetta consider First Chambers divine? On the contrary, some of the most strenuous pleas for the necessity of a Second Chamber are to be found precisely in the speeches of Gambetta (e.g. his speech at Grenoble, in the autumn of 1878, Discours viii. 270, etc.). Abstract thinking is thinking withdrawn from the concrete and particular facts. But the abstract thinker should not withdraw too far.