Part 28

Of all mankind there are none so pernicious as political projectors, if they have power, nor so ridiculous if they want it; as, on the other hand, a wise politician is the most beneficial character in nature if accompanied with authority; and the most innocent, and not altogether useless, even if deprived of it. It is not with forms of government as with other artificial contrivances, where an old engine may be rejected, if we can discover another more accurate and commodious, or where trials may safely be made, even though the success be doubtful. An established government has an infinite advantage, by that very circumstance of its being established; the bulk of mankind being governed by authority, not reason, and never attributing authority to anything that has not the recommendation of antiquity. To tamper, therefore, in this affair, or try projects merely upon the credit of supposed argument and philosophy, can never be the part of a wise magistrate, who will bear a reverence to what carries the marks of age; and though he may attempt some improvements for the public good, yet will he adjust his innovations as much as possible to the ancient fabric, and preserve entire the chief pillars and supports of the constitution.

The mathematicians in Europe have been much divided concerning that figure of a ship which is the most commodious for sailing; and Huygens, who at last determined this controversy, is justly thought to have obliged the learned, as well as commercial world; though Columbus had sailed to America, and Sir Francis Drake made the tour of the world, without any such discovery. As one form of government must be allowed more perfect than another, independent of the manners and humours of particular men, why may we not inquire what is the most perfect of all, though the common botched and inaccurate governments seem to serve the purposes of society, and though it be not so easy to establish a new government as to build a vessel upon a new plan? The subject is surely the most worthy curiosity of any the wit of man can possibly devise. And who knows, if this controversy were fixed by the universal consent of the learned, but in some future age an opportunity might be afforded of reducing the theory to practice, either by a dissolution of the old governments, or the combination of men to form a new one in some distant part of the world? In all cases it must be advantageous to know what is most perfect in the kind, that we may be able to bring any real constitution or form of government as near it as possible, by such gentle alterations and innovations as may not give too great disturbance to society.

All I pretend to in the present essay is to revive this subject of speculation, and therefore I shall deliver my sentiments in as few words as possible. A long dissertation on that head would not, I apprehend, be very acceptable to the public, who will be apt to regard such disquisitions both as useless and chimerical.

All plans of government which suppose great reformation in the manners of mankind are plainly imaginary. Of this nature are the Republic of Plato and the Utopia of Sir Thomas More. The Oceana is the only valuable model of a commonwealth that has as yet been offered to the public.

The chief defects of the Oceana seem to be these—First, its rotation is inconvenient, by throwing men, of whatever ability, by intervals, out of public employments. Secondly, its Agrarian is impracticable. Men will soon learn the art, which was practised in ancient Rome, of concealing their possessions under other people’s names, till at last the abuse will become so common, that they will throw off even the appearance of restraint. Thirdly, the Oceana provides not a sufficient security for liberty, or the redress of grievances. The senate must propose, and the people consent; by which means the senate have not only a negative upon the people, but, what is of infinitely greater consequence, their negative goes before the votes of the people. Were the king’s negative of the same nature in the English constitution, and could he prevent any bill from coming into Parliament, he would be an absolute monarch. As his negative follows the votes of the Houses, it is of little consequence; such a difference is there in the manner of placing the same thing. When a popular bill has been debated in the two Houses, is brought to maturity, all its conveniences and inconveniences weighed and balanced, if afterwards it be presented for the Royal assent, few princes will venture to reject the unanimous desire of the people. But could the king crush a disagreeable bill in embryo (as was the case, for some time, in the Scots Parliament, by means of the Lords of the Articles) the British Government would have no balance, nor would grievances ever be redressed. And it is certain that exorbitant power proceeds not, in any government, from new laws so much as from neglecting to remedy the abuses which frequently rise from the old ones. A government, says Machiavel, must often be brought back to its original principles. It appears then, that in the Oceana the whole legislature may be said to rest in the senate; which Harrington would own to be an inconvenient form of government, especially after the Agrarian is abolished.

Here is a form of government to which I cannot, in theory, discover any considerable objection,

Let Great Britain and Ireland, or any territory of equal extent, be divided into a hundred counties, and each county into a hundred parishes, making in all ten thousand. If the country purposed to be erected into a commonwealth be of more narrow extent, we may diminish the number of counties; but never bring them below thirty. If it be of greater extent, it were better to enlarge the parishes, or throw more parishes into a county, than increase the number of counties.

Let all the freeholders of ten pounds a year in the country, and all the householders worth two hundred pounds in the town parishes, meet annually in the parish church, and choose, by ballot, some freeholder of the county for their member, whom we shall call the county representative.

Let the hundred county representatives, two days after their election, meet in the county-town, and choose by ballot, from their own body, ten county magistrates and one senator. There are, therefore, in the whole commonwealth, one hundred senators, eleven hundred county magistrates, and ten thousand county representatives; for we shall bestow on all senators the authority of county magistrates, and on all county magistrates the authority of county representatives.

Let the senators meet in the capital, and be endowed with the whole executive power of the commonwealth; the power of peace and war, of giving orders to generals, admirals, and ambassadors, and, in short, all the prerogatives of a British king, except his negative.

Let the county representatives meet in their particular counties, and possess the whole legislative power of the commonwealth; the greatest number of counties deciding the question; and where these are equal, let the senate have the casting vote.

Every new law must first be debated in the senate; and though rejected by it, if ten senators insist and protest, it must be sent down to the counties. The senate may join to the copy of the law their reasons for receiving or rejecting it.

Because it would be troublesome to assemble all the county representatives for every trivial law that may be requisite, the senate have their choice of sending down the law either to the county magistrates or county representatives.

The magistrates, though the law be referred to them, may, if they please, call the representatives, and submit the affair to their determination.

Whether the law be referred by the senate to the county magistrates or representatives, a copy of it, and of the senate’s reasons, must be sent to every representative eight days before the day appointed for the assembling, in order to deliberate concerning it. And though the determination be, by the senate, referred to the magistrates, if five representatives of the county order the magistrates to assemble the whole court of representatives, and submit the affair to their determination, they must obey.

Either the county magistrates or representatives may give to the senator of the county the copy of a law to be proposed to the senate; and if five counties concur in the same order, the law, though refused by the senate, must come either to the county magistrates or representatives, as is contained in the order of the five counties.

Any twenty counties, by a vote either of their magistrates or representatives, may throw any man out of all public offices for a year. Thirty counties for three years.

The senate has a power of throwing out any member or number of members of its own body, not to be re-elected for that year. The senate cannot throw out twice in a year the senator of the same county.

The power of the old senate continues for three weeks after the annual election of the county representatives. Then all the new senators are shut up in a conclave, like the cardinals, and by an intricate ballot, such as that of Venice or Malta, they choose the following magistrates:—A protector, who represents the dignity of the commonwealth and presides in the senate, two secretaries of state, these six councils: a council of state, a council of religion and learning, a council of trade, a council of laws, a council of war, a council of the admiralty, each council consisting of five persons; together with six commissioners of the treasury and a first commissioner. All these must be senators. The senate also names all the ambassadors to foreign courts, who may either be senators or not.

The senate may continue any or all of these, but must re-elect them every year.

The protector and two secretaries have session and suffrage in the council of state. The business of that council is all foreign politics. The council of state has session and suffrage in all the other councils.

The council of religion and learning inspects the universities and clergy. That of trade inspects everything that may affect commerce. That of laws inspects all the abuses of laws by the inferior magistrates, and examines what improvements may be made of the municipal law. That of war inspects the militia and its discipline, magazines, stores, etc., and when the republic is in war, examines into the proper orders for generals. The council of admiralty has the same power with regard to the navy, together with the nomination of the captains and all inferior officers.

None of these councils can give orders themselves, except where they receive such powers from the senate. In other cases, they must communicate everything to the senate.

When the senate is under adjournment, any of the councils may assemble it before the day appointed for its meeting.

Besides these councils or courts, there is another called the court of competitors, which is thus constituted:—If any candidates for the office of senator have more votes than a third of the representatives, that candidate who has most votes next to the senator elected, becomes incapable for one year of all public offices, even of being a magistrate or representative; but he takes his seat in the court of competitors. Here then is a court which may sometimes consist of a hundred members, sometimes have no members at all, and by that means be for a year abolished.

The court of competitors has no power in the commonwealth. It has only the inspection of the public accounts and the accusing any man before the senate. If the senate acquit him, the court of competitors may, if they please, appeal to the people, either magistrates or representatives. Upon that appeal the magistrates or representatives meet at the day appointed by the court of competitors, and choose in each county three persons, from which number every senator is excluded. These to the number of three hundred meet in the capital, and bring the person accused to a new trial.

The court of competitors may propose any law to the senate, and if refused, may appeal to the people—that is to the magistrates or representatives, who examine it in their counties. Every senator who is thrown out of the senate by a vote of the court, takes his seat in the court of competitors.

The senate possesses all the judicative authority of the House of Lords—that is, all the appeals from the inferior courts. It likewise nominates the Lord Chancellor and all the officers of the law.