Anyone who is interested in the nature and derivation of governmental institutions and establishments in Eu
rope, in any but the formal respect, should be able to satisfy his curiosity by looking over the shoulders of the professed students of Political Science. Quite properly and profitably that branch of scholarship is occupied with the authentic pedigree of these institutions, and with the documentary instruments in the case; since Political Science is, after all, a branch of theoretical jurisprudence and is concerned about a formally competent analysis of the recorded legal powers. The material circumstances from which these institutions once took their beginning, and the exigencies which have governed the rate and direction of their later growth and mutation, as well as the de facto bearing of the institutional scheme on the material welfare or the cultural fortunes of the given community,—while all these matters of fact may be germane to the speculations of Political Theory, they are not intrinsic to its premises, to the logical sequence of its inquiry, or to its theoretical findings. The like is also true, of course, as regards that system of habits of thought, that current frame of mind, in which any given institutional scheme necessarily is grounded, and without the continued support of which any given scheme of governmental institutions or policy would become nugatory and so would pass into the province of legal fiction. All these are not idle matters in the purview of the student of Political Science, but they remain after all substantially extraneous to the structure of political theory; and in so far as matters of this class are to be brought into the case at all, the specialists in the field can not fairly be expected to contribute anything beyond an occasional obiter dictum. There can be no discourteous presumption, therefore, in accepting the general theorems of current political theory without prejudice, and looking past
the received theoretical formulations for a view of the substantial grounds on which the governmental establishments have grown into shape, and the circumstances, material and spiritual, that surround their continued working and effect.
By lineal descent the governmental establishments and the powers with which they are vested, in all the Christian nations, are derived from the feudal establishments of the Middle Ages; which, in turn, are of a predatory origin and of an irresponsible character.[2] In nearly all instances, but more particularly among the nations that are accounted characteristically modern, the existing establishments have been greatly altered from the mediaeval pattern, by concessive adaptation to later exigencies or by a more or less revolutionary innovation. The degree of their modernity is (conventionally) measured, roughly, by the degree in which they have departed from the mediaeval pattern. Wherever the unavoidable concessions have been shrewdly made with a view to conserving the autonomy and irresponsibility of the governmental establishment, or the "State," and where the state of national sentiment has been led to favor this work of conservation, as, e.g., in the case of Austria, Spain or Prussia, there the modern outcome has been what may be called a Dynastic State. Where, on the other hand, the run of national sentiment has departed notably from the ancient holding ground of loyal abnegation, and has enforced a measure of revolutionary innovation, as in the case of France or of the English-speaking peoples, there the modern outcome has been an (ostensibly) democratic
commonwealth of ungraded citizens. But the contrast so indicated is a contrast of divergent variants rather than of opposites. These two type-forms may be taken as the extreme and inclusive limits of variation among the governmental establishments with which the modern world is furnished.[3]
The effectual difference between these two theoretically contrasted types of governmental establishments is doubtless grave enough, and for many purposes it is consequential, but it is after all not of such a nature as need greatly detain the argument at this point. The two differ less, in effect, in that range of their functioning which comes in question here than in their bearing on the community's fortunes apart from questions of war and peace. In all cases there stand over in this bearing certain primary characteristics of the ancient régime, which all these modern establishments have in common, though not all in an equal degree of preservation and effectiveness. They are, e.g., all vested with certain attributes of "sovereignty." In all cases the citizen still proves on closer attention to be in some measure a "subject" of the State, in that he is invariably conceived to owe a "duty" to the constituted authorities in one respect and another. All civilised governments take cognizance of Treason, Sedition, and the like; and all good citizens are not only content but profoundly insistent on the clear duty of the citizen on this head. The bias of loyalty is not a matter on which argument is tolerated. By virtue of this bias of loyalty, or "civic duty"—which still has much of the color of feudal allegiance—the governmental establish
ment is within its rights in coercively controlling and directing the actions of the citizen, or subject, in those respects that so lie within his duty; as also in authoritatively turning his abilities to account for the purposes that so lie within the governmental discretion, as, e.g., the Common Defense.
These rights and powers still remain to the governmental establishment even at the widest democratic departure from that ancient pattern of masterful tutelage and usufruct that marked the old-fashioned patrimonial State,—and that still marks the better preserved ones among its modern derivatives. And so intrinsic to these governmental establishments are these discretionary powers, and by so unfailing a popular bias are they still accounted a matter of course and of axiomatic necessity, that they have invariably been retained also among the attributes of those democratic governments that trace their origin to a revolutionary break with the old order.
To many, all this will seem a pedantic taking note of commonplaces,—as if it were worth while remarking that the existing governments are vested with the indispensable attributes of government. Yet history records an instance at variance with this axiomatic rule, a rule which is held to be an unavoidable deliverance of common sense. And it is by no means an altogether unique instance. It may serve to show that these characteristic and unimpeachable powers that invest all current governmental establishments are, after all, to be rated as the marks of a particular species of governments, and not characteristics of the genus of governmental establishments at large. These powers answer to an acquired bias, not to an underlying trait of human nature; a matter of habit, not of heredity.