a) Forces operating in the direction of concentration of wealth: (1) The unearned increment of land, especially in cities, is no doubt a real force. (2) The trust movement is operating in its earlier phases, at least, in the direction of concentration. (3) In the third place, war, whenever it comes, carries with it forces which bring wealth to the few rather than to the many. (4) Arrangements of one kind and another may be mentioned by means of various trust devices to secure the ends of primogeniture and entail. (5) Another force operating to concentrate the ownership of wealth may be called economic inertia. According to the principle of inertia, forces continue to operate until they are checked by other forces coming into contact with them.

b) Forces which operate to diffuse wealth: (1) Education, broadly considered, should be mentioned first of all. (2) Next, mention must be made of the public control of corporations. (3) Changes in taxation are the third item in this enumeration of forces. (4) The development of the idea of property as a trust is next mentioned. (5) Profit-sharing and co-operation. (6) Sound currency is next mentioned. (7) Public ownership of public utilities is a further force. (8) Labor organizations. (9) Institutions, especially in the interest of the wage-earning and economically weaker elements in the community. (10) Savings institutions and insurance.

3. Public Opinion: School of Thought and Legislation in England[159]

Public legislative opinion, as it has existed in England during the nineteenth century, presents several noteworthy aspects or characteristics. They may conveniently be considered under five heads: the existence at any given period of a predominant public opinion; the origin of such opinion; the development and continuity thereof; the checks imposed on such opinion by the existence of counter-currents and cross-currents of opinion; the action of laws themselves as the creators of legislative opinion.

First, there exists at any given time a body of beliefs, convictions, sentiments, accepted principles, or firmly rooted prejudices, which, taken together, make up the public opinion of a particular era, or what we may call the reigning or predominant current of opinion, and, as regards at any rate the last three or four centuries, and especially the nineteenth century, the influence of this dominant current of opinion has, in England, if we look at the matter broadly, determined, directly or indirectly, the course of legislation.

Second, the opinion which affects the development of the law has, in modern England at least, often originated with some single thinker or school of thinkers. No doubt it is at times allowable to talk of a prevalent belief or opinion as "being in the air," by which expression is meant that a particular way of looking at things has become the common possession of all the world. But though a belief, when it prevails, may at last be adopted by the whole of a generation, it rarely happens that a widespread conviction has grown up spontaneously among the multitude. "The initiation," it has been said, "of all wise or noble things comes, and must come, from individuals; generally at first from some one individual," to which it ought surely to be added that the origination of a new folly or of a new form of baseness comes, and must in general come, at first from individuals or from some one individual. The peculiarity of individuals, as contrasted with the crowd, lies neither in virtue nor in wickedness but in originality. It is idle to credit minorities with all the good without ascribing to them most, at least, of the evils due to that rarest of all human qualities—inventiveness.

The course of events in England may often, at least, be thus described: A new and, let us assume, a true idea presents itself to some one man of originality or genius; the discoverer of the new conception, or some follower who has embraced it with enthusiasm, preaches it to his friends or disciples, they in their turn become impressed with its importance and its truth, and gradually a whole school accepts the new creed. These apostles of a new faith are either persons endowed with special ability or, what is quite as likely, they are persons who, owing to their peculiar position, are freed from a bias, whether moral or intellectual, in favor of prevalent errors. At last the preachers of truth make an impression, either directly upon the general public or upon some person of eminence, say a leading statesman, who stands in a position to impress ordinary people and thus to win the support of the nation. Success, however, in converting mankind to a new faith, whether religious or economical or political, depends but slightly on the strength of the reasoning by which the faith can be defended, or even on the enthusiasm of its adherents. A change of belief arises, in the main, from the occurrence of circumstances which incline the majority of the world to hear with favor theories which, at one time, men of common sense derided as absurdities or distrusted as paradoxes. The doctrine of free trade, for instance, has in England for about half a century held the field as an unassailable dogma of economic policy, but a historian would stand convicted of ignorance or folly who should imagine that the fallacies of protection were discovered by the intuitive good sense of the people, even if the existence of such a quality as the good sense of the people be more than a political fiction. The principle of free trade may, as far as Englishmen are concerned, be treated as the doctrine of Adam Smith. The reasons in its favor never have been, nor will, from the nature of things, be mastered by the majority of any people. The apology for freedom of commerce will always present, from one point of view, an air of paradox. Every man feels or thinks that protection would benefit his own business, and it is difficult to realize that what may be a benefit for any man taken alone may be of no benefit to a body of men looked at collectively. The obvious objections to free trade may, as free traders conceive, be met; but then the reasoning by which these objections are met is often elaborate and subtle and does not carry conviction to the crowd. It is idle to suppose that belief in freedom of trade—or indeed in any other creed—ever won its way among the majority of converts by the mere force of reasoning. The course of events was very different. The theory of free trade won by degrees the approval of statesmen of special insight, and adherents to the new economic religion were one by one gained among persons of intelligence. Cobden and Bright finally became potent advocates of truths of which they were in no sense the discoverers. This assertion in no way detracts from the credit due to these eminent men. They performed to admiration the proper function of popular leaders; by prodigies of energy and by seizing a favorable opportunity, of which they made the very most use that was possible, they gained the acceptance by the English people of truths which have rarely, in any country but England, acquired popularity. Much was due to the opportuneness of the time. Protection wears its most offensive guise when it can be identified with a tax on bread, and therefore can, without patent injustice, be described as the parent of famine and starvation. The unpopularity, moreover, inherent in a tax on corn is all but fatal to a protective tariff when the class which protection enriches is comparatively small, whilst the class which would suffer keenly from dearness of bread and would obtain benefit from free trade is large, and, having already acquired much, is certain soon to acquire more political power. Add to all this that the Irish famine made the suspension of the corn laws a patent necessity. It is easy, then, to see how great in England was the part played by external circumstances—one might almost say by accidental conditions—in determining the overthrow of protection. A student should further remark that after free trade became an established principle of English policy, the majority of the English people accepted it mainly on authority. Men who were neither land-owners nor farmers perceived with ease the obtrusive evils of a tax on corn, but they and their leaders were far less influenced by arguments against protection generally than by the immediate and almost visible advantage of cheapening the bread of artisans and laborers. What, however, weighed with most Englishmen, above every other consideration, was the harmony of the doctrine that commerce ought to be free, with that disbelief in the benefits of state intervention which in 1846 had been gaining ground for more than a generation.

It is impossible, indeed, to insist too strongly upon the consideration that whilst opinion controls legislation, public opinion is itself far less the result of reasoning or of argument than of the circumstances in which men are placed. Between 1783 and 1861 negro slavery was abolished—one might almost say ceased of itself to exist—in the northern states of the American Republic; in the South, on the other hand, the maintenance of slavery developed into a fixed policy, and before the War of Secession the "peculiar institution" had become the foundation stone of the social system. But the religious beliefs and, except as regards the existence of slavery, the political institutions prevalent throughout the whole of the United States were the same. The condemnation of slavery in the North, and the apologies for slavery in the South, must therefore be referred to difference of circumstances. Slave labor was obviously out of place in Massachusetts, Vermont, or New York; it appeared to be, even if in reality it was not, economically profitable in South Carolina. An institution, again, which was utterly incompatible with the social condition of the northern states harmonized, or appeared to harmonize, with the social conditions of the southern states. The arguments against the peculiar institution were in themselves equally strong in whatever part of the Union they were uttered, but they carried conviction to the white citizens of Massachusetts, whilst, even when heard or read, they did not carry conviction to the citizens of South Carolina. Belief, and, to speak fairly, honest belief, was to a great extent the result, not of argument, nor even of direct self-interest, but of circumstances. What was true in this instance holds good in others. There is no reason to suppose that in 1830 the squires of England were less patriotic than the manufacturers, or less capable of mastering the arguments in favor of or against the reform of Parliament. But everyone knows that, as a rule, the country gentlemen were Tories and anti-reformers, whilst the manufacturers were Radicals and reformers. Circumstances are the creators of most men's opinions.

Third, the development of public opinion generally, and therefore of legislative opinion, has been in England at once gradual, or slow, and continuous. The qualities of slowness and continuity may conveniently be considered together, and are closely interconnected, but they are distinguishable and essentially different.