[40] See these cases in Warren's Social and Professional Duties of an Attorney, pp. 128-133, 195, 196.
[41] See the admirable article by Lord Justice Bowen on 'The Administration of the Law' in Ward's Reign of Queen Victoria, vol. i.
CHAPTER X
It is obvious from the considerations that have been adduced in the last chapter that the moral limitations and conditions under which an ordinary member of Parliament is compelled to work are far from ideal. An upright man will try conscientiously, under these conditions, to do his best for the cause of honesty and for the benefit of his country, but he cannot essentially alter them, and they present many temptations and tend in many ways to blur the outlines separating good from evil. He will find himself practically pledged to support his party in measures which he has never seen and in policies that are not yet developed; to vote in some cases contrary to his genuine belief and in many cases without real knowledge; to act throughout his political career on many motives other than a reasoned conviction of the substantial merits of the question at issue.
I have dwelt on the difficult questions which arise when the wishes of his constituents are at variance with his own genuine opinions. Another and a wider question is how far he is bound to make what he considers the interests of the nation his guiding light, and how far he should subordinate what he believes to be their interests to their prejudices and wishes. One of the first lessons that every active politician has to learn is that he is a trustee bound to act for men whose opinions, aims, desires and ideals are often very different from his own. No man who holds the position of member of Parliament should divest himself of this consideration, though it applies to different classes of members in different degrees. A private member should not forget it, but at the same time, being elected primarily and specially to represent one particular element in the national life, he will concentrate his attention more exclusively on a narrow circle, though he has at the same time more latitude of expressing unpopular opinions and pushing unripe and unpopular causes than a member who is taking a large and official part in the government of the nation. The opposition front bench occupies a somewhat different position. They are the special and organised representatives of a particular party and its ideas, but the fact that they may be called upon at any time to undertake the government of the nation as a whole, and that even while in opposition they take a great part in moulding its general policy, imposes on them limitations and restrictions from which a mere private member is in a great degree exempt. When a party comes into power its position is again slightly altered. Its leaders are certainly not detached from the party policy they had advocated in opposition. One of the main objects of party is to incorporate certain political opinions and the interests of certain sections of the community in an organised body which will be a steady and permanent force in politics. It is by this means that political opinions are most likely to triumph; that class interests are most effectually protected. But a Government cannot govern merely in the interests of a party. It is a trustee for the whole nation, and one of its first duties is to ascertain and respect as far as possible the wishes as well as the interests of all sections.
Concrete examples may perhaps show more clearly than abstract statements the kind of difficulties that I am describing. Take, for example, the large class of proposals for limiting the sale of strong drink by such methods as local veto or Sunday closing of public-houses. One class of politicians take up the position of uncompromising opponents of the drink trade. They argue that strong drink is beyond all question in England the chief source of the misery, the vice, the degradation of the poor; that it not only directly ruins tens of thousands, body and soul, but also brings a mass of wretchedness that it is difficult to overrate on their innocent families; that the drunkard's craving for drink often reproduces itself as an hereditary disease in his children; and that a legislator can have no higher object and no plainer duty than by all available means to put down the chief obstacle to the moral and material well-being of the people. The principle of compulsion, as they truly say, is more and more pervading all departments of industry. It is idle to contend that the State which, while prohibiting other forms of Sunday trading, gives a special privilege to the most pernicious of all, has not the right to limit or to withdraw it, and the legislature which levies vast sums upon the whole community for the maintenance of the police as well as for poor-houses, prisons and criminal administration, ought surely, in the interests of the whole community, to do all that is in its power to suppress the main cause of pauperism, disorder and crime.
Another class of politicians approach the question from a wholly different point of view. They emphatically object to imposing upon grown-up men a system of moral restriction which is very properly imposed upon children. They contend that adult men who have assumed all the duties and responsibilities of life, and have even a voice in the government of the country, should regulate their own conduct, as far as they do not directly interfere with their neighbours, without legal restraint, bearing themselves the consequences of their mistakes or excesses. This, they say, is the first principle of freedom, the first condition in the formation of strong and manly characters. A poor man, who desires on his Sunday excursion to obtain moderate refreshment such as he likes for himself or his family, and who goes to the public-house—probably in most cases to meet his friends and discuss the village gossip over a glass of beer—is in no degree interfering with the liberty of his neighbours. He is doing nothing that is wrong; nothing that he has not a perfect right to do. No one denies the rich man access to his club on Sunday, and it should be remembered that the poor man has neither the private cellars nor the comfortable and roomy homes of the rich, and has infinitely fewer opportunities of recreation. Because some men abuse this right and are unable to drink alcohol in moderation, are all men to be prevented from drinking it at all, or at least from drinking it on Sunday? Because two men agree not to drink it, have they a right to impose the same obligation on an unwilling third? Have those who never enter a public-house, and by their position in life never need to enter it, a right, if they are in a majority, to close its doors against those who use it? On such grounds these politicians look with extreme disfavour on all this restrictive legislation as unjust, partial and inconsistent with freedom.