It was soon after the publication of Thoughts on Parliamentary Reform, that I became acquainted with Mr. Hare's admirable system of Personal Representation, which, in its present shape, was then for the first time published. I saw in this great practical and philosophical idea, the greatest improvement of which the system of representative government is susceptible; an improvement which, in the most felicitous manner, exactly meets and cures the grand, and what before seemed the inherent, defect of the representative system; that of giving to a numerical majority all power, instead of only a power proportional to its numbers, and enabling the strongest party to exclude all weaker parties from making their opinions heard in the assembly of the nation, except through such opportunity as may be given to them by the accidentally unequal distribution of opinions in different localities. To these great evils nothing more than very imperfect palliations had seemed possible; but Mr. Hare's system affords a radical cure. This great discovery, for it is no less, in the political art, inspired me, as I believe it has inspired all thoughtful persons who have adopted it, with new and more sanguine hopes respecting the prospects of human society; by freeing the form of political institutions towards which the whole civilized world is manifestly and irresistibly tending, from the chief part of what seemed to qualify, or render doubtful, its ultimate benefits. Minorities, so long as they remain minorities, are, and ought to be, outvoted; but under arrangements which enable any assemblage of voters, amounting to a certain number, to place in the legislature a representative of its own choice, minorities cannot be suppressed. Independent opinions will force their way into the council of the nation and make themselves heard there, a thing which often cannot happen in the existing forms of representative democracy; and the legislature, instead of being weeded of individual peculiarities and entirely made up of men who simply represent the creed of great political or religious parties, will comprise a large proportion of the most eminent individual minds in the country, placed there, without reference to party, by voters who appreciate their individual eminence. I can understand that persons, otherwise intelligent, should, for want of sufficient examination, be repelled from Mr. Hare's plan by what they think the complex nature of its machinery. But any one who does not feel the want which the scheme is intended to supply; any one who throws it over as a mere theoretical subtlety or crotchet, tending to no valuable purpose, and unworthy of the attention of practical men, may be pronounced an incompetent statesman, unequal to the politics of the future. I mean, unless he is a minister or aspires to become one: for we are quite accustomed to a minister continuing to profess unqualified hostility to an improvement almost to the very day when his conscience or his interest induces him to take it up as a public measure, and carry it.
Had I met with Mr. Hare's system before the publication of my pamphlet, I should have given an account of it there. Not having done so, I wrote an article in Fraser's Magazine (reprinted in my miscellaneous writings) principally for that purpose, though I included in it, along with Mr. Hare's book, a review of two other productions on the question of the day; one of them a pamphlet by my early friend, Mr. John Austin, who had in his old age become an enemy to all further Parliamentary reform; the other an able and vigourous, though partially erroneous, work by Mr. Lorimer.
In the course of the same summer I fulfilled a duty particularly incumbent upon me, that of helping (by an article in the Edinburgh Review) to make known Mr. Bain's profound treatise on the Mind, just then completed by the publication of its second volume. And I carried through the press a selection of my minor writings, forming the first two volumes of Dissertations and Discussions. The selection had been made during my wife's lifetime, but the revision, in concert with her, with a view to republication, had been barely commenced; and when I had no longer the guidance of her judgment I despaired of pursuing it further, and republished the papers as they were, with the exception of striking out such passages as were no longer in accordance with my opinions. My literary work of the year was terminated with an essay in Fraser's Magazine (afterwards republished in the third volume of Dissertations and Discussions), entitled "A Few Words on Non-Intervention." I was prompted to write this paper by a desire, while vindicating England from the imputations commonly brought against her on the Continent, of a peculiar selfishness in matters of foreign policy to warn Englishmen of the colour given to this imputation by the low tone in which English statesmen are accustomed to speak of English policy as concerned only with English interests, and by the conduct of Lord Palmerston at that particular time in opposing the Suez Canal; and I took the opportunity of expressing ideas which had long been in my mind (some of them generated by my Indian experience, and others by the international questions which then greatly occupied the European public), respecting the true principles of international morality, and the legitimate modifications made in it by difference of times and circumstances; a subject I had already, to some extent, discussed in the vindication of the French Provisional Government of 1848 against the attacks of Lord Brougham and others, which I published at the time in the Westminster Review, and which is reprinted in the Dissertations.
I had now settled, as I believed, for the remainder of my existence into a purely literary life; if that can be called literary which continued to be occupied in a pre-eminent degree with politics, and not merely with theoretical, but practical politics, although a great part of the year was spent at a distance of many hundred miles from the chief seat of the politics of my own country, to which, and primarily for which, I wrote. But, in truth, the modern facilities of communication have not only removed all the disadvantages, to a political writer in tolerably easy circumstances, of distance from the scene of political action, but have converted them into advantages. The immediate and regular receipt of newspapers and periodicals keeps him au courant of even the most temporary politics, and gives him a much more correct view of the state and progress of opinion than he could acquire by personal contact with individuals: for every one's social intercourse is more or less limited to particular sets or classes, whose impressions and no others reach him through that channel; and experience has taught me that those who give their time to the absorbing claims of what is called society, not having leisure to keep up a large acquaintance with the organs of opinion, remain much more ignorant of the general state either of the public mind, or of the active and instructed part of it, than a recluse who reads the newspapers need be. There are, no doubt, disadvantages in too long a separation from one's country—in not occasionally renewing one's impressions of the light in which men and things appear when seen from a position in the midst of them; but the deliberate judgment formed at a distance, and undisturbed by inequalities of perspective, is the most to be depended on, even for application to practice. Alternating between the two positions, I combined the advantages of both. And, though the inspirer of my best thoughts was no longer with me, I was not alone: she had left a daughter, my stepdaughter, [Miss Helen Taylor, the inheritor of much of her wisdom, and of all her nobleness of character,] whose ever growing and ripening talents from that day to this have been devoted to the same great purposes [and have already made her name better and more widely known than was that of her mother, though far less so than I predict, that if she lives it is destined to become. Of the value of her direct cooperation with me, something will be said hereafter, of what I owe in the way of instruction to her great powers of original thought and soundness of practical judgment, it would be a vain attempt to give an adequate idea]. Surely no one ever before was so fortunate, as, after such a loss as mine, to draw another prize in the lottery of life [—another companion, stimulator, adviser, and instructor of the rarest quality]. Whoever, either now or hereafter, may think of me and of the work I have done, must never forget that it is the product not of one intellect and conscience, but of three[, the least considerable of whom, and above all the least original, is the one whose name is attached to it].
The work of the years 1860 and 1861 consisted chiefly of two treatises, only one of which was intended for immediate publication. This was the Considerations on Representative Government; a connected exposition of what, by the thoughts of many years, I had come to regard as the best form of a popular constitution. Along with as much of the general theory of government as is necessary to support this particular portion of its practice, the volume contains many matured views of the principal questions which occupy the present age, within the province of purely organic institutions, and raises, by anticipation, some other questions to which growing necessities will sooner or later compel the attention both of theoretical and of practical politicians. The chief of these last, is the distinction between the function of making laws, for which a numerous popular assembly is radically unfit, and that of getting good laws made, which is its proper duty and cannot be satisfactorily fulfilled by any other authority: and the consequent need of a Legislative Commission, as a permanent part of the constitution of a free country; consisting of a small number of highly trained political minds, on whom, when Parliament has determined that a law shall be made, the task of making it should be devolved: Parliament retaining the power of passing or rejecting the bill when drawn up, but not of altering it otherwise than by sending proposed amendments to be dealt with by the Commission. The question here raised respecting the most important of all public functions, that of legislation, is a particular case of the great problem of modern political organization, stated, I believe, for the first time in its full extent by Bentham, though in my opinion not always satisfactorily resolved by him; the combination of complete popular control over public affairs, with the greatest attainable perfection of skilled agency.
The other treatise written at this time is the one which was published some years[7] later under the title of The Subjection of Women. It was written [at my daughter's suggestion] that there might, in any event, be in existence a written exposition of my opinions on that great question, as full and conclusive as I could make it. The intention was to keep this among other unpublished papers, improving it from time to time if I was able, and to publish it at the time when it should seem likely to be most useful. As ultimately published [it was enriched with some important ideas of my daughter's, and passages of her writing. But] in what was of my own composition, all that is most striking and profound belongs to my wife; coming from the fund of thought which had been made common to us both, by our innumerable conversations and discussions on a topic which filled so large a place in our minds.
Soon after this time I took from their repository a portion of the unpublished papers which I had written during the last years of our married life, and shaped them, with some additional matter, into the little work entitled Utilitarianism; which was first published, in three parts, in successive numbers of Fraser's Magazine, and afterwards reprinted in a volume.
Before this, however, the state of public affairs had become extremely critical, by the commencement of the American civil war. My strongest feelings were engaged in this struggle, which, I felt from the beginning, was destined to be a turning point, for good or evil, of the course of human affairs for an indefinite duration. Having been a deeply interested observer of the slavery quarrel in America, during the many years that preceded the open breach, I knew that it was in all its stages an aggressive enterprise of the slave-owners to extend the territory of slavery; under the combined influences of pecuniary interest, domineering temper, and the fanaticism of a class for its class privileges, influences so fully and powerfully depicted in the admirable work of my friend Professor Cairnes, The Slave Power. Their success, if they succeeded, would be a victory of the powers of evil which would give courage to the enemies of progress and damp the spirits of its friends all over the civilized world, while it would create a formidable military power, grounded on the worst and most anti-social form of the tyranny of men over men, and, by destroying for a long time the prestige of the great democratic republic, would give to all the privileged classes of Europe a false confidence, probably only to be extinguished in blood. On the other hand, if the spirit of the North was sufficiently roused to carry the war to a successful termination, and if that termination did not come too soon and too easily, I foresaw, from the laws of human nature, and the experience of revolutions, that when it did come it would in all probability be thorough: that the bulk of the Northern population, whose conscience had as yet been awakened only to the point of resisting the further extension of slavery, but whose fidelity to the Constitution of the United States made them disapprove of any attempt by the Federal Government to interfere with slavery in the States where it already existed, would acquire feelings of another kind when the Constitution had been shaken off by armed rebellion, would determine to have done for ever with the accursed thing, and would join their banner with that of the noble body of Abolitionists, of whom Garrison was the courageous and single-minded apostle, Wendell Phillips the eloquent orator, and John Brown the voluntary martyr.[8] Then, too, the whole mind of the United States would be let loose from its bonds, no longer corrupted by the supposed necessity of apologizing to foreigners for the most flagrant of all possible violations of the free principles of their Constitution; while the tendency of a fixed state of society to stereotype a set of national opinions would be at least temporarily checked, and the national mind would become more open to the recognition of whatever was bad in either the institutions or the customs of the people. These hopes, so far as related to slavery, have been completely, and in other respects are in course of being progressively realized. Foreseeing from the first this double set of consequences from the success or failure of the rebellion, it may be imagined with what feelings I contemplated the rush of nearly the whole upper and middle classes of my own country even those who passed for Liberals, into a furious pro-Southern partisanship: the working classes, and some of the literary and scientific men, being almost the sole exceptions to the general frenzy. I never before felt so keenly how little permanent improvement had reached the minds of our influential classes, and of what small value were the liberal opinions they had got into the habit of professing. None of the Continental Liberals committed the same frightful mistake. But the generation which had extorted negro emancipation from our West India planters had passed away; another had succeeded which had not learnt by many years of discussion and exposure to feel strongly the enormities of slavery; and the inattention habitual with Englishmen to whatever is going on in the world outside their own island, made them profoundly ignorant of all the antecedents of the struggle, insomuch that it was not generally believed in England, for the first year or two of the war, that the quarrel was one of slavery. There were men of high principle and unquestionable liberality of opinion, who thought it a dispute about tariffs, or assimilated it to the cases in which they were accustomed to sympathize, of a people struggling for independence.
It was my obvious duty to be one of the small minority who protested against this perverted state of public opinion. I was not the first to protest. It ought to be remembered to the honour of Mr. Hughes and of Mr. Ludlow, that they, by writings published at the very beginning of the struggle, began the protestation. Mr. Bright followed in one of the most powerful of his speeches, followed by others not less striking. I was on the point of adding my words to theirs, when there occurred, towards the end of 1861, the seizure of the Southern envoys on board a British vessel, by an officer of the United States. Even English forgetfulness has not yet had time to lose all remembrance of the explosion of feeling in England which then burst forth, the expectation, prevailing for some weeks, of war with the United States, and the warlike preparations actually commenced on this side. While this state of things lasted, there was no chance of a hearing for anything favourable to the American cause; and, moreover, I agreed with those who thought the act unjustifiable, and such as to require that England should demand its disavowal. When the disavowal came, and the alarm of war was over, I wrote, in January, 1862, the paper, in Fraser's Magazine, entitled "The Contest in America," [and I shall always feel grateful to my daughter that her urgency prevailed on me to write it when I did, for we were then on the point of setting out for a journey of some months in Greece and Turkey, and but for her, I should have deferred writing till our return.] Written and published when it was, this paper helped to encourage those Liberals who had felt overborne by the tide of illiberal opinion, and to form in favour of the good cause a nucleus of opinion which increased gradually, and, after the success of the North began to seem probable, rapidly. When we returned from our journey I wrote a second article, a review of Professor Cairnes' book, published in the Westminster Review. England is paying the penalty, in many uncomfortable ways, of the durable resentment which her ruling classes stirred up in the United States by their ostentatious wishes for the ruin of America as a nation; they have reason to be thankful that a few, if only a few, known writers and speakers, standing firmly by the Americans in the time of their greatest difficulty, effected a partial diversion of these bitter feelings, and made Great Britain not altogether odious to the Americans.
This duty having been performed, my principal occupation for the next two years was on subjects not political. The publication of Mr. Austin's Lectures on Jurisprudence after his decease, gave me an opportunity of paying a deserved tribute to his memory, and at the same time expressing some thoughts on a subject on which, in my old days of Benthamism, I had bestowed much study. But the chief product of those years was the Examination of Sir William Hamilton's Philosophy. His Lectures, published in 1860 and 1861, I had read towards the end of the latter year, with a half-formed intention of giving an account of them in a Review, but I soon found that this would be idle, and that justice could not be done to the subject in less than a volume. I had then to consider whether it would be advisable that I myself should attempt such a performance. On consideration, there seemed to be strong reasons for doing so. I was greatly disappointed with the Lectures. I read them, certainly, with no prejudice against Sir William Hamilton. I had up to that time deferred the study of his Notes to Reid on account of their unfinished state, but I had not neglected his Discussions in Philosophy; and though I knew that his general mode of treating the facts of mental philosophy differed from that of which I most approved, yet his vigorous polemic against the later Transcendentalists, and his strenuous assertion of some important principles, especially the Relativity of human knowledge, gave me many points of sympathy with his opinions, and made me think that genuine psychology had considerably more to gain than to lose by his authority and reputation. His Lectures and the Dissertations on Reid dispelled this illusion: and even the Discussions, read by the light which these throw on them, lost much of their value. I found that the points of apparent agreement between his opinions and mine were more verbal than real; that the important philosophical principles which I had thought he recognised, were so explained away by him as to mean little or nothing, or were continually lost sight of, and doctrines entirely inconsistent with them were taught in nearly every part of his philosophical writings. My estimation of him was therefore so far altered, that instead of regarding him as occupying a kind of intermediate position between the two rival philosophies, holding some of the principles of both, and supplying to both powerful weapons of attack and defence, I now looked upon him as one of the pillars, and in this country from his high philosophical reputation the chief pillar, of that one of the two which seemed to me to be erroneous.