••^^smmimffmfmmmmmmmmmmi^m m^^^iimmmmmB AN APPEAL TO THE CANADIAN INSTITUTE ON THE IRectification of Iparliainent BY SANDFORD FLEMING. G.M.G.. LL.D., Etc TOGETHER WITH 1 HE CONDITIONS ON WHICH THE COUNCIL OF THE INSTITUTE. OFFERS TO AWARD ONE THOUSAND DOLLARS FOR PRIZE ESSAYS. TORONTO : THP: COPF, CLAF^K company, limited. 1892. 87 48 AN APPEAL TO THE CAiNADIAN INSTITUTE ON THE IRectification of Iparliantent BY SANDFORD FLEMING, C.M.G., LL.D., Etc. TOGETHER WITH THE CONDITIONS ON WHICH THE COUNCIL OF THE IXSTITUTE OFFERS TO AWARD ONE THOUSAND DOLLARS FOR PRIZE ESSAYS. TOKONTU : THE COPP, CLARK COMPANY, Limited. 1892. » > • » » • J * I > ' ' ' * » * » 1 w » » * » • * » • s » t " • ■ cc t t J • • « I c « «■ c > c CI y<^ MEMORANDUM BY THE COUNCIL. Early in the present year a letter was received from a member of the ^ Society, Dr. Sandford Fleming, bringing to the attention of the Institute the importance of an enquiry into the possibility of rectifying our electoral and parliam.entary system, with the view of averting many evils now attending it. He appealed to the Institute as a body which, while non-political in its corporate character, is representative through its mem- bers of all shades of opinion. The object expressed was to awaken an interest in a difficult problem, which vitally concerns the whole com- munity, in the hope that some practical and beneficial solution may be obtained. The Council has had the matter under serious consideration for some ;; time ; meanwhile an old friend of the Institute, deeply impressed with its importance, and the great public need of a satisfactory solution, has c 3 J placed at the disposal of the Council the sum of one thousand dollars to assist, as far as possible, in the attainment of the desired end. ^ The matter was formally brought before the Institute, at a largely :: attended meeting, on the 20th February last, when after the reading of J; Dr. Fleming's communication and the discussion on the "Note" <■ attached, the following resolution passed with substantial unanimit\- : — 6 " That the generous offer of a friend (who does not wish his name to be known) to contribute the sum of $i,ooo to aid in obtaining a satis- factory solution of the problem referred to in Di-. Sandford Meming's paper, be accepted with the best thanks of the Institute, and that the Council be empowered to take the necessary ste[)s to obtain essays or treatises, and award the premium to the best workable measure, which, if 244.^^51 4 MEMORANDUM. made law, would give the whole Canadian people equal representation in Parliament, and each elector due weight in the government through Parliament." The Council thereupon appointed a .special committee to carefully weigh the whole subject, and consider how best to deal with the matter and carr\- into effect the wishes of the meeting and the authority and trust conferred on it by the Institute. After many meetings and conferences, the Council has adopted the recommendations of the special committee, and now appeals to every member of the Institute and to all thoughtful persons within the Dominion, for their assistance in obtaining a complete solution of the problem. While the Institute addresses Canadians as being specially interested in the good government of their own land, the prize competition is extended to all persons of whatever country, on equal terms, as set forth in the conditions issued herewith. Arthur Harvey, President. Alan Macdougall, Secretary. Canadian Institute, Toronto, April 4th, 1892. CONDITIONS On which The Canadian Institute offers to award prizes for essays on "electoral REPRESENTATION AND THE RECTIFICATION OF PARLIAMENT." The sum of one thousand dollars ($1,000) has been placed at the disposal of the Council of the Canadian Institute to be awarded in whole or in part by the Institute for the best workable measure (Bill or Act of Parliament) which, if made law, would give the whole Canadian people equal representation in Parliament and each elector due weight in the Government, through Parliament. The Council of the Institute accordingly invites essaj's on Electoral Representation and the Rectification of Parliament, accompanied by a draft bill applicable to countries with a Parliamentary System similar in general features to that of Canada. The essays will be received by the Council before the first day of July, 1893. As the Transactions of the Institute are printed in Englisli, it is desirable the essays should be in that language. They are to be signed with a motto, and the name and address of the ■uTiter are to be enclosed in a sealed envelope, endorsed with that motto ; the whole under one cover, to be addi-essed ELECTORAL REPRESENTATION. To Th£ Secretary, Canadian Institute, Toronto, Canada. The sealed envelopes to remain unopened until final adjudication by the Council of the Institute. The Council will, immediately after the 1st July, 1893, examine all the Essays received. All treatises of merit, to which an apparently "workable measure " is appended (in whicli considoral^le latitude must necessarily be allowed), will then be referred to an independent tribunal for a report. It will be the aim of the Council to liave this tribunal comi)osed of men of the highest sbinding in their several spheres, comprising persons learned in political .science, law and practical politics. The Council proposes that one award be given of not less tiian five hundred dollars (S500), and others, proportionate to the merits of the works submitted. If the essfiys and draft bills shall not be thought l)y tlie al)ove tribunal of sufficient merit to entitle them to receive the principal" or any premium) or if tlie Council on receiving tlie report sliall bo of that opinion, the Council resei'ves to itself the right not to award any ])remiinn. The Canadian Institute reserves U> itself the right to publish the successful essays and draft bills to which iireiuiiniis may bo awarded. Canadian In.stitutk, ALAN MACDOUGALL, Toronto, .April 4tli, 1802. Secretary. Ottawa, January ist, 1S92. Alan Macdoiigall, Esq., Corresponding Secretary Canadian Institute, Toronto. Sir. — I am desirous of bringing to the attention of the Canadian Institute a subject of more than ordinary importance, and to my mind, especially so at this period in our history. I beg leave to refer to the accompanying " Note " by which it may be seen that the design in view is the removal of certain evils which unfortunately beset us as a people. I cannot resist the impression that the examination of the facts presents a scientific problem, in no way unworthy the consideration of the Institute ; and if a solution of the difficulties presented be possible, it can best be obtained by bringing the subject to the attention of properly qualified minds. It is the duty of us all to seek the best means of serving our country, and on this ground I appeal to the Institute to extend its consideration to the matter which I respectfully ask per- mission to lay before its members. The Institute, from its recognized character as a scientific and literary body, holds a peculiarly favourable position to entertain the consideration of the subject. It may be briefly described as an inquiry into the possibility of rectifying our electoral and parliamentary system, with the view of averting many evils now attend- ing it, and of promoting the common happiness by terminating party conflict, and assuring political peace and freedom, by the removal of the painful and depressing influences from which we suffer. I feel therefore warranted in appealing to the Institute, as a body non- political in its corporate character, but which, nevertheless, is representa- tive through its members of all shades of opinion, to give the weight of its name in directing public attention to the subject. I trust I am not too sanguine in expressing the hope, that by the weight and influence of the Institute, so great and so general an interest in the subject m-iy be awakened, as to lead to important and beneficial results. Should a practical solution to the problem be obtained, it will be attended with the happiest consequences, and the Institute will have conferred a lasting benefit on the Dominion. Along with the c?ccompan}ing "Note" I enclose a list of writings bearing on the subject of this communication, some of which arc of deep interest. I have the honor to be, Sir, Your obedient .servant, (Signed) Sandforu Fleming. NOTE ON ELECTORAL REPRESENTATION AND THE RECTIFICATION OF PARLIAMENT. There are in Canada few men past middle age, who have not long felt the unsatisfactory condition of much which appertains to pubhc Hfe in the Dominion. There are not a few who have from year to year hoped that the unfortunate features in that which we call " politics " would in some way disappear. Recent revelations have, however, rudely dispelled such hope, and have confirmed the fears of those who foresaw that as the tendency of the evils was progressive, we could not reasonably look for an improvement. Thoughtful persons, having the welfare of the country at heart, are thus impelled to give serious attention to the subject, with a view of consider- ing the possibility of securing some beneficial change. The examination naturally takes the direction of an enquiry into the origin of the evils with which we are confronted, and the causes which persistently keep them associated with government, which, therefore tends to become mis-government. The objects of government may be thus defined : To maintain peace and security, to increase prosperity and wealth, to advance moral and intellectual development, and generally to promote the good and the good-will of the people. With us the universal belief is, that the representative system is best calculated to attain these ends. In other conntries the representative system has long been a constitutional reality, and from time to time modifications have been made in the system to render it more workable and more beneficial ; but, notwithstanding the various changes which have been made, it cannot be held that its full and complete development has yet been attained. In Canada we arc familiar with many of the defects of popular government. In the neighboring republic the defects in its adaptation are still more marked, and the political condition is consequently far from satisfactory. In Great Britain, the cradle of modern representative government, where the system should have attained the in'gliest perfection, similar evils have been developed. That the political evils which everywhere attract attention are attribut- able to imperfect methods of carrying out the representative system may justly be inferred. The fundamental principle of representative or 10 NOTE ON ELECTORAL REPKESENTATION. popular government is, that the sovereign power of a State rests in and proceeds from the people, and that it is exercised by the representatives of the people assembled in Parliament. We have accepted this the democratic theory as our principle of government ; but an examination will show that the methods adopted in carrying it into practice, have failed in their object. We. in fact, follow a course which, in its results, operates in a manner diametrically opposed to the true theory of our political constitution. The theory is that the mass of the electors shall be present in the persons and heard in the voices of those who constitute the national assembly or Parliament. Such undoubtedly is the principle of government which we aim to carry into effect, but it has never in practice been even approximately attained ; moreover, it is impossible of attain- ment so long as members of Parliament continue to be chosen according to the present method of election. The obstacles to obtaining a true repre- sentation of the people in Parliament are due to the combined influence of two causes. The Jirst is the expedient universally adopted in choosing members of the legislature by a majority of votes in each constituency. The second is the division of the people and the representatives into two great parties. The second, indeed, follows in a great measure from the first ; undoubtedly the primary radical error is in assuming that the aggregate numerical majorities in the several constituencies are represen- tative of the whole community. On this assumption, all those who do not vote with the majorities are unrepresented in Parliament. The aggregate majorities represent only a portion, in place of the whole people ; the electors who voted for the defeated candidates, together with those who had no vote, or did not vote, remain unrepresented. Under these circumstances, even if the whole elected body gives its unanimous support to the administration, we do not obtain a true and perfect model of popular government, that is to say, a people self governed. We have but the government of a part over a part ; possibly, but not necessarily, the major over the minor part. It is proper, however, in considering the ques- tion, that we should deduct the members in opposition, and then we still less have the government we are told we possess ; that is the government of the people. We then have practically government by the minor over the major part. It can be conclusively shown that the minor and governing part is but a fraction of the whole, and that we are, as a matter of fact, usually governed by this fractional part. There cannot be a doubt that from this circumstance spring the unhappy forces which so much disturb the harmony of our political machinery. It has elsewhere been made clear by actual statistics, that the electoral methods which we follow prevent a large portion of the community from being represented in Parliament, and exclude a still larger portion, gener- NOTE ON ELECTORAL REPRESENTATION. 11 ally the great majority of the people, from any share or participation, directly or indirectly, in the government. It has been likewise established that in place of the supreme power being exercised by the people's representatives, the whole power of the State is absolutely possessed by a minorit}', and practically by an exceedingly small minority. Thus we utterly fail in attaining what is understood to be representative govern- ment ; in its place we have acquired a totally different and perverted system — a system of the character of an oligarchy, and, it is hardly too much to say, exhibiting some of its worst features. We have accepted the fallac}' that a part is equal to the whole. We give supreme authority to a part, numerically in the minority, and we allow it to assume the power which should be exercised by the whole ; at the same time we exclude a large part, generally the majority of the people from the rights and privileges which by theory they possess. Is it surprising that this system should result in the constant recur- rence of difficulty ? Would it not rather be a matter of surprise if those excluded from participation in government, or from representation in Parliament, should quietly acquiesce in the injustice .'' It is only natural that they should resent the deprivation, and strive to regain their lost rights and privileges, by waging political warfare against the men who for the moment rule ; hence it is that they employ every means, good and evil, to drive them from power. The dominant party for the time being, on their part strenuously defend the position they hold, and leave nothing undone to thwart the efforts of their adversaries to displace them. On the one side, there is a persistent and relentless attack upon the party controlling the government ; on the other a life and death struggle for political existence. Thus we have the political peace of the communit}' continuallly disturbed, and we witness, in and out of Par- liament, a never-ending conflict with all its concomitant evils. Such to-day is the chronic condition of public life in Canada, whatever party be in power, and it seems to be much the same in all countries similarly circumstanced. In the work of Sir Henry Maine on popular government the condition of party government, is mildly described as "a system of government consisting in half the cleverest men in the country taking the utmost pains to prevent the other half from governing." It is easy to be seen that the source to which we may trace our political difficulties is an incomplete, if not absolutely false, electoral system. The method of election which we follow, in its effect disfranchises half the population entitled to representation in Parliament, and, without an>' doubt whatever, it is this grave defect in our political system, which throws all our constitutional machinery out of gear. It is this defect which 12 NOTE ON ELECTOKAL REPRESENTATION. brings the organized parties of the present day into being, and which animates and intensifies party feeling. It is this defect which leads to party abuses and vices, and while this defect remains, improvement is not probable, indeed, unless humanity changes its nature, it may be affirmed that any marked improvement is not possible. Glancing over the pages of history, it cannot be denied that a party had its good side as well as its bad in the early days of representative govern- ment. There were special objects to be attained, and questions of great importance to be settled. But great questions do not last forever, in some way they are disposed of, and one by one disappear from the political surface. If parties had depended on great questions to keep them alive, they would have long since perished, and would not to-da> be known as permanent organizations. With truth it may be said that we stand upon the graves of great questions, and it is impossible to con- ceive that the ghosts of dead issues arc of themselves sufficient to main- tain the vitality of parties for any length of time. But every effect is associated with a cause, and the jtarties which flourish to-day have other and adequate cause for their continued activity. Until this cause be removed, parties will survive as living antagonistic forces to disturb the peace and political harmony of the nation. Until the day comes when Parliament shall be properly constituted, and we have represen- tative government, in fact, we cannot look for a truce in political war- fare ; until the whole electorate be fairly represented in the national assembly — a cessation of hostilities is, in the nature of things, impossible. In order clearly to understand a guiding principle of party govern- ment and gain an insight into the ideas of leading party men, let us endeavor to ascertain their aims and aspirations. Suppose we ask those in opposition to the ruling power what their views are with respect to the future. Will they not declare their determination to gain office, and that their hope and desire is to hold - the reins of government permanently ? If we make the same enquiry of the ruling party, will they not tell us that they have no intention of throwing up the power they hold, and that they will, if they can, retain power always. Is not the cardinal idea of each party, that it shall exclusively rule ? That is to say, the ideal government of each for itself is a class govern- ment, the class to consist of the men of the party. If this be the logical inference it seems to be indisputable, that party government is utterly at variance with free institutions. All history goes to prove, and it is indeed a necessary result of our human nature that the end of government is primarily and essentially NOTE OX ELECTORAL REPRESENTATION. 13 the welfare of the ruling class. It an oligarchy governs, the first and great aim is the benefit of the oligarchy. Similarly with respect to a party, and the consequences are the same whatever party may govern. This rule has always obtained, and we may rest satisfied that it will be the rule to the end of time. If, therefore, our object be the welfare and well being of the whole people, it is perfectly clear that the whole and not a part must govern. It becomes a fundamental necessity, therefore, that some way must be devised by which we shall obtain government by the whole people, or by representatives or deputies of the whole people, if we are to make any advance in the art of government. It is quite true that in Canada we follow much the same methods as in Great Britain, where representative institutions took their origin, where the greatest experience has been obtained, and where we look for the highest perfection. It is undeniable that elections determined by the numerical majority of votes, and the division of the electors themselves into two great parties, are methods which have been practised in the mother country more or less since the latter end of the reign of Charles II. It must nevertheless be admitted that the numerical majority system is but a rough and ready means of choosing representa- tives, and that party government is found in the United Kingdom as elsewhere to be productive of serious political evils. Moreover, even if these traditional methods be held to be the only available means of carrying on government in a country which has emerged from feudalism, the circumstances of their application on this side of the Atlantic are not the same. Here the whole people are on equal footing. There is no privileged class, all are equal in the eye of the law, possessing identical rights and privileges. It is our pride to be in close alliance with Great Britain, and our boast to be an integral portion of the British Empire, but in local government we possess the fullest measure of independence, retaining control of our own affairs, untrammelled by the hereditary rights and practice which spring from past social and political con- ditions. In the mother country there arc ways and usages which arc historically intelligible, and among them may be classed the political methods we have named ; the circumstances on this side of the Atlantic are however different, and there will be less difficulty in discarding such ways and usages, if they are found seriously to impede progress or interfere with the essential principles of representative government, "the government of the whole by the whole." In Canada we have been accorded full liberty to manage our own affairs .substantially in our own way. There is no cast iron rule which we arc bound to follow ; there are no theoretical impediments to consti- 14 NOTE ON ELECTORAL REPRESENTATION. tutional changes which we may generally desire ; no reason can be adduced why we should rigidly adhere to usages of the past, if we have been made to feel that they are productive of evil. Feeling clear on these points, two covu'ses are open. First, we may adopt the laisser-aller policy, and allow matters to go on as now, with the prospect, nay, the certainty, that the evils we experience will become greater, and even more confirmed. Second, we may make an honest attempt to rectify Parliament, and obtain a government based on the true principles of popular representation. If we are satisfied that some change in our political methods will be advantageous to us, we are not only free to make the amendment, but it is a duty which we owe to ourselves and to our posterity, to endeavour as much as we are able, to perfect the organization of representative government, so that in this Dominion it may attain the fullest develop- ment and most symmetrical form. Following the second course, the problem which challenges our attention is : to devise a scheme of electoral representation, by which the whole electorate maybe equally recognized in one deliberative body, and every elector may have an equitable share through Parliament in the general administration of public affairs. It is, in short, to perfect our constitutional system so that every interest within the Dominion shall be fairly represented in its government. This problem may be difficult of solution, but considering its vast importance it ought not, in this inventive and constructive age, to be insoluble. What is a party but a portion of the people organized for political purposes ? If it be practicable to organize two political parties in the community, it should be quite possible to form one organization, the outcome of that one organization to be the Parliament we are in search of. We are led to think that political organizations are costly affairs. In the one case, each of the two parties obtains funds from private sources or secretly and improperly from public sources. In the other case the expenditure on a single organization would be purely in the public interests, it could be made openly under the highest authority and be a proper direct charge on the public exchequer. The writer has elsewhere given expression to his views on this subject, and has submitted certain principles by means of which Parliament might be constituted so as to represent truly the whole electorate. While he does not attempt to furnish a scheme, complete in all its details, the maturing of which would indeed require much time, much consultation NOTE ON ELECTORAL REPRESENTATION. 15 and much consideration, he ventures to think that such a scheme as the circumstances demand, could, without great difficulty, be arranged and made perfectly workable ; that while conserving all that is good in our present constitution, and without involving any radical or revolu- tionary change, we could have presented to us a plan by which we would realize in our parliamentary system the true idea of representative government. In forming a new scheme of electoral representation, the central idea should be to constitute Parliament so that in reality it will be "the nation in essence." With this central idea constantly in view, it would be found that no good purpose could be secured by giving exaggerated import- ance, as is often done at present, to abstract political questions during the period of a general election. It would be in the interest of the whole community to choose men to sit in Parliament who are best qualified by common repute to represent the electoral mind, and to leave the settle- ment of all public questions to the assembled legislature. Representa- tives ought not to be considered mere delegates to echo conclusions, dic- tated perhaps by whim or passion, or formed on insufficient evidence and immature judgment. It is well known that often during general elections one question brought into prominence will decide which party shall rule ; while in Parliament many questions arise, some of which may involve far more important considerations than the one which receives special attention at the moment of the election. It is not suffi- cient that members should represent their constituents on the one question, or on several questions. The electorate should be well and thoroughly represented on all questions which may arise throughout the duration of Parliament. What is needed in a member is a man of rectitude, good ability and good sense, in direct touch with, and in full sympathy with those whom he is called upon to represent. The duty of the electors is to select the men who have the proper qualifications, and leave the final settlement of every public question to Parliament. When Parliament assembles, each re[)resentativc should feel himself unpledged, and free to speak and vote on his own clear convictions, unbiassed by preconceived opinions, formed possibly upon incomplete information. In Parliament a member following a debate has the means of acquiring a more perfect knowledge of the subject under discussion than he previously had, or which the generality of those, who have selected him to represent them, cfjuld possibly have. The position of a member provides the best opportunity of obtaining familiarit)' with all sides of a pubh'c question. He will hear the most eminent men in [)ublic life, he will have access to the best evidence which can be obtained. For all these reasons, repre- 10 NOTE ON ELECTORAL REPRESENTATION. sentatives of the people in Parliament should be left free to act accord- ing to the dictates of their own judgment, after full examination, and full consideration of every subject. It is not possible for an electorate to determine in advance, the varied demands for legislation or the conclu- sions which should be reached on the many questions which will arise.* The greater is the necessity, therefore, that they should select men of the proper calibre to represent them, men whose ability and reputation is well established. The representative on his part will owe his constitu- ents the exercise of his best judgment and the maintenance of perfect rectitude in all matters. This point has an important bearing on any new scheme of representa- tion. While the electorate has the right, and should whenever necessary, exercise the right to discuss public questions, it is obviously infinitely more important for the constituencies to obtain as members, intelligent independent men, known to be generally sound on vital questions, in preference to those who are willing, in order to obtain a seat, to pledge their opinion on any given question. Legislation is not so simple that it may be undertaken by any one. It is not a matter of indifference who undertakes it, or what character of legislation is obtained. We should have as legislators the wisest, the most clear-headed, the best informed, the most just and honest members of the community. The average elector may or may not be well grounded in matters of legislation, or in forming correct opinions on all subjects ; but he can, without any doubt or difficulty, exercise his judgment as to who he can trust, and it becomes him to choose some trustworthy man as his proxy to represent him and deliberate with other trustworthy men ; and having done so, he can leave the decision on all legislative questions with confidence to the Parliament which they would constitute. A Parliament so constituted would be a miniature copy of the aggregate * It would be absurd to throw on the people at large the actual work of legislation, — ^since the people only form general aims and wishes, for which it is the business of the legislative expert to supply appropriate particular rules fit to be enacted, — but that these general aims and •wishes should be regarded as paramount by a representative legislature. And certainly it would be difficult for the citizens at large to perform effectively the complicated discussion that is often required to mould a legislative scheme into the most acceptable form. Nor would it be practicable for the constituents to direct the action of the representative in every detail during such discussions ; since it would sometimes happen that compromises and modifications were suggested at the last moment, rendering any previously expressed wishes of the constituents irrelevant to the issue finally put to the vote ; while to give time for a reference to the con- stituencies in all cases would involve intolerable delay. — Sidgwkk, Elements of Politics London, i8gi, p. 53g. NOTE OX ELECTORAL REPRESENTATION. 17 electoral mind — a microcosmus of the world it would represent. The legislature of the country would become a focal center, where all the currents of national life would mingle unembittered by party feeling, where all aspirations and impulses would come into friendly contact, where the different rays of public opinion would meet under the most favorable conditions, to modify each other into a unity of expression. Among the important consequences to which a rectification of Parlia- ment as proposed, would lead, there would necessarily be a modification in the formation of the executive, and in the relation of the ministry to Parliament and the people. In order to maintain the harmonious operation of every branch of gov^ernment, the chief executive and administrative body ought to be in full unison with Parliament ; that is to say, Ministers of the Crown should have the entire confidence of the representatives of the people. As in Great Britain, we retain in the Dominion the form of Monarchy in connection with democratic principles. In all forms of government there must be a central authority, from which the national power for the time emanates ; the same holds true in this respect in a Republic as in a constitutional monarchy; it is from this source appointments to office are made, including those constituting the supreme executive. Follow- ing this principle, ministers should continue to be appointed by the representative of the Sovereign ; public policy, however, would exact that the chief advisers of the Crown should be chosen from and sup- ported by, if not actually nominated by. Parliament. We would thus secure harmonious action and obtain the needed guarantees that " the wishes and interests of the people would on all occasions be faithfully represented and guarded." The intimate relations between the Executive, Parliament and the people, between the government and the governed, would give to the chief administrative body, the greatest possible stability. It would stand as a central unit to command universal respect. The government so formed would not be greater than Parliament, it would be the executive of Prrliament to exercise all the power deputed to Parliament by the people. The executive would be supported by and be amenable to Parliament, and for the reason that Parliament would represent the whole people, the gov- ernment would rest on the broad basis of the entire nation. Thus we would establish our constitutional structure in a manner and with material .so good that it could not be easily shaken. Its foundation would consist of a great electoral body comprising the best of the mass of the community. Its superstructure, a representative body of the best of the whole body 2 18 NOTK ON ELECTORAL REPRESENTATION. of electors. Its summit, a ministerial body the choice of the represent- ative body, and from the apex of this noble political pyramid would be reflected the lustre of the Imperial Crown itself. What constitutional fixhvic could be imagined which would give greater unity, greater solidity, and greater dignity ? Many will agree with the writer that it is our duty to face the problem of our political difficulties, and make representative government in practice, what it professes to be in theory — Government of the whole by the whole. He has elsewhere submitted his views and offered suggestions as to the means of overcoming the evils of our present system. He disclaims any pretence to regard the alternative he has submitted as the only or the best solution. In recognizing the gravity of the situation, which indeed is apparent to each of us, he feels that we must, in all earnestness, try to supplement the shortcomings, and eradicate the vices, of politics ; with that view he has ventured to offer to the public the opinions he has formed, simply as a humble contribution to the consideration of a vital question in which we are all concerned. One feature of the proposal may require a word of explanation. An electoral system was suggested by which small groups of electors having identical opinions would select deputies by whom and from whom the ultimate representatives would be chosen, the design being to give every elector an equal interest in the election, and through the members elected, an equal voice in Parliament and an equal indirect share in the government. In order peacefully to overcome every obstacle and remove all possibility of friction in special cases the writer suggested falling back on the Apos- tolic method of settlement by Lot. It is not a new principle of settle- ment in matters where disputes might otherwise arise ; it was favoured by the old Greek philosophers ; it is sanctioned by the Old and New Testament ; it is employed to-day under the Danish electoral law of 1867 ; and it has been employed for centuries by the Moravians, in select- ing fit men for the ministerial office. If employed at all in any electoral system, its use should be restricted to those cases in which no decisive judgment could otherwise be formed, and invariably its use should be ex- ercised with due solemnity, if held expedient, before a court of justice. The writer has ventured to suggest, as a corollary to the proposed rectification of Parliament, that the executive council should be nomin- ated by the assembled representatives of the people. There are reasons for limiting the term of office of ministers, while at the same time there are important advantages to accrue from a continuity of administration. Both objects might be attained by an arrangement which would necessi- tate the retirement of a certain proportion of ministers by rotation each NOTE OX ELECTORAL REPRESENTATION. 19 year. They might, however, be ehgible for re-appointment. The prin- ciple of retirement by rotation may indeed be applied with advantage to Parliament itself If one-fourth or one-fifth of the representatives retired annually for re-election or to be replaced by others, Parliament would be regularly renewed from year to year, and by this means the Government and Parliament would continually be brought into direct touch with the people, and thus enabled faithfully to interpret the national mind. Bearing on the proposal to rectify Parliament, it may be confidently affirmed that the present method of electing members does not furnish a correct reflex of the national mind. If the two parties into which the country is politically divided be evenly balanced, and if at a general election one of the parties, by skilful tactics or other means, succeeds in many of the constituencies in gaining the upper hand, however slightly in each case, the opposite party may be almost excluded from repre- sentation in the assembly. How misleading, therefore, it is to assume that the majority in Parliament represents the aggregate public opinion of the nation ! and yet many are apt to do so until undeceived at the next general election by the movement of the political pendulum to the other side. The consequence of these administrative revolutions is often extremely unfortunate for the country, as each party on accession to power endeavours generally to reverse as much as it can the policy of its predecessor. This condition of unstable equilibriumj inseparable from party government, would, t is believed, be obviated, while continuity of policy, subject only to desirable modifications from time to time, would be secured by the plan suggested. Election by majorities, it is obvious, is the immediate cause of this instability. Experience everywhere goes to show that elections arc often carried by exceedingly narrow majorities, so that a compara- tive handful of electors, distributed over the constituencies, could, by reversing their votes, transfer the majority in Parliament from one party to the other, and entirely change the character of the administration. This phase of election by majorities has been examined by Mr. II. R. Droop, in a paper read before the Statistical Society in i88i, in connec- tion with the general elections of the United Kingdom of 1868, 1874, and 1880. Mr. Droop points out that in 1868 it would have been possible by the change of only 1,447 votes to have transferred 66 "Seats to opposite sides. In 1874, if but 1,269 voters had reversed their votes, 64 seats might have been changed ; and in 1880 if 1,929 electors had reversed 20 NOTE ON ELECTORAL REPRESENTATION. their votes 91 seats would have been changed from opposite party sides.* Similar illustrations of the great uncertainty, and the condition of un- stable political equilibrium which results from the system of election by majorities are common among ourselves, establishing how disturbing and unsatisfactory the system proves. We should aim to substitute for these constantly recurring violent changes a means of securing continuity of government by a more natural process. By the annual change of a proportion of the members as proposed, we would obtain a settled government, which would mould itself to the varying needs of the people ; we would, in fact, substitute government by regular evolution for government by party revolution. One of the strong arguments advanced by the advocates of party government is that by means of the party organizations an interest is stimulated among the electors in public affairs, and without this stimulant it would be difficult to get voters to go to the polls. If this argument be well founded, the difficulty might be easily overcome through the instru- mentality of properly devised machinery which would carry the polls to the electors. Such a device need not be widely different from the * While these pages are passing through the press, a general election has been held in the Province of Quebec, which affords a good illustration of the instability, inseparable from the system of election by majorities. The party until recently in power, under the leadership of Mr. Mercier, had a large majority in the assembly. The general election of March 8th, 1892, resulted as follows : — Supporters of De Boucherville . . 54 Supporters of Mercier 17 Independents 2 Total 73 An examination of all the majorities shows that it would have been possible for 804 electors dis- tributed over twenty constituencies, by reversing their votes, to have made the returns as follows : — Supporters of Mercier 37 Supporters of De Boucherville 34 Independents . . 2 Total 73 If in 32 constituencies 2,066 electors had changed their votes, the returns would have stood as follows : — Supporters of Mercier 49 Supporters of De Boucherville 22 Independents 2 Total 73 On such slight contingencies as the change of a few votes under this system the complexion of the government of a Province has been completely revolutionized. Respicc, aspice, prospice. NOTE ON ELECTORAL REPRESENTATION. 21 means employed for effecting assessment purposes, or for taking the census. Since the views of the writer on this subject have been made pubHc, he has had the advantage of examining other schemes which at differ- ent times have been proposed for improving the electoral system. It is recognized by many that the present unsatisfactory system cannot be viewed as permanent, and that it must in the end give place to some better method. Among the various proposals the electoral scheme of Mr. Thomas Hare, propounded in England in 1857 for the representation of minorities, appears to have met with the greatest favor. The late Right Honorable Henry Fawcett thus speaks of it : " It can hardly be denied that the advantages of this scheme preponderate immensely over its disadvan- tages, and these last appear insignificant compared with the disadvantages of the present system." In the writings of Mr. Fawcett published in 1873, we find a short explanation of Mr. Hare's scheme of representation. The explanation is a clear and concise exposition of the plan, reduced to its simplest elements, and is referred to in connection with Mr. Hare's treatise, by John Stuart Mill, in the following terms : " The more these works are studied, the stronger, I venture to predict, will be the impres- sion of the perfect feasibility of the scheme, and its transcendent advan- tages. Such, and so numerous are these, that in my conviction they place Mr. Hare's plan among the very greatest improvements yet made in the theory and practice of government." It is not a little remarkable that a Danish statesman, Mr. Andrae, should have arrived at the same conclusions as Mr. Hare, by a different process and from an entirely different standpoint. That the scheme is capable of practical application, must be admitted from the fact that its main features were embraced in the electoral law of Denmark passed in 1855, for the election of representatives to the Rigsraad. Mr. Andrae's method was likewise applied in if a single noble act 7 36 APPENDIX. A'^ain, party goverument, as it leads to a constant change of persons and principles in the administration, is absolutely fatal to anything like forecast or a far sighted policy, etc., etc. We return however to the point from which we started. We have hitherto gone, practically, on the theory of party government. But party principle fails us. As some think, it fails, owing to special accidents, for a time ; but as we think, it will soon fail us, if it is not already failing us, vitally and for ever. We commend the question to political philosophers as one which strongly affects the morality of puljlic life at this moment, and which is big with the most momentous issues for the future. CHECHES AND BALANCES. By Earl Russell, 1S54- " Now it appears to us that many advantages would attend the enabling the minority to have a part in these returns. In the tii'st place, there is apt to be a feeling of great soreness when a very considerable nixmber of electors, such as I have mentioned, are com- pletely shut out from a shai-e in the representation of one place. . . . But, in the next place, 1 think that the more you have your representation conlined to large population, the more ought you to take care that there should be some kind of balance, and that the large places sending members to the House should send those who represent the commiinity at laige. But when there is a very large body excluded, it cannot be said tha,t the communitj^ at large is fairly represented. " HARE ON REPRESENTATIVES," 1857. A Resumi hy John Francis Waters, M.A., 1892. The three words heading this article form the short title of an excellent work, namely, " A Treatise on the Election of Representatives, Parliamentary and Municipal," by Thomas Hare, Esq., Barrister-at-Law, published in 1859, in London, by Longmans, Brown, Green, Longmans & Roberts. This work has been reviewed by many persons of distinction, and an excellent synopsis of Mr. Hare's scheme of representation has been given by Millicent Garrett Fawcett, wife of Henry Fawcett, M.P. , so well known as Professor of Political Economy in the University of Cambridge. Mr. Hare has for his great object to remove the anomalies, absurdities, and tyrannies of the present method of electing members of Parliament and municipal representa- tives by giving to each elector a direct, equal and ]3ersonal representation in Parliament. Of course this does not mean that every elector is to represent himself in Parliament, for then Parliament would be but another name for the adult male population of the realm ; but it means that every elector should feel that his vote has done a real substantial good by placing in Parliament some man who shall be the honest exponent of the elector's honest views. In following in the footsteps of the distinguished persons who have written more or less exhaustively about Mr. Hare's scheme, and given compressed reports upon it, it is to be premised that in the limits at my disposal no more can be done than to give an outline of the main shape and symmetry of the plan. The writer cannot therefore enter as fully as HARE ON REPRESENTATIVES. 37 he would wish into the analysis of the admirable statement by which Mr. Hare justifies the assumption that our pi-esent methods of parliamentary and municipal elections are faulty, unjust, and even ridiculous. It may be asked here, ' ' Is not the direct, equal and personal representation of every elector guaranteed by the present systen ? " The best reply to this is to state very briefly the substance of Mr. Hare's w'ords on this point : — He shows what must be apparent to any one who gives the matter five minutes' con- sideration, that a system like ours which permits the nation to be practically governed by a handful, to the total ostracism of the wishes aiul representation of practically half the com- munity, cannot be other than radically wrong. Thus, to make matters plainer by an illus- tration at home, let us look at the result in Canada of our system of parliamentary elections. Successive contests have shewn that the Liberals in Canada form not far from half the popu- lation. But what share have they in the government of the country as long as the Conserva- tives, by a slight plurality, have entire control of the Treasurj'^ Benches? Therefore, every elector who cast a vote for a Liberal candidate practically wasted it, and really has no repre- sentation in Parliament, since the Liberals in Parliament, with things as they are, have no voice effective in moulding the destinies of the nation. Again, there are thousands of persons interested in special subjects of legislation apart from the moi-e or less well-defined issues separating Grit and Tory ; but those persons are perfectly well aware that, as things are, a vote given for any other than the regular party candidate is utterlj' wasted, since nobody refusing to ally himself with one or the other great political party has any chance of gaining a seat in the House of Commons. The votes, then, of a certain number of Liberal electors are not wasted in one sense since, according to the majority system which prevails, they do succeed in returning a certain number of members to serve in the Commons ; but their votes are really wasted in this sense, that these members, being in the minority in the Connuons, have no power whatever to give effect to the wishes of their constituents One of the absurdities of the present system is perhaps best illustrated by an example. Let us suppose that ten candidates seek the suffrages of a constituency or pocket borough which has fifty voters ; every candidate except one would receive five votes, let us suppose, but one would receive six votes ; ho would, therefore, be elected to represent the borough, that is to say, he represents really six voters, while forty-four are left out in the cold whollj'^ unrepresented. This, of course, is an extreme case, but it shows as well as any other the state of affairs exist- ing under our present system in which there is hardly any provision for the representation of minorities. Even the feeble attempt made by Mr. Mowat for minority representation in Toronto has been the subject of unending ridicule and unjust accusation. But really the Premier of Ontario, by preventing voters from marking a ballot for more than two of the three candidates for the Local Legislature has done no more tlian secure representation for the large Reform minority in the City of Toronto, which otherwise would be left without a voice in the conduct of public affairs. Mr. Hare's scheme is emphatic in providing tliat every elector shall have no more votes than one, l)ecau8e Parliament could not become what he wishes it to become, " the mirror of the nation," unless tiie voting power of every elector weie e()ual. I'mler the present rei/inif a man may vote in every constituency in wliich he has a property qualification. A radical diflurence between Mr. Hare's plan of voting and that in vogue is that, by an elaborate system which he claims, however, to bo quite workable, a voter should have permi.ssion, if the candidates in his own constituency did not suit liini, to vote for candidates according to his clioice in anotlicr constituency. Cantlidatts, tliere- fore, of a kind to poll votes from constituencies in dilFerent parts of tlie realm, and who could not be correctly described as candidates for any particular constituency, miglit l)e classed as " all Eiiglanil " <:andidateM. It is well-known tiiat under our present system a candidate often receives an enorniouH plurality over an opponent less distinguished. Mr. Hare's idea is that a quota of votes necessary to secure the election of a member should bo established, and that no canilidate sliould receive more than the rccjuired innnl)er. It wouhl be ol)jecte Edmund Burke, Calhoun, Passow^ and others. It may not be amiss in this connection to say a word or two about the excellence of his own diction ; — he has a style well suited to the exigencies of historical and political essay writing, a style remarkably clear and free, never heavy or ponderous, but also never light or frivolous. It is grave without being severe, and dignified without being bombastic : always interesting —a matter difiiicult of attainment when treating of a subject regarded by most people as dry and uninviting — he has a happy faculty of blending information with philosophical reflection and of clothing his facts with language not unworthy of the diction of historical romance. Perhaps one cannot take a better specimen of his style than his description of London ; — "Of what," he asks, "does the Metropolis consist? It contains the abode of the sovereign, and of the regal house and household, and of all who compose the court and council of the Queen. It contains the mansions of an ancient and powerful nobility, and their numerous connexions and dependents. In it are all the chief military and civil depart- ments of the army, the navy, the ordnance, and the control of their vast equipments ; the public treasury, the mint, and the immense ofl&ces which are concerned with the receipt of the revenues of the kingdom from foreign and inland trade, and all the subjects of taxation, and for the appropriation and liquidation of the principal and interest of a puljlic debt equal in amount to the value of the fee simple of the dominions of some not insignificant monarchs, — and with the collection and audit of the public accounts of the empire. In the metropolis are the chief stewardships of the great estates of the Crown and itj palatinates. DANISH ELECTORAL LAW. 41 lu it reside all the functionaries connected with the Imperial Parliament, — the secretaries, councils, and otficers, engaged in communication between the Government and its depen- dencies, — the Canadas, Australasia, Africa, and the Indies, — and with foreign nations. In it are the immense establishments of the General Post Office, the great triumph of ci%alization, — sowing daily and hourly, with its thousand hands, the seeds of public and private intelli- gence gathered from every part of the habitable globe. In the Metropolis ai'e the seats of the Courts of Equity and Law, and to it are brought all appeals in the last resort, from every territory and colony. Here reside the Bar, and the other jjrofessors of legal science con- cerned in the supreme administration of justice, and in the settlement and transfer of most of the great properties in the kingdom. In this detail is comprehended but a few of the multitude of conditions aud occupations engaged in the affairs of the Empire. There are classes almost beyond the possibility of recapitulation, — merchants, shipowners, brokers, manufacturers of an infinite variety of fabrics, — traders, capitalists composed of companies and individuals, having ramifications of business with every port, inland town, market, and village. Here are associations, academies, aud museums, for the promotion of learning and science in ail their developments. Ireland sends its brilliant imagination and its romantic bravery ; Scotland its keen intellect and its untiring perseverance. The metropolis attracts to itself much that the kingdom produces of high talent or superior energy, it gathers together the diversities of gifts with which nature endows her most favoured sons. Here the learning of Johnson, the erudition aud wisdom of Burke, the genius of Reynolds, of Lawrence, of Flaxman, and Chantrey, found their home. Here the eloquence of Erskine, of Copley, and of Brougham, had their appropriate theatre. . . . From the metiopolis flows that comprehensive literature, the seemingly ever-increasing and inexhaustible stores of which are daily poured forth in article and volume, to feed and guide the realm of thought. Foreigners should behold in the representation of this mighty community a condensed picture of the greatness of our country, and be compelled to recognize in it a triumphant display of the dignity and virtue of its institutions." These words of Mr. Hare, and not least his closing allusion to metropolitan representation, should stimulate us all in carrying on the great work of improving our system of electing parliamentary and municipal representatives, looking upcm it as a veritable "labour of love," because a labour of patriotism. For patriotism is based on love ; for which we have the authority of the great Passow, who, speaking of it, saj's, : — "It must rest like every other kind of love on something unutterable and incomprehensible." THE DANISH ELECTORAL LAW OF 1855. Bij the kite Lord Lytton, then Mr. Lytton, Secretary of Le diminish its value as a pi-actical example. Finally, 1 shall endeavor to record what, so far as I can yet judge, from such conversations as I have been able to hold with persons of intelligence and imjjartiality, interested in the subject, is the general impression in this couutrj', after eight years' experience, of the practical effects of the electoral system devised by Mr. Andrae, and how far the result of it may be considered as having satisfied the intentions of the author. I. Notwithstanding the length of time during which Representative Government has existed under various forms, it is not surprising that the majority of questions concerning government by representation should still be open to debate ; for the conclusion to be formed upon any question of this kind must always be in relation to circumstances peculiar to the country in respect of which the question has to be solved. But in regard to the fundamental principle upon which all government by representation is based, and to the complete reali- zation of which every form of Representative Government must approximate, in a greater or less degree according as the development of it is favoured or impeded by local circumstances, thei-e M'ould seem to be no reasonable ground for difference of opinion. It has been admitted on all sides that the completest form of Representative Government must be that in which the greatest number of interests and opinions are completely represented ; that form of government, in short, which most nearly approximates to the government of the whole by the whole. But by those who have arrived at the conclusions which have dictated, in the one case Mr. Hare's electoral scheme, in the other Mr. Andrae's electoral law, it is argued that such a i-esult is incompatible with any system of representation which tends to assume the part as tantamount to the whole ; in other words, to confound the majority with the people. If, it is argued, the representatives of the majority be suffered by a political fiction to represent more than the majority, not only an arithmetical misstatement, but also a great jjolitical injustice, takes place. For the minority is then not merely unrepresented, but it is actually misrepresented. It is compulsorily incorporated into the majority ; and this forced fellowship is, to use the words of Mr. Burke, "conquest and not comiDact." If it were possible to suppose (what is never the case) that the whole of a country were, indeed, divided into only two sections of opinion, of which one was more numerous than the other in the proportion of three to two, the minority in that case, adequately represented, would stand in the representation at a proportion of two to three ; but if it should occur, as it naturally would occur without some provision to the contrary, that the majority in each constituency were to dispose of the entire representation of that constituency to a member of the more numerous class, instead of thei'e being in the Legislature two of the less numerous to every three of the more numerous sect, the minority would, in fact, have no means of meeting their adversaries in the Legislative Body at all. "They are," says Mr. Hare, "previously cut off in detail ; " and in qualifj'ing such a result, he cites the authority of M. Guizot, " Si la minorite est d'avance hors de combat il y a oppressiop." But the evil, it is further argued, does not stop here. For all customary majorities are, indeed, only an agglomeration of minorities, each of which, rather than remain altogether unrepresented, has preferred to secure a sort of partial and collateral representation as part of an aggregate, which coheres only, perhaps, upon a single and often secondary point. The DANISH ELECTORAL LAW. 43 majority is thus onlj^ a majority of a majoritj^ "who may be," says Mr. Mill, "and often are, a minority of the whole." "Any Minority," he adds, " left out, either purposely or by the play of the machinery, gives the power, not to a majority, but to a minority in some other 2)art of the scale. " And, although this inequality is, no doubt balanced to a great extent, in a system of representation such as that which obtains in England, by the fact that opinions, predomin- ating in different jilaces, tind rough equivalents for the minorit}^ with wliich thej' are swept away in one place bj^ the majority they secure in another ; yet, if the suffrage were to be extended much further (and it cannot be considered as final at a point which leaves out of direct representation the most numerous class in the country), the danger which, under the present sj'stem, must then arise of government by a single (and that, on the whole, the least educated) class has long been apparent to statesmen of all parties. At the same time it would be palpably unjust and humiliating to advocate the permanent exclusion of this numerous and important class from all direct representation, on no better grounds than those which involve the admission that the whole representative machinery of the country is coustructetained ; i)ut the greater the unanimity the greater the mischief, if it be only a unanimous submission to "Hobson's choice — this or none : " and when this is the case, it may be truly said of the majorities tliemselves, ' The indirect election of members to the Rigsraad Ijj- the local legislative bodies is, however, coiKhuted iipon the principle, ntid in conformity with the stipulations, of Mr. Andrae 'h Electoral law. This should be home in mind. 46 APPENDIX. " (lominationis in alios servitium suum mercedem dant," — "they are content to pay so great a price as their own servitude to purchase the dominatiou over others." ^ For in order to secure unanimity in the choice of the majority, it is previously necessary for the majority itself to abdicate individual action on the part of its own members, Men are more likely to admit unanimity in their passions and prejudices than in their sober judgments : and the candidate thus selected may perhaps represent only a selfish compromise between narrow interests and petty animosities. When this happens majorities, indeed, may show their power by con- verting a bad candidate into a worse representative, but in doing so they will have also shown that their power is incompatible with their freedom ; and that may be said of them wliich Socrates is supposed to say to Polus in the Gorgias, when speaking of other tyrannies, " They do not do what they wish, although they do what they please." But, on the other hand, it is undoubtedly true that all political action necessitates a compromise between opinions in matters of minor import. The absence of this compromise is anarchy It is only when the compromise is compulsory, instead of spontaneous, that it can be called tyranny. For the foundation of all society is confidence in others. All human creeds must originate in faith of some sort, and men can do nothing without taking something on trust. In the public business of life, individual action will always be guided and controlled by collective opinion ; and, practically, the opinion of the many is controlled and guided by the wisdom of the few. Every man has a right to think and choose for himself ; but all men are not equally able to think and choose well, or equally disposed to think and choose at all ; so that, as long as there exists in the world that discreet deference to the judg- ment and that wholesome confidence in the character of others without which political com- bination is impossible, no conceivable electoral system will prevent the choice of constitu- encies from being greatly influenced by the bias of those local notables who, by personal capacity or social position, are fitted to guide the conduct of their neighbours. The object of Mr. Andrae's Electoral Law is, not to annihilate this controlling power, but, on the contrary, to give the amplest scope to its natural operation, by relieving it from the crippling circum- scription of arbitrary conditions. Thus, the constituent who demurs to "Hobson's choice," is ensured every reasonable facility for bringing forward the cantlidate he prefers withou- pecuniary sacrifice and without incurring that social martyrdom which, in such cases, some- times seems to justify an assertion of Machiavelli's (whose experience of uncontrolled and triumphant majorities was certainly as great as it was bitter) that, "he who deviates from the common course and endeavors to act as duty dictates, insures his own destruction." By enlarging the scope of the voter's choice, moreover, you elevate the quality of his judgment. When he is free to choose whom he will, not constrained to choose merely whom he must, it is probable that if he gives the preference to a person from his own immediate neighborhood, the person thus preferred will be, not simply the slavish nominee of a perhaps insignificant but petulant party, but a man whom the voter regards with affectionate confidence and respect. Surely it would be unwise to extinguish (even were it possible) those kindly influences which infuse into the public life and spirit of a nation the enthusiasm of local affections, whether they be embodied in a respect for noble names and illustrious houses, or in the grateful recognition of those good deeds which not seldom associate a particular family with a particular neighbourhood. But is it not rather the local demagogues than the real local aristoi who would have anything to fear from the most extended com- petition with intelligence and virtue ? In any case, if the voter, by confining his vote to a single candidate, be exposed to the risk of diminishing its value without thereby benefiting the object of his special preference, it is to be presumed that he will extend the scope of his judgment and his sympathies, and provide for those contemplated contingencies in which his countrymen elsewhere may benefit by the exercise of his franchise. In doing so he will have to look further and think more carefully. It is probable that he will select the other objects 1 Cowley, "Essay on Liberty." DANISH ELECTORAL LAW. 47 of his choice from men of eminence and distinction ; because those who are neither eminent nor distinguished cannot then be arbitrarily thrust upon his notice. The voter who does this will elevate his own character and class ; and if the whole class of voters do this, the whole class of candidates will be improved. In the next place, it is no doubt intended by the clauses above mentioned to withdraw from the voter every reasonable excuse for disregarding and neglecting the duty of exercising his franchise, as well as to provide for him every reasonable inducement to perform that duty with the most serious reflection, and to the fullest possible extent. A further consideration here suggests itself in regard to the relations to be maintained between constituencies and Representatives. Representation has so strong a tendency to dwindle into delegation, that it can only be restrained from doing so, either by great modera- tion on the part of the masses, or else by great elevation of character on the part of the Representative class. These two restraining forces react, and depend upon each other. In proportion as the character of the Representative class is high-minded and scrupulous, it is presumed that the confidence reposed in it by the constituencies will be great ; but, in pro- portion as the freedom of the Representative is cramped and his responsibility impoverished by the exaction, on the part of his constituents, of exorbitant and vexatious pledges, the gene- ral character of the Representative class will be low and subser\'ient, and the confidence it can command will be consequently small. In short, in this, as in all other matters of exchange, the quality and amount of the demand will regulate the quality and amount of the supply. When pledges are recklessly exacted, adventurers will always be found recklessly ready to accept them ; when the character of the compact is mistrustful, the character of those that undertake it will be untrustworthy. In America, the House of Representatives has long been, virtually, a House of Delegates, wherein the fate of almost every measui-e is decided before the opening of the Session, and the majority of speeches made are addressed not to the conviction of the House, but to the passions and prejudices of the constituencies who have sent its members to sit in political fetters. The solemn responsibihty of legislation is thus remitted by those on whose jjart it is a public duty to those on whose part it is only a mischievous assumjjtion. For the nation can impeach its representatives by the voice of its constituencies ; but to whom are the constituencies practically accountable ? The danger of thi.s is in the fact that the intellect and conscience of the nation are not adequately represented in the national puljlic life ; and the vertlict of this intellect and conscience, which must ulti- mately be heard, not having been provided with any constitutional expression, can only find utterance in revolution. The Long Parliament could not have been swept away by a gesture of Cromwell's if the head and heart of the nation had been in that body. The temple which enshrines a constitution cannot long escape from destruction when it begins to be muttered about outside the walls of it, that "the gods are departing." In England the high moral and intellectual standard of the representative class is powerfully promoted and sustained by the unremunerated character of its service ; but under those continental systems of represent- ation in which the representative body is paid by the State, the danger alluded to is not insignificant. Not only, however, is it the object, but I am satisfied that it is also the result of Mr. Andrae's electoral system (so far as that system has l)eeu applied) to facilitate the introduction into the National Legislature of the greatest amount of iiitelligenco and high character, and to hinder the entrance of a great amount of ignorance and passion. I .am disposed to think that, on the wiiole, this system in its practical result attains many of the objects of an educational franchise, without invalidating the salutary iiitlueiice of property. Two other results are involved in the arrangements of this law as concerning the qucHtion of personal canvass. It is undoubtedly to be desired that every facility should exi.^t for free personal intercourse and intercliange of rtpiriiou between candidates and voters, ami it IS not to be desired that the candidate shoulil l)e to tiie voter not a man, but merely a name, an abstraction. Whether, however, it be nut possible to provide for tliia reasonable 48 APPENDIX. and necessary intercourse withoub exposing it to the possible degradation of degenerating into one of barter and beggary, is a question worthy of consideration. A writer, who was not the least distinguished of Milton's contemporaries, has exclaimed, " To what pitiful baseness did the noblest Romans submit themselves for the obtaining of a Praetorship, or the Consular dignity ! They put on the habit of supplicants and ran about on foot, and in dirt, through all the tribes to beg voices ; they flattered the poorest artizans, and carried a nomenclator with them to whisper in their ear every man's name, lest they should mistake it in their salutation ; they shook the hand and kissed the cheek of every popular tradesman ; they stood all day at every market in the public places to show and ingratiate themselves to the rout ; they employed all their friends to solicit for them ; they kept open tables in every street ; they distributed wine, and bread, and money even to the vilest of the people. ' ' £u Eomanos rerum dominos ! — Behold the masters of the world begging from door to door ! " Might not these words receive with justice a more modern application ? Whether, how"ever, the personal canvass be a good thing or a bad thing, according to this Electoral Law of Mr. Andi-ae it is quite out of the question. And with the personal canvass also disappears a very influential personage intimately connected therewith, viz., the electioneering agent. How far the complete efFacement from the electoral dramatis personae of this important but costly character is a result to be admired or condemned, involves a question which will be best answered by those who have had personal experience of the part he plays, both in connection with the pockets of candidates and the morals of voters. Finally, it appears to be the intention of this law to increase the sense of individual responsibility in mattei's of public trust ; to place the conscience of each voter in his own keeping and to take it out of the hands of those careless investors of other men's moral capi- tal who flourish in all large communities and who appear to consider themselves a sort of joint-stock company for conscience, with limited liability. Moreover, it may be said that this law is, in its tendency, a civilizing law — for civilization is the parent of variety in opinions ; and it is the intention of this law to provide, not only the amplest expression for all varieties of opinion, but also to utilize to the utmost all manner of ways and means provided by the kindly providence of civilization for the formation of these wholesome varieties. That these intentions are wise and good will hardly be denied. The only practical ques- tions that remain are, first, whether these intentions are fully realized by the mechanical operation of the law. ****** Other and perhaps yet more important considerations, however, are involved in the questions of what are its political results in this country, and how far it may be applicable to other European communities. These considerations are hardly within the province to which the present remarks must be confined ; for they raise an infinite number of collateral and secondary inquiries, which can- not be followed out without bringing the inquirer into a disquisition upon the necessity and value of government by party, as well as upon the nature of the various answers which may be returned to the paramount practical question of, " How is the Queen's Government to be carried on ?" I may mention, however, that on lately referring to some of these topics in conversation with a Danish gentleman well acquainted with the political life of this country, I was assured that, in the discussion and settlement of great public questions by the Supreme Council of the realm, no disinclination is found to exist upon the part of representative minorities to combine and concur in the formation of a judicial majority for the decision of what is expedi- ent. MISREPRESENTATION. 49 I may also mention that I have been assured bj^ Mr. Andrae that, in his opinion, the general standard of representative character supplied by this law is the best and highest in the country ; and that, although he does not consider that a sufficient time has elapsed whereby to test the effects of the law upon the constituencies themselves, he is nevertlieless of opinion that, under its operation, the character of the voter as a class has improved and is improving. I have every reason to believe, moreover, that bribery is almost unknown to the constituencies for the Eigsraad. It appears to me, however, that the permission contained in clause 18 of Mr. Andrae's Law, and which equally appears in Mr. Hare's scheme — to fill up the voting paper in private— might, under very conceivable circumstances, facilitate intimidation. A full and complete investigation into the character and operation of this law is a task which I should rejoice to see assumed by some person of known impartiality, capacity and experience. For, whatever may be the character or the consequence of the law, I venture to think that its existence is one of the most remarkable events in the history of representative institutions. FAIR REPRESENTATION. From a Speech, by Lord She.rhrool-e 1S67. . . . There was nothing more worthy of the attention of statesmen in the new state of affairs than anything which would have the tendency to prevent that violent oscillation which they now witnessed. What happened in the United States ? The minority of thousands might as well not exist at all. It is absolutely ignored. Was their country (England) in like manner to be formed into two hostile camps, debarred from each other in two solid and compact bodies? Or were they to have that shading-off of opinion, that modulation of extremes, and mellowing and ripening of right principles, which are among the surest characteristics of a free country, the true secrets of political dynamics, and the true preservatives of a great nation ? He said, then, that what he proposed to the House was in itself just, equal, and fair, founded on no undue and unfair attempt to give a minority an advantage they were not entitled to exercise, and that it was peculiarly applicable to tlie state of things on which they were entering. MISREPRESENTATION. From the Fortnightly Review, Vol. VIII., iSyo. " It is evident that it is at least as important that a constituency Ixj not misrepresented ;is that it be represented. A voter's no, therefore, is as important an element in determining his preference as his yes. Hitherto we have entirely ignored this negative element ; and no doubt our habitual indiflerence to principles will prompt us still to ignore it, and lo he content with our ol'l one-sided system, unless it be shown that scri(ju8 evils must inevit.ibly result from .such a course. I propose to .show that one of the most excellent reforms about to be made in our electoral procedure — that of keeping the ])rogress of a contest secret tluring the polling— will lead to the introduction of one of the worst features of American politics, unless special means of pre- vention be adopted. 4 50 APPENDIX. " It is obvious that in all countries in which political feeling runs high, and different parties- divide tiie suffrages of electors, there will always be a demand for organisation within each party for the purpose of advancing its interests. To a certain extent such organisations are necessary and beneficial ; but there is a point at which their activity becomes little else than a mischievous nuisance. The action of a committee is often necessary to promote unity, and to secure the victory even of the strongest party, and the election of the best or most favourite candidate. But when such functions become the sport of mere "wire-pullers" and "caucuses," and the suffrages of parties are demandetl for inferior candidates, nominated for venal motives by venal men, and electors have no choice but to vote for such candidates or to see their party beaten altogether, then the organisation sinks from its original design and use, and becomes an intoler- able evil. To such a height has this evil attained in the United States that " there is now absolutely no choice of representatives, strictly speaking, by the people. Nominations are either bought or obtained by personal or party influence. The whippers-in have full control, and intelligent public opinion has little to do with the result." POLITICAL PARTIES AND POLITICIANS. From " The American System of Government," by Ezra 0. Seaman, 1870. It is idle to talk about principles, without proper men, and men of principle, to cai'ry them into effect. It is very unwise and dangerous, to elect seltish and corrupt men, to carry into effect good principles, and wise policies. The conclusion is obvious — that there is no good reason for maintaining permanent party organizations in our country, or in any country ; and that there is no propriety in tloing so. All political parties should be temporary and changeable — based upon the questions and issues of the day, and upon the opinions of voters of the relative merits of the candidates for President of the United States, for Gover- nors of States, and other high offices. So far as political parties and the lines of division between them are produced by differ- ences of opinion in relation to the principles, policies, and measures of government, they will be as permanent as the causes and issues upon which they are based ; and they should be no more so, and should pass away with the causes which produced them. Parties should not be based upon mere abstract principles, which have no direct practical bearing ; nor upon dead issues which have passed by, and are of no practical importance ; nor should they be sustained and made permanent by organization, party machinery, and party creeds, to pro- mote the election and aggrandizement of party leaders, — regardless of the public good. The mode of representation and the system of elections in the United States, are both very imperfect and defective. The former is defective, in giving the entire representation and power to majorities, and practically disfranchising minorities, — by allowing them no representation, and no voice in the government : and the latter is defective in omitting to provide any mode of selecting candidates for office, to be voted for by the electors at popular elections. In theory, we have a popular government, in which the masses of the people select their own rulers ; but owing to the defects of its organization, system of representation and mode of electing officers, the practice is very different from the theory. Officers to be elected by the peoi>le are not selected by any considerable number of the voters, but by the dominant faction or clique of the dominant party — by whom and their associates in nominating conventions, they are presented to the people, to be by them confirmed by formal vote — the masses of the voters having no choice, except between two POLITICAL PARTIES AND POLITICTAXS. 51 sets of nominees, presented for their sutfrages, by partisan conventions. In nine eases out of ten, a mere choice of evils is presented to a large portion of the voters, — the candidates of neither party being such as they would have preferred. Though nominally a popular government, controlled bj- the voice of the people, practic- ally our government has degenerated into an oligarchy of the leaders of the dominant clique or coterie, of the dominant party of the day ; and the people act a very subordinate part, even in the election of their own representatives — a majority of them merely ratifying and confirming the nominations made, and supporting the measures and policies prep.ired by the party oligarchy — while the minority look on and have no substantial voice or participation in the government. Party organizations and the party character of our government, have been in the process of development gradualW, during a period of nearly fifty years — ever since the inauguration of the State and national, as well as local nominating conventions, the adoption of party creeds and platforms, and the election of Presidential electors by the people — by general ticket. The theory of the government is, that it is a representative government — in which all the adult male citizens, (with few exceptions) are equally and fairlj-^ represented, by men of their own choice, and through their representatives have a voice in legislation, and in the govern- ment of the country — making it in some measure a self-government ; a government of the wh:ile people, by the people themselves. But in practice, under our defective electoral system, the majority of the voters in each electoral district elect all the representatives, and the minority none — whereby the minority are unrepresented, and practicallj' disfranchised, have no voice in the government, and no one to represent, advocate or defend, their sjjecial interests and rights. It is the characteristic of zealous political partisans, to look at every measure presented, and at every political or national question, from the standpoint of their party ; and to see it and examine it on one side only. With the eyes of the understanding nearly closed, they listen to the argiuueuts of their opponents — not for the purpose of learning what truth they may contain, and what weight should be given to them ; but for the purpose of finding defects in them, or what they may distort and make appear erroneous — in order to destroy their influence. Being accustomed to hear the merits of their own party extolled, and its principles, policies, and measures held up to view as tending to promote the best interests of the country, and the general welfare of the people ; and accustomed to hear the op[)osito party and its principles and policies reviled — as tending to evil, and to evil only,- political partisans usually take one-sided and partial views of all questions and measures of a political or public nature. They seldom view a question in all its aspects and bearings ; and lience they get only partial and imperfect views, and in their reasoning upon them, they necessarily arrive at conclusions more or less erroneous. They often become imbued with enthusiasm in relation to the merits of their own party and party creed, and inclined to attribute all the pro.Hperity of the country to it^ principles, policies, ami measures. They can see no good in the other party — either in itsjjrinciples or its policies, — its leaders or its measures. The first object of many partisan legislators, is to promote the success and secure tlic a.scendency of their party, 'i'o promote the general gooil ami welfare of the country, and of the whole ])eople, is with them a secondary consideration — lieiiig regarded by thini r.itlier as a means of promoting the success of their party, than as the proposed end and object of their legislative action. The tendency of party spirit is to tolerate no man as a leader, who is not blind to the faults of his own party, and to the merits of his opponents. -Men of nound understandings, who look at both sides of political questions and judge fairly and impartially of their merits, soon lose the confidence of violent partisans, are distrusted by them, and no longer recog- nized as leaord Cairns had been taught by the party system to hate Englishmen of the opposite i>arty more than he loved England? Did not Lord Derby, when he look his tremendous 'leap in the dark,' by carrying an extension of the suffrage, which, whether 56 APPENDIX. , expedient or not in itself, was contrary to all the avowed principles of his party, and which he must have believed to be fraught with the utmost peril to his country, find comfort in the retlection that he had 'dished the Whigs?' And would not the Whigs have sacrificed the public good with equal facility for the satisfaction of dishing Lord Derby ? "In France parly government was introduced with constitutional monarchy, on the restoration of the Bourbons, and reintroduced with the constitutional dynasty of Louis Philippe. There again it bred corruption, (the Government multiplying offices for corrupt purposes, till, under Louis Philippe, the number of officers actually exceeded the number of electors, ) and not only corruption, but, as the fury of the factions increased, civil war and political ruin. Trans- ported with hatrad of his rival Guizot, Thiers, himself an adherent of constitutional monarchy, headed the n ovement which overthrew the constitutional throne. " It is needless to show how corruption has attended party government in the United States. But it is equally certain that the spirit engendered by the struggle of the two factions for place contributed in no small degree to prepare the way for the civil war : and if any one feels assured that the possibilities of such calamities in the United States are exhausted, he reads the situation with different eyes from ours. " As we have said before, in England party has at least an intelligible basis, and one which may determine the allegiance of a reasonable man and a lover of his country, inasmuch as the great conflict between aristocratic and democratic principles of government, carried on for so many years and with so many vicissitudes, is not yet closed. But in Canada, since the establish- ment of Responsible Government and religious equality, party has had no intelligible basis ; it has been faction and nothing else. In all the speeches and manifestoes of the party leaders during the late contest, it was impossible to discover any principle which could form a per- manent line of demarcation. There were reminiscences of a political past, before the concession of responsible government, when principles were really at stake ; but as regards the present, there were only administrative questions, such as that of the Pacific Railway, which, however important at the time, cannot furnish permanent articles of party faith. Saving such questions, we had nothing but vague though vehement assertions of the necessity of party government, and of the impracticable and visionary character of all who looked beyond it. British institutions, we were told, could not be carried on without party. If by British institutions is meant party government, the proposttion is indisputable, though not profound ; but if it is meant that we cannot possibly have representative assemblies, self-taxation and trial by jury, without putting up the government periodically as the prize of a faction fight, the proposition agrees neither with reason nor with facts. Again, it was laid down that party was necessary because God had so constituted us as to think differently on most subjects. We imagined that God had so con- stituted us as to think alike on all subjects, truth being one, and our faculties being the same ; and that difference of opinion arose from error on one side, or both, which further investigation and discussion would in the end remove. Such has been the case in science and in all rational inquiry. But it seems that in politics Providence has made half the community incapable of ever arriving at truth, in order that there may always be a Parliamentary Opposition. A Ministerial orator avowed his theoretical belief in party, and in the necessity of having a body of ' astute and able men ' as an Opposition, to criticize and control the Government ; but afterwards, coming to parties in Canada, he laid it down that there ought to be only two — one, that of patriots like himself, at once in the best sense Conservative and Reforming, carrying on the government in the highest interest of the whole nation ; the other that of ' Independents, ' 'Annexationists,' and other infamous and disloyal persons, making it their business to 'paralyse ' the government and prevent it from promoting the union and prosperity of the country. So that half, or nearly half, of the community are to be always disloyal, enemies of the nation, and devoted to the malignant work of paralysing the efforts of a Government which is labouring successfully for the public good. This is to be the basis of our political system for ever ! " On no subject but politics are such absurdities now current. But in former days the scientific world was divided into factions which throttled each other as the political factions do POLITICAL CORHUPTION". 57 now. Perha] s, if lucrative offices had been the prize of the conflict, we should still have the parties of Nominalists and Realists wrestling over a psychological question which has long since been settled by mental science, and consigned to the grave of the Middle Ages. . . . " In the old country, which we affectionately but somewhat unreflectingly imitate in spite of the great diflference of our circumstances, party government, we repeat, has at least a rational and moral basis. It has also, to temper its evils, antidotes which are wanting here. In England there is a strong and settled public opinion which restrains the excesses of the party chiefs ; there is a great body of independent wealth and intelligence which, though it may to a certain extent belong to the parties, belongs more to the country ; there is a corp- of public men whose tenure of their places in Parliament is practically assured to them for life, and who are deeply imbued with traditions of government, which amidst all their rivalries, they continue to respect ; there are the grave experiences and heavy burdens of an old country, which impose, even on the most unscrupulous, a prudence unknown to political adventurers gambling with the virgin resources of a. young nation ; there is a great Civil Service, which fortunate accident has combined with wisdom to place outside party, and which carries on the ordinary administration of the country almost independently of the party chiefs who form the Cabinet; there is a press in which, though there are plenty of organists and Bohemians ; there are also a great many independent writers on politics of the best kind, furnished in many instances by the numerous fellow-ships of the great universities, which thus exercise, in their way, a critical and corrective power. And yet, even in the old country, how superior to all mere party governments was the government of Sir Robert Peel during that brief hour for which faction permitted him to rule, in some measure, as the Minister of the nation ! How mournfully did the hearts of the people follow the retirement, how anxiously did they expect the return, of the one statesman who aspired to i-ule, not for a faction, but for the country ! " A party government is essentially a weak government. It cannot venture to offend or estrange any one who commands votes. It is unable to grapple with the selfishness of local interests, sections, rings — the perpetual enemies of the common weal. It cannot even give its attention steadily to its proper work. The greater part of its energies is devoted to the main- tenance of its own existence against the attacks of the Opposition — the smaller part to the public service. It can contain only half the leading statesmen of the country, while the faculties of the other half are devoted to obstructing and paralyzing the conduct of affairs. Probably it will not contain the greatest administrators of all ; since the temper of the great administrator is peculiarly alien to the narrowness of faction. . . . " But the system of government Ijy organized factions is a process by which the most unprincipled members of the community are almost infallibly selected as the holders of power, and as cynosures for the imitation of the community at large. It may safely be said, that no rational being would have thought of instituting such a system if he had not been misled by false examples and blind adlicrence to tradition. " It would probably be a further improvement if the election of members for the Dominion Parliament were vested in the Provincial Parliaments, as that of the American Senate is in the .State Legislatures. This would at once settle the relations between the local and central Assemblies, and bind them together in a united whole. It would spare the country one set of pojjular elections without derogating from the electoral supremacy of the people. It woultl, probablj-, act in some measure as an antidote to localism in the choice of representatives, llie preval- ence of which has ruined the character of the representation in the United Slates, and to which there is a marked tendency here. The standard of I'Lnglish statesmanshi]) has been hitherto maintained by keeping the representation national, and freely electing eminent men to seats for constituencies with which they have no local connection, as in the case of the present Premier, and in those of Lord Palmerston and Canning before him. Of late the House of Commons has been invaded to a formidable extent by ' locals,' and the consequence has been such a falling off in ability that, when the present leaders go, it is difficult to say who will take their places. I 58 APPENDIX. mi"-ht fliirly he hoped that in elections to the Dominion Parliament, conducted in the manner here siitji^ested, by the menibcrs of the Provincial Parliaments, exercising their electoral power as a trust in presence of the people of the province, while mere wealth would generally prevail, room might sometimes be found for capacity, and that a sufficient succession of statesmen might be provided for the government of the nation. It may perhaps be thought by some that statesmanship has become unnecessary, and that we can get along very well with a Parliament of opulent gentlemen, who subscribe liberally to local objects, and give picnics to their constituents. Those who have studied with attention the critical changes which are now going on in the whole tissue of society, religious, moral, social and industrial, will probably be of a different opinion. "There is nothing cloudy or chimerical in the proposal to substitute legal elections for faction, as the mode of selecting the Executive Council out of the Legislature. It is a definite remedy for a specific disease, a remedy for which is urgently needed, and being perfectly feasible in itself, it is a fit subject for practical consideration. That which is cloudy is the theory that Nature or Providence has divided the community into two sections, which are destined to be for ever waging political war against each other without a possibility of agreement. That which is chimerical is the notion that faction, when recognized as the instrument of government, and called by a soft name, will cease to be faction, and, at the height of a furious struggle for power and pelf, curb its own frenzy, and keep its selfish ends in subordination to the paramount claims of the public good." PARTY POLITICS. /''rom the Canadian Monthly, Vol. II., 1872. " A friend of ours was once a good deal puzzled in attempting to explain to a young lady of an enquiring turn of mind the nature of a Parliamentary Opposition. Government she understood and Piirliament, as a deliberative and legislative assembly, she understood ; but the idea of a party of men, whose sole function was to ci/-pose what others /w-posed, seemed to be beyond her grasp. If it could have been explained to her that the so-called Opposition was a mere temporary organiz- ation for a temporary purpose — the government of the country having fallen into bad hands and it being very desirable to harass them into an abandonment of their position — the thing would have been more easily intelligible ; but no, the truth had to be told, that this ' Opposition ' was as per- manent an institution as Government itself, and that the eagerness and bitterness with which it pursued its ends, bore no assignable relation to the merits or demerits of the holders of authority. However faultless an Administration might be, there must still be an Opposition, or the British Constitution would fall to pieces. ' Why don't they content themselves with opposing what is wrong?' was asked, with simvilicity. ' Well, of course, that is what they professs to do,' was the answer. ' Then there is no particular reason for calling them Opposition, for everybody pro- fesses the same thing. I am Opposition, and you are Opposition — we are all Opposition together, if that is what it means.' "The difficulty in which our young friend was involved was one which, in some shape or other, presents itself to everybody. Even grown men, tolerably familiar both with the theory and the working of the Constitution, find themselves wondering how the thoroughly artificial distinctions which prevail in the political arena, came to acquire such force and persistence ; wondering, too, whether no new page of political history will ever be turned, and the monot- onous see-saw of party strife — Oppositions becoming Governrtients, and Governments becoming Oppositions, and each with every change of fortune, displaying most, if not all of the faults of those whose places they take — be succeeded by something more in accordance with reason, and more favourable to true progress. The subject is one which a little honest thought will do a great PAKTY POLITICS. 59 deal to clear up ; for, to tell the truth, the difficulties that seem to surround it are mainly the creation of those who think they have an interest in the perpetuity of the present state of things. It is commonly assumed, for example, by the defenders of party, that those who are disposed to regard it as out of place in this advanced stage of human culture and reason, are bound to devise a complete new set of institutions for the government of nations ; and having devised them, to -demonstrate their practicability. This assumption we entirely repudiate, for reasons which will sufficiently appear in the course of our argument. What we have to do, is to try and render a true account of party to ourselves, to ascertain what it is and what the conditions are that call it into existence. As we pursue the investigation, we shall see that the conditions which give it its greatest vitality have passed away, and are little likely to return ; and that party, if limited to its natural and legitimate development in these days, would be a very different thing indeed from what we now witness. " We cannot do better than take our departure from Burke's well-known definition. 'Party,' says the great philosophic statesman, ' is a body of men united for promoting, by their joint endeavours, the national interest, upon some principle n which they are all agreed.' Party, in this sense of the word, is something every one can understand : it calls for no justifica- tion, any more than any other form of association for a worthy object. It will be observed, however, that according to Burke's definition, party is but a means towards an end, and a means which is only available in certain defined circumstances. The end is the national interest, and the condition necessary to give vitality to party, is the agreement of all its members in ' some particular principle' which they wish to see applied in the government of the country, and to which of course, another party in the State is opposed. Burke says not a word to justify the opinion that parties are essential to the well-being of the State, under all circumstances : for that would be simply tantamount to saying hat no country could be prosperous in which there were not those radical differences of opinion upon political subjects, which alone afford a rational basis for party organization. Nearly all the talk we hear in the pi^esent day on the subject of parties, really involves the absurd proposition that, unless a country is divided against itself, it cannot stand. Because parties were once a necessity of the times — the natural expression in Parliament of real and lamentable antagonisms that existed throughout the country, therefore parties must exist for ever ; and if we have not real antagonisms to support them, we must get up sham ones ! The Chinaman, in Charles Lamb's charnting apologue, set his house on fire, in order to have, indirectly, some roast pork. Our roast pork is the party system ; and, in order that we may taste the savour again and again, we set the State on fire with all kinds of false and factitious issues. " In Burke's time, and almost down to the present day, in England, there have never been wanting more or less serious causes of division among parties ; moreover, in a country like England — the continuity of whose political history has never been broken by revolution, and •where, consequently, many institutions exist, simply because they have existed, and not because they are peculiarly adapted to the present time — there will alw.ays be a certain opposition between those who wish to preserve what time has handed down, and those who, imbued with the spirit of the present, aim at bringing everything as much into harmony with that spirit as possible. Even in England, however, there are unmistakable signs that the palmy days of the party system have ])assed away for ever. It is in ])olitics, in these days, very much as it is in war : men see the inevitable much sooner than they used to do ; and, when they see the inevitable, they yield to it. This arises simply from the greater sway that reason has over the minds of men, and, particularly, over the minds of those fitted by nature to lead. . . "The political circumstances of Canada are very different from those of the Mother Country. '/here, where so much exists which it interests one class to maintain, .ind whicli it seems to interest a much larger class to destroy, there will, for a long time to come, probably, be some real significance in the terms ' Conservative ' and ' Liberal,' or ' Tory ' and ' Radical ; ' though there is every reason to hope that the jiolitical struggles of the future will be mitigated by the influences to which we have just referred. In Canada, however, when the same terms are employed, nothing can exceed the sense of mockery ihey bring to the mind. In old. ii times, 60 APPENDIX. when a knot of infiituated men, thought they could govern the country for their own private interest, tlie poUtical designations that had been borrowed from the parent State, were not so- entirely out of place. But in the present day, you who call yourselves Conservatives, do tell us, for heaven's sake, what it is you wish to conserve that anybody else wishes to destroy ? And you also, who call yourselves Liberals, where are we to find proofs of your liberalism or liberality, or whatever it is you pride yourselves upon ? Or, if you prefer to call yourselves Reformers, what is it that you wish to reform ? Your political creed, if we credit your own professions, is one of the intensest conservatism, regarding all the established principles of the constitution. You find fault with nothing, so you say, in the political frame-work of the State, and only complain of a few abuses of executive authority on the part of a set of men whom you hope soon to consign to perpetual oblivion ; and yet you dub yourselves Reformers, just as if there was work to be done for a generation or a century, in the redressing of abuses, the removal of anomalies, and the general reconstitution of a disordered commonwealth. When you have acceded to power and have wrought such improvements as you are able or disposed to do in the management of public affairs, what will there be to hinder you from adopting the title of 'Conservatives,' now appro- priated by and to your opponents ? Nothing in this wide world. And what will there be to hinder them, after you have committed a few blunders, as you are sure to do within a short time, from seizing, if they choose to do it, for political effect, upon your special name of ' Reformers,' on the plea that they are going to put to rights all the things that you have put wrong ? Surely you are both to be congratulated on the peculiar felicity of party designations so chosen that you might make an impromptu ' swap,' and look neither wiser nor more foolish in your new colours than you do at present. . , . " It is not the bitterness of political discussion that seems to us the worst result of the party system ; it is its amazing hollowness. A reasonable man is simply lost in wonder as he reads day after day, in ably-edited journals, whole columns of writing in which there is hardly the faintest gleam of sincere conviction to be discerned. Day after day the same miserable evasions, the same varnishing up of unsightly facts, the same reiteration of unproved charges against opponents, the same taking for granted of things requiring proof, and proving things that nobody questioned ; the same hypocritical appeals to the good sense of the electors whom every effort is being used to misinform and confuse ; the same dreary, unmeaning platitudes : in a word the same utter abuse of man's reasoning powers, and of the privileges and functions of a free press. Of course so long as both sides indulge in this kind of thing, each can make out at least a partial case against the other ; and so a constant cross-fire is kept up in the exposure of misrepresentations, and the rectification of all that has been set down in malice on one side or the other. To-day a good point perhaps is made by the Opposition ; to-morrow it will be returned to them, if possible, with interest. Such is the party system of political warfare — a system which ought to have won the admiration of Archdeacon Paley, since it possesses the attribute that was wanting to that celebrated watch of his — the power, namely, of perpetually reproducing itself. Looking simply at the wordy strife between two such organs say as the Globe and the Alail, what is ever to bring it to an end ? There is no termination to their arguments, any more than to a repeating decimal, which, truth to tell, they very much resemble. " ' Like everything good,' says the former of the two journals we have just mentioned, ' party may be abused.' We should like very much to know where the proper use of party ends and its abuse begins. The abuse, we suppose, is when men do things in the interest of their party that are not for the interest of the state ; when, for example, the supporters of a Govern- ment convicted of some reprehensible act rally around it to save it from just condemnation ; or when an Opposition, knowing that the Government is dealing with a very difficult and dan- gerous question, walking, to use Horace's metaphor, on hot cinders lightly covered over with ashes, seek to hamper and distress it by every means in their power, even at the risk of fanning the smouldering fires into open conflagration. But if this is abuse, it is of the very essence of party politics. Either the interest of the countiy or the fortunes of their party are to dominate in men's thoughts : if the former, then all party tactics are at an end : if the latter, then it is PARTY POLITICS. 61 simply absurd to talk ol party being 'abused.' It is all abuse from first to last. You might as well talk of selfishness being abused, or dishonesty being abused, or of hypocrisy being abused. " Let us, however, hear a little more about party from that thorough believer in it whom we have just quoted : — ' All the essential characteristics of parly,' he proceeds to say, ' enter into the very idea of free popular government, and when they are eliminated, such a government is rot only impossible but inconceivable. Who is to say what is really for the good of the nation ? All may be equally patriotic, all equally anxious to lay aside self-seeking and everything mean and unworthy, but they may have different ideas how this greatest national good is to be secured ; nay they will have if they think freely and intelligently. And with what result ? Why, with the formation of more or less distinctly opposing parties, with more or less keenness in their discussions, and more or less divergence in their eventual courses of action. The whole history of the past tells of this : while the ' national principle ' would at best but give us something like the slumberous stillness of a sultry summer noon — quiet and peaceful, but at the same time stagnant and the fruitful parent of injurious miasmata.' " Here let us draw breath. Who would have imagined, had we not let out the secret, whence this charming picture of party politics was taken ? There is a touch of idyllic tender- ness and sweetness about it which the great Sicilian poet himself could scarcely have surpassed. ' More or less keenness in their discussions ' — of course ; but then each side is so ' anxious to lay aside everything mean and unworthy ' — among other things, all mean and unworthy suspicions of their opponents — that really their divergences of opinion serve only to procure for those who take part in politics a reasonable and healthful amount of intellectual exercise. Under the 'national' system we should all stagnate and be choked by noxious miasmata ; while under tue party system we are braced and vivified by the pure powers of free discussion. What a happy, golden dream, one cannot but exclaim, for the writer to have who was penning an article for the same columns that contained ' Wha wants me ? ' Not more fancy-free was Colonel Lovelace in his prison than is this editor in his sanctum. He cannot for a moment assume the patriotism of his particular political opponents — they are tricksters, corruptionists, deceivers — everything in (act that is morally execrable ; but when he wants to draw a picture of the party system at work, why, all at once the political atmosphere becomes pure if not altogether calm : there is equal patriotism on both sides, and men are only divided by theoretic differences which do not in the least impair the profound respect they entertain for one another. " Now the truth of the matter is that what this enthusiastic advocate of party has been here describing is not party at all ; but that very 'national ' system, the application of which to popular institutions he pronounces to be sheerly ' inconceivable ' (though not too inconceivable to allow its miasmatic results to be clearly foreseen). No one pretends that if men could be induced to give up the conscious imposture and rant and gibberish that are now dignified with the name of party controversy, they would forthwith all be of one mind. The great difference would be that men would endeavour to make their opinions triumph by legitimate means ; and further, the expression of all opinions would be very much freer than at present. As things are now a man is not at lilierty at all times to utter the thought that is in him : he has to consider how his party will be affected by what he may say. In this way truths that would be eminently seasonable, so far as the country's interests are concerned, are suppressed as being unseasonable from a party point of view. The credit that a man would, personally, feel inclined to give his opponents for something he knows them to have done well, he withholds out of consideration for his party who would be seriously compromised by any admission in favour of those whom they are steadily trying to undermine in popular favour. It is the rarest thing in the world at iircseiit lo see a man get up in Parliament and seem to utter his real and innermost conviction on any important question. You note his place in the chamber, and i)efore he speaks you know .dmost all he has to say. .Such is the i)arty system. Instead of stimulating thought and teaching inlel- lectual honesty, it does just the reverse — puts a ban on the free exorcise of a man's niiml, and leads people to conceal or misrepresent their real opinions. (i2 APPENDIX. " The great difficulty in arguing the thesis that the public interest is not promoted by an arbitrary division of the legislature and of all those who take an interest in politics, into two oppo-.ing camps, is to avoid saying things that are self-evident. It is perfectly clear that a party would not be a party, as the word is commonly understood, if it were actuated only by a desire for the public good, and if it followed out a strictly honourable line of action towards its adver- saries. Such a body would not and could not display what is called party spirit ; and as to party discipline, it would be lost in the higher and nobler discipline of duty. The agreement that existed amongst its members at any moment, however perfect it might be, c .uld not be held to guarantee their agreement on any new issue ; for ex hypothcsi every man, as often as a new question came u[i, would sliape his course upon it, not with a view to improving the position of his party, but to promoting the advantage of the State. It is understood now that those who act togethei- to-day will act together to-morrow and next day. Why ? Simply because they mean to do so ; that is all about it : they have determined that their opinions shall not differ. For how could they ever hope to gain party triumphs without party organization and party orthodoxy ? If the country does not thrive under such a system ; if the vices of government are not cured ;. if the people are not educated to disinterestedness and high-mindedness : in other words, if patriotism and public spirit are not encouraged — so much the worse for all the interests, moral and material, involved. The British Constitution of which party government (we are told) is the noblest tradition, cannot be allowed to fall through merely because a niiion threatens to go to ruin. " When we are told that party is absolutely essential to free, popular government, we cannot help thinking what a vast amount of government is done, and what vast interests are successfully managed, without any help from the p^rty principle. Look at our municipalities ; look at our banks, our railways and other public enterprises ; look at our churches. Would it really be well to see our city corporations, and our county and township councils divided between two parties, each trying to hamper the other to the utmost of its ability? Who would care to hold stock in a bank or railway, whose affairs were made the sport of party struggles ? Whenever party spirit has shown itself in connection with the latter class of corporations, it has been the product of, as it has in turn ministered to, the very grossest and most shameless forms of corruption ani robbery. We see party here assume its final an 1 perfect development as the ring — an association of robbers who have agreed to aid in filling one another's pockets. When how- ever, (as fortunately is most often the case) this horrible disease his not fastened upon a great public company, its administration is a fair type of what the administi-ation of a country's affiirs might be, if the organized selfishness of party were to pass away. Every shareholder knows that the value of his property depends on the successful aiministration of the company's affairs, and the maintenance of its credit before the world. His great anxiety, therefore, is to have the right kind of men as directors, and, when the right men have been found, it generally rests with them to say how long they will remain in the responsible positions assigned to them. Men get thanks for conducting the affairs of a company or association prudently and successfully ; they get none for doing their duty by the State : they get interested and formal praise from their supporters, and unvarying depreciation and abuse from their opponents. The praise affords them no satisfaction, and the abuse, in the long run, hardens them and takes the edge off all finer feelings. The great difference between a member of a joint-stock company and a member of Farliament is, that while the former would lose more then he would gain by pursuing an obstructive course, or in any way trifling with the interests of the society, the latter may pursue a similar line of conduct, and profit by it. His interest as a private citizen in sound legislation, and effective administration may easily be overcome by those special inducements which party leaders can offer. That is precisely the position, and hence it is that party is possible in the Legislature and hardly any where else. Party may therefore be defined with absolute correctness as a body of men whose interest in supporting one another is greater than the interest they have in giving a right direction at all times to public policy. We should scarcely call this, however, a good thing per se. " What becomes then of Burke's definition of party as ' a body of men united for promoting hare's scheme of representation. 63 by their joint endeavours the national interest upon some principle in which they are all agreed ? ' Is it of no application at all in our day ? Certainly ; as often as a body of men honestly agree in a particular principle, let them unite their efforts to make that principle triumph, and if they choose to call themselves a party, why let them do so. No harm will result from that. Hariia results when men take a license to themselves to do, as a party, things that are not for the national interest at all, and that, in their own consciences, they know are not for the national interest. It is certainly a strange thing that, because a number of men have got hold of one sound principle through which they hope to triumph, they should feel themselves excused in giving their sanction, if not their active support, to a number of evil ones. Yet this is precisely what our parties do ; they have one end in view which perhaps they sincerely think a good one and this end they allow to justify or sanctify the most scandalous means. Such is the party system ; and if any one hints that a system, which not only permits but erects into a code the loosest moral practice, may not be worth perpetuating, he is pronounced at once an enthusiast, a dreamer, a doctrinaire, a person whom all sensible, practical men may complacently laugh at, without troubling themselves in the least to enquire into the value of his ideas. . . " We hold that a great portion of the evils from which we suffer are due to a defective political system, and to that confusion of mind on political subjects which the current language in regard to party is so well calculated to produce. The heart of the people is not so unsound as some would have us believe ; and if -the people make up their minds to it, they can have honest men to serve them — men who will prefer honour to office, and the sense of duty performed to personal triumphs however flattering. To preach the cessation of party strife is no doibt, at present, like crying in the wilderness, but our hope is that, like other preaching that has begun in the wilderness, it will end by converting the multitude. Stripped of all verbiage and of all subtleties, the question is simply one between good and evil ; and the good must either gain on the evil, or the evil on the good." EXPLANATION OK HARE'S SCHEME OF REPRESENTATION. By M. G. Fawcett, 1872. The end and object of Mr. Hare's scheme is the direct, equal and personal representation in I'arliament of every elector. If this end were accomplished, Parliament would become the rnirror of the nation, and, in proportion to the extension of the suffrage, all opinions would have in Parliament a strength corresponding to their strength in the country To attain this end it would be necessary that each voter should have an equal amount of electoral power. At present there is nothing to prevent an elector from having a score of votes in different constituencies. Non-residence not being a disqualification for the county franchise, a man may have a vote for every county in the kingdom, if he can possess himself ol the relan of choosing members of I'arliament were adopted, those candidates would of course be elected who obtained the largest number of voles : but in order to prevent inequality of electoral power through one candidate receiving an immensely large number f>f votes, Mr. Hare's scheme provides that no candidate shall receive more votes llian are sufficient to secure his return. Kor this |»urpose the following arrangement is pro()osed. It is obvious that 64 APPENDIX. if all electors were allowed to vote for any candidate, well known and popular men, such as Mr. Gladstone and Mr. Bright, would receive a large proportion of the entire number of votes polled. Equality of electoral power, which is one of the main objects of the scheme, would be destroyed if Mr. Gladstone received six times as many votes as any other candidate ; for his constituents would then not be sufficiently represented in proportion to their numbers. It has therefore been proposed to find, by dividing the total number of votes polled by the number of vacancies to be filled, the quota of votes necessary for the return of each member. If 658 members are to be elected, and the total number of votes recorded is 2,632,000, four thousand votes would be the quota necessary for the return of a member. Each elector would vote by a voting paper, which would be drawn up in the following form : — ■ Name (of voter) . Address Vote, No.. Parish of Borou'fh of The above-named elector hereby records his vote for the candidate named first in the subjoined list ; or, in the ev^t of such candidate being already elected, or not obtaining the quota, the above-named elector votes for the second-named candidate, and so on, in their numerical order, viz.: 1. (Name of candidate) 2. (Ditto of another) 3. (Ditto of another) 4. (Ditto of another)^ (and so on, addintf as many as the elector chooses). The foregoing form, filled up with the names proposed by the voter, expresses in substance this : — I desire to be represented by the candidate whose name I have placed No. I. If he should obtain his quota of votes before mine comes to be counted, or if he should fail to obtain a sufficient number, and therefore cannot be elected, I direct that my vote be transferred to the Candidate I have placed sa No. 2, and under the same conditions, to candidate No. 3, and so on. * The above comprises the whole of the so-called complexity of Mr. Hare's system of repre- sentation. The main principles of the scheme might be tabulated as follows : — 1. All voters to be represented in Parliament. 2. Each Member of Parliament to represent an equal number of voters. 3. Each elector to have one vote. 4. Electors to be allowed to vote for any candidate. 5. Electors to be allowed to transfer their votes from one candidate to another, so thai no votes are thrown awoy for candidates already elected, or for those who have no chance of obtain- ing the quota. The most striking eflects of such a deviation from the traditional method of conducting elections would first be seen in Parliament itself. The House of Commons would then no longer be filled with local magnates, whose names are unknown outside their own boroughs, and whose only recommendation to serve in Parliament consists in their employing a large number of work- men, and being able consequently to command a considerable number of votes. On the contrary, the House of Commons would be filled by really representative men, who would be sent to Parliament not solely on account of their wealth and local influence, but on account of their * Pamphlet on Representation Reform, issued by a Committee appointed by the Reform League, p. 9. hare's scheme of represextatiox. 65 opinions. A common charge brought against this plan of proportional representation is that it would bring into the House of Commons nobody but the representatives of crotchets. In repl}' to this it may be stated that it will be their own fault if people without crotchets are unrepre- sented ; if, indeed, they are so few as not to be able to secure a quota of votes for their candi- dates, then the House of Commons will justly be composed of crotchety members ; it would not be representative if it were not. The effect of Mr. Hare's scheme upon constituencies would be more gradual, but not less beneficial, than its effect on the House of Commons. The present system of selecting candidates leaves little or no choice to the mass of the electors ; they must either support the candidate started by the wire-pullers of their own party or not vote at all. Hence the franchise is too often exercised merely mechanically ; little study is given to political questions. Men vote with their party as a matter of course, and the minimum of political intelligence is evoked. If, on the other hand, electors were free to vote for whom they pleased, they would probably be induced to examine into the respective merits of a considerable number of candidates. Instead of voting blindly, and for no assignable reason, for the local candidate, they would be obliged to make a selection between many different candidates, and would feel that they were acting fool- ishly if they could not justify their choice. An elector is now seldom asked, " Why did you vote for Mr. A ? " If such a question were asked, the reply would probably be, " Mr. A was brought out by the party ; we didn't like him particularly, but we voted for him, because, if we had split, the other side would have got in their man." If electors were free to vote for any candidate, the question, " Why did you vote for Mr. A ? " would receive a very different answer. It would probably be something like this, " I read through his address, and his views on the political questions of the day are those that I hold ; and, as far as one can judge of his character, I believe him to be an honest and independent man." In this way the selection of a candidate would produce an educational and moral influence on each elector, especially as he would be required to name a succession of candidates, and to place them in the order in which he esteemed their merit. The educational effect produced by inducing electors carefully to weigh the respec- tive claims of a large number of candidates would be very considerable, and would probably stimulate a great increase of the mental activity brought to bear on political questions. The moral effect produced by giving a free and independent choice of a representative to each elector would be invaluable. At present a candidate, no matter how bad his personal character may be, is thrust upon a constituency by half-a-dozen active wire-pullers, and the electors frequently have no choice between not voting at all, voting for a man of notoriously bad character, or voting against their political convictions. I'ew electors would deliberately declare that their free and unfettered choice as a representative, the man whom they desired above all others to see in Parliament, was a well-known rou4, a fraudulent director of companies, or one who had been convicted of personal bribery The great advantage which Mr. Hare's plan possesses over all other schemes of proportional representation is, that it would give to each elector one vote, and would allow him to give this vote to any candidate he pleased. The choice of an elector would not be restricted to the candi- dates who might happen to present themselves for election in any jiarlicular constituency. By this' means a minority, however locally insignificant, could join its votes with those of other electors in other localities, and thus secure the return of a representative. If, for instance, 600 members had to be returned at a general election, and the voters in ail the constituencies amounted to 600,000, any thousand electors, no matter where they resided — ihcy might be -cattered in twos or threes all over the country — coullls. When our Constitution of 17H7 w.is formal, the American people; inteii'lcd to use wisely the lessons they had from English history, and from all history. They had learned that 70 APPENDIX. irresponsible power in a hereditary monarch certainly made a tyranny. They said, there- fore, we will have no hereditary king, and no tyranny by any man or set of men. They established, as they thought, a true i-epublic — a government, of the people, by the people, for the people. They established, as a matter of fact, a powerful oligarchy, a tyranny, of the people, by party, for party. They kept, as they thought, the real control of tlie Government. They kept, as a matter of fact, nothing but a right of peaceful revolution. Elsewhere tyrann}'' and revolution both violate the law ; with us they both follow it. Often, before our time, revolution has resulted only in a change of tyrants ; with us it is still the same. We rebel against the tyranny of one party ; we simply place ourselves under the rule of the other party ; and then again go through the same cj'cle of tyranny and revolt. The Constitution of the United States had been fornied "to secure the blessings of liberty" to the people of the United States in the year 1787, and their posterity after them. We have had the election of our rulers taken from us by party oligarchies. We have had the money of the people stolen and their lives wasted by the officers who should have guarded us from harm. We have had our courts of justice used, not to protect the life, liberty, and property, but to rob honest men, and open prison doors for convicted thieves. But, it is sometimes said, the real cause of the present condition of our public aifairs is the fact that we no longer have the same class of men in public life as in years gone by, 'N^Tiere are the Websters, the Calhouns, the Cla5's, in our natioiial Government of to-day, it maj' be asked ? It is said we suflfer from our own apathy ; we have in our hands the remedy against these wrongs — we must choose a better class of men for our public officers. But why is it that we no longer have the same class of men as of old in public place ? How does it happen that our public men are no longer as able or upright as they were in former j'ears ? For, without imagining all the glory to have passed from the earth, it will be generally admitted that there has been a falling off in the character of the men in our public service. This is only another effect of party rule. No man can now hold office under our Government for any long time unless he will sacritice the interests of the people to the interests of party. The party leaders wish pliant men who will serve party, and not honest men who will serve only the people. They will not have in official position men whom they cannot control and use. The men they cannot control and use they drive from public life. The men who stay in public life are compelled to yield and submit to party. They can- not resist the immense party pressure which surrounds them. We have notably three Presidents — Mr. Lincoln, General Grant, and Mr. Hayes — each of whom, as most men will agree, took office with the purpose of always serving the people without regard to the interests of party. They all at last gave themselves more or less completely to the control of the party men. So long as they tried to do their simple duty to the people, they found themselves in the midst of enemies, without friends. They had to surrender. To resist would take strength more than human. But is there any way out of this party tyranny ? May it not be that this party tyranny is a necessary incident of republican institutions in any form, that it is an evil which we must submit to, and bear as well as we can ? May it not be, even that party has its good points, its advantages ? To answer these questions, we must consider what are the causes which bring party into existence, the nature of party, and its uses. All men will admit that party rule, as we have had it in this country, has been attended with great evils and abuses. But most men think that these evils are merely accidents o PARTY RULE IN THE UNITED STATES. 71 the time, that in some way pai'ty govei-nment cau be kept and these evils can be removed, that these evils are far outweighed by the good results which party brings, and that party, with all its CNnls, is a machinery wthout which free government cannot exist. I believe this to be a mistake ; that these e^^ls which we have had are not mere acci- dents, but that they are of the very essence of party ; that we cannot rid ourselves of these evils unless we rid ourselves of party ; that M'hat men call the good results of party we should still get if we had no pai-ties ; that party, instead of being a machinerj' necessary to the existence of free government, is its most dangerous foe ; and that in order to get anything which really deserves the name of republican government, we must destroy party altogether. Our public servants, who depended for keeping their offices on carrying elections, in the same way gave their best effortsto carrying elections. Whether they wished it or not, our public servants were driven by this point in our system of government to make this Avork of carrying elections their regular profession. In that profession they gained great skill. In that work they were sure to have more skill than the ordinary citizens, who gave their time and thought to other things. The professional must always beat the amateur. These party organizations became vast and powerful . The leaders of these jiarties controlled party action. It came to be the fact (almost without exception), that no man could be chosen to an office without a party nomination, and no man could have a party nomination against the will of the party leaders. And the party leaders would give party nominations to no man Avho did not do party service. The natural and certain result was, that party leaders, for party purposes, controlled the elections of public servants, and the action of public servants after they were elected. So it has always been in EngUsh Parliamentary history. Each party has been, at one time or another, on both sides of every important question of government policy. Principles and measures have had little to do with the action of parties in England, except there, as here, the partj^ leaders have used the great questions of the day as battle-cries in the struggle for place. Many great men and honest men in England have been party men. They have, too, done great service to the English people. But they have done that good service always in spite of party and party influences. We have in this country developed not only parties, but enormous party machineiy for the mere purpose of carrying elections — a machinery that is intricate, costly, powerful, and tyranni<^al. The man in pubUc place in these days in this countrj' must be, not a statesman, but a man of skill ami capacity in manipulating this election machinery. It is said that parties are combinations of citizens for the purpose of carrying measures. I maintain, on the contrary, that these combinations, which we call parties, never can be anything but combinations of office-holders, or office-seekers, to carry elections. And with the men mIio manage these parties, however upright may be their intentions, the end wliicli is lirst, in point of time, is to get office for themselves ; to this end they must have the support of other party men ; to this end they must give their support to other party men. The iiarty organization naturally ami certainly becomes an organization of men who combine and work together to secure their own election to the dillurent places under govern- ment. It becomes, try to disguise it as we may, a system of trading in ollice. In the affairs, too, of great nations, or even of a single city, there arc, not one or two, but very many, weighty questions of public policy. As a matter of fact, the men composing these large parties cannot all .agree on more tiian one or two of tho.se main questions. Nor le, and especially tlu' edu- cated men, do not take an interest in public affairs. And the complaint is in a measure well / 4 APPENDIX, foundoil. INIen do not take a healtli}'- interest in the affairs of our Government. And why- is it so ? Simply this : the ordinary citizen knows that he has no power, that the party men can and will manage our government affairs very nearly as they choose. But before party machinery and party power became so fully developed, men did take the deepest interest in all tlie affairs of the nation. All men in the country, but the educated men more than any others, think and read and talk of public affairs more now than ever befoi-e. As a class, the educated men are more eager than any others to go into public life. Nothing else has for them such fascinations. But they cannot get there. They ai-e kept out by the party leaders. They try again and again, and they fail. What has at times seemed the indifference of elegant leisure is in fact the despair of repeated defeat. Is it a possible thing that men of any class should lose their interest in the public affairs of their own country, of their own time ? This government and these laws, we live under them. They make or mar men's fortunes aud the fortunes of their children. Men who read and think at all, read and think of the affairs of every people and of every age. Wher- ever we go, in a railway train or iu the farm-houses, we hear all men discussing matters of European politics. Are we suddenly to lose all interest in the affairs only of our own country, and in the making of our own laws ? On the contrary, remove these party oligar- chies, and the best men in the country would again come into public life. Remove these party contests, and we should have instead of this feverish upheaval once in four years over a mere struggle for office, a steady, healthy interest in questions of public policy. When men found that they really had some power in the affairs of State, they would try to use it. Men in any country have never, under any circumstances, been able to lose their interest in the affairs of their own Governmeut. We are not now to have such a miracle for the first time in the world's history. To say that we must have these party contests in order to keep up the interest of the people in public affairs, is to say that a man must have a fever once in four years to keep warm. Are these party combinations, then, necessary to preserve free government ? All the republics in history have been destroyed b}' party — by these organizations of men who have made a profession of carrying elections. The tyraany of kings has been often overthrown by one people or another iu the history of nations. The tyranny of party is the most dangerous enemy freedom can have. No people has ever yet conquered it. These single royal tyrants, with only one life, are puny things ; but this immense monster party, which is immortal, has the people's own strength. But if these were the only evils resulting from party combinations we might be com- paratively at ease. We have not yet the worst point. It is this necessity of carrying elections, under which we put all our public servants, which is the root of all the corruption of our public men. We bind them hand and foot, in the chains of party slavery. And we do more ; we compel them to serve the powerful interests in the land which control votes. Our public servants, on questions of revenue, on all matters of legislation, where we have a right to their honest judgment and honest action, do not give us their honest judgment and honest action. They are driven to look at the next election They say they work for their party. They give it too good a name. They shape their official action in such a way as to gain the support at the next election of the rich and powerful men and corporations. Disguise it as we may, they sell their official action for votes ; aud the next step downward, the sell- ing of official action for money, is one that is easily and often taken. But that is not often the first step. Some men have been in the habit of thinking that the corruption which we have had among members of Congress and of State Legislatures was some special fruit of some special REPRESENTATIVE GOVERNMENT I-V ENGLAND. ( feature of rejiublicau institutions. This is a mistake. \Yhene\-er, under any system of government, it is necessary for public otiicers to catch votes for elections, they will catch the votes. The votes will be bought and paid for in money, or office, or official action, as the case may be, wljether it be iinder a monarchy or a republic. This thing that we call party is the poison which makes a healthy national life an im- possible thing. Tliese great party combinations, instead of being combinations of citizens to carry wise measures in the interest of the people, are only combinations of politicians to carry elections in their own interest. Parties, so far from being necessary to carry measures, to keep alive the intei-est of the people in public affairs, and thus to preserve free govern- ment, are the most powerful hindrances to efficient action, keep alive endless and needless strife, are hot-beds of corruption, and arre the most dangerous enemies that free government can have. This party oligarch}^ under which we now suffer is not the creratiou of any one set of men. The present party leaders are not responsible for its existence ; they are not to be blamed for it. It is the natural legitimate fruit of our government system. It is not from choice that our public men sacrifice the interests of the people for those of party. They form these immense and powerful combinations only because our sj'stem of government drives them to it. They miist carry these elections, or they will lose their places. The people of the United States have a new and great problem to solve. That they will solve it I make no doubt. The immense growth of party which we have had in this country is something new in history. I do not think its eviis have been duly Aveighed ; nor do I think its causes have been carefully studied. Party and party rule, as they now exist with us, are, as I believe, great evils — evils which naturally and certainly result from certain features in our political system. In private life we find in every profession and employment many men who do their work as well as they know how. We have at times such men in public life ; but, as a rule, our public men do their work, not as well as they know how, but only as well as the interests of jjarty will allow them. Many of those men have good intentions, but thej' are bound in the chains of party. Party controls the selection of our public servants ; it controls their actions. I believe all this can be changed. There is somewhere a remedy for this state of things. That remedy can be found. And if the remedy can be found it will be used. I have un- bounded faith in the honesty and sound sense of the peojile. REPRE.SENTATIVE GOVERNMENT IN ENGLAND. By David tiymc, iSSr. In carrying out such a system as this it is eviy effect of enabling ministers to obtain "authority" in the House, and it is carried on for the benefit of ministers, and in order lo enable them lo coerce Parliament. And no doubt, in this respect, the system has succeeded admirably. Party Government has placed Parliament al the feet of tlie ministry of the day. We have already seen how a ministry, by means of a i)arty vote, may coerce a majority ; we may also see how a ministry may exercise authority and openly set the House at defiance. . . . As a rule, ministers profess great consideration for the opinions of Pariiament. It is only the opposition minority that they treat witii contempt. Where an important vote is pending they first try lo make sure of iheir majority. If tiiere are any signs of disalTection in 78 APPENDIX. the ministerial rank and file, they rally their party, an appeal is made to party feeling, the disaffected have to stand out, all the influence at the command of ministers is employed to conciliate them, and when all else fails, a threat of resignation or of a dissolution of Parliament will generally bring them to terms. The ministerial ranks are then closed, and the re-united majority behind the treasury benches are used to crush the opposition minority. To the outside public all seems fair and square, but none the less effectively have ministers exercised their influence and authority to silence the voice of the majority. But it is really desirable that ministers of the Crown should exercise authority over Par- liament ? Is it not desirable rather that Parliament should exercise authority over ministers ? Is it not an essential principle of parliamentary government that ministers should be held responsible to Parliament, instead of Parliament being held responsible to ministers? But, say the advocates of Party government, the business of the country cannot be carried on without a strong ministry. It is necessary, we are assured, that a government should have a large and pliant majority behind them to enable them to retain their position and to carry their measures through Parliament. We are left in no manner of doubt as to how this majority was got together in the pre-reform era. "The adherents of the ministry," says Todd, "were obtainable from the first by means of various small boroughs which were under the direct control of the Treasury, and of other boroughs which were subject to the influence of certain great families or wealthy proprietors, who were willing to dispose of the same in support of an existing administration." And this majority was, according to the candid admission of another friend and advocate of party government, retained in a still more objectionable manner. " Parlia- mentary government," says Earl Grey, "derives its whole force and power from the exercise of an influence akin to corruption." When there is no great question agitating the country, parties in the House are, as a rule, evenly balanced, and ministers are continually changing. A succession of weak administrations is the inevitable result of such a state of things. A notable illustration of this we have in the condition of political parties in the Italian Parliament for some time past. The Parliament of Italy is modelled on the English system of Government by Party, and there have been no less than twenty-five new administrations in that country in eighteen years, or an average of one eveiy eight or nine months. In New Zealand, also, where the worst features of the parliamentary system of the mother country have been adopted, there were in 1872 no less than nine changes of government within seven months. A general election, and a good cry to go to the country with, would have put an end to this state of things. Party government in England has only been saved from merited contempt by the party leaders on either side adroitly seizing on every question of public interest, and turning it to account for party purposes. Like the dogma of the divine rights of kings and passive obedience, party government came to the front during the stormy period of the Revolution. The system is indeed so monstrous, that it could only have found a:ceptance at a time when national animosities ran high, and the people were in an abnormal state of excitement. Under no ordinary circumstances is it con- ceivable that the English people would have tolerated a political system so entirely different from that to which they had been so long accustomed, and so opposed to their practice in the affairs of everyday life. To the mass of the people it was, and always will ba, a matter of utter indifference as to who were in office or who out of it, so long as the country is well governed. 1 hey had been accustomed to send their representatives to Parliament to confer togethe rand co-operate for the common good of the whole community. It must therefore have shocked their moral sensibilities when they discovered that their representatives, instead of attending to the business of the country for which they had been elected, were devoting them.selves to far other purposes ; that no sooner did they come together than they immediately ranged themselves on opposite sides of the House ; that they openly avowed hostile intentions towards one another ; that they at once proceeded to open acts of hostility ; that they spent their time and energies in vilifying one another, in misrepresenting one another's motives, opinions and actions, and in ivm ELECTING REPRESENTATIVES. 79 attempting to ruin one another's reputations, to defeat one another's plans, and to delay and mutilate, when they could not reject, one another's measures. And that men eminent for their talents, their eloquence and even their uprightness in other relations of life, should do all this without any sense^of its impropriety and its injustice, was a sight not calculated to raise parlia- mentary institutions in the estimation of right thinking men. Had it been the design of its authors to demoralize the public mind, to impede the public business, to create natural animosities and general anarchy, they could not have better accomplished their end than by the introduction of such a system as this. Nothing can be more obvious to common sense than that the representatives of a great nation could be bound together by the same interests, aims and aspirations as the people themselves, and that they should co-operate with them for the common good of the whole country ; and nothing can be more absurd than to suppose that the common good could be achieved by a system that tends to create and perpetuate party strife and national animosities. We might as well create discord in order to produce harmony, or provoke quarrels for the purpose of promoting friendship and cordiality. The most extraordinary part of the matter is that there are still men to be found who believe such a vicious system is essential to parliamentary government. This species of party warfare, too, is peculiar to parliamentary life, I had almost said to English parliamentary life, for it has not fairly established itself in any non-English speaking races, and even in England itself it has found no place in any other departments of public or private service. It is unknown in the Church. Ecclesiastical assemblies, whether established or dissident, have not adopted it, and I am not aware that these assemblies are more disorderly, or that their business is worse conducted on that account. It is also unknown in municipal life, where the representative system is in full vigour. The local representatives do not range them- selves in hostile camps and spend their time and energies in faction fights. On the contrary, they meet, discuss and vote on civic matters, and absolutely ignore parliamentary precedent in their mode of conducting business. Party organization is equally unknown in commercial life, where the representative svstem also exists. The board of directors is a minature parliament elected by the sharehoulders to manage their business for them. But no one ever heard of party organizations in the board-room of a joint stock company. A commercial undertaking conducted on the improved parliamentary model would be doomed to certain ruin. Had Government by Party not come into existence under exceptional circumstances : had it not been the slow growth of generations ; had it not been as^^ociated with the names of our most eminent men and with some of the proudest events of our history and had almost become a part of our natural life, it would find few defenders amongst us at the present day. The system is tolerated because of old associations, and because we have come to think that it is in some way an essential part of our time-honoured Constitution ; but if it were now, for the first time, proposed for our acceptance, I venture to say that it would not recommend itself either to the intelligence or to the moral sense of the community. ELECTING REPRESENTATIVES. liij 11. It. Droop. From tha Journal of Ilia Statistical Soc'iHij, June ISSl. The election of representatives ha.s become, in modern times, a most important jiart nt all political and social machinery. Whenever a nuniiier of persons cannot conveniently meet together to determine how their common affairs should be managed ; whether because they are too numerous, or for want of leisure, or for any other reason, they elect repre- sentatives to act for them. Thus, not only national assemidies like the Mnuse of ('(minKins, and municipal bodies, such as town councils, school boards, and boards of guardians, but 80 APPENDIX. also boards of directors for joint stock companies, and committees of voluntary societies, consist either altogether or to a great extent of elected representatives. It is assumed that the electors have it in their power to elect such representatives as will be satisfactorj^ substitutes for themselves, and will, by their delil^erations and votes, yield substantially the same I'esults as if all the electors met and deliberated and voted as a single body. But whether and how far this assumption may be realised, will depend to a great extent upon the mode in which these representatives are elected. Until within the last few years it M-as almost universally taken for granted that there was only one possible mode of electing representatives, viz., that now known as majority' voting, according to which each elector maj'^ vote for as many candidates as there are representatives to be elected, but may only give one of his votes to the same candidate. It is called "majority voting" because whenever a sufficient number of electors to constitute a majority of the constituency agree to vote for the same set of candidates, they can secure the election of their whole set of candidates. Of late years, several other methods of electing representatives have been devised as substitutes for majority voting, and some of them have been not merely discussed theoreti- cally, but brought into practical operation. Of these methods, those best known in England are, (1) the limited vote, applied by the Reform Act of 1867 to three-cornered constituencies and the city of London, and since introduced on a much more extensive scale in Brazil, (2) cumulative voting, applied in 1870 to school board elections, and also in use in the Cape Colony (since 1853), and in Illinois and Pennsylvania ; and, (3) the preferential vote of Mr. Hare's scheme, and of M. AndrjB's Danish constitution. . . . Obviously these different methods of electing representatives are all practical applica- tions of the science of statistics. They all consist in collecting certain statistical data as to whom the electors wish to have as representatives, and putting together these data so as to construct these into a rei^resentative assembly. Majo7'ity Voting. The method of majority voting cannot claim to have originated in any scientific con- sideration of the problem how a representative assembly might best be formed. It has manifestly been developed gradually out of the mode in which an assembly decides upon any proposal that may be submitted to it. Until the abolition of the show of hands by the Ballot Act of 1872, the first stage in an English parliamentary election consisted in asking the electors, as to each candidate separately, whether he should be their representative. In the second stage, at the poll, when the votes of the electors were recorded systematically it was convenient to receive the votes for all the candidates at once, and then the majority vote n;le was adopted, being no doubt recommended by the consideration that it would lead to the same practical result as if the electors had voted separately for or against each candidate. According to either process a majority of one more than half the voters in favour of any candidate or candidates secures his or their election. .... At the present day, at any rate in electing representatives for parliamentary or municipal assemblies, electors do not seek exclusively or mainly to select the most honest, intelli- gent, and competent of the candidates. On the contrary, with but few exceptions, the electors pay very little attention to the personal qualitications of the candidates, and look only at the views they hold and the measures they promise to support. What they aim at securing is that their views and their measures should prevail in and be carried out by the assembly. Majority Voting may completely Exclude Minority. It may happen that the same party has the upper hand in every constituency, and that the other party has no representative whatever in the assembly. Thus in Geneva, according to a report presented to the Grand Council in 1870, by three of its members, Messrs. Eoget, ELECTING REPRESENTATIVES. 81 Morin, and Bellamj', "the opposition has always numbered more than one-third of the electors, and we have seen it successively represented bj' 0, 7 deputies, and 1 deputy."' This refers to the grand council, which consisted of 10'2 deputies, for the election of which the canton was dl^^ded into three constituencies. The same happened in Maryland in 1868, according to Mr. Simon Sterne's "Personal Representation" (Lippincott, Philadelphia, 1870), p. 71. In this election 62,356 votes were cast for democratic candidates, and 30,442 for republican, and j'et this republican minority of nearly one-third of the whole body of voters, did not obtain a single representative in either the senate or the house of represent- atives. Majority Voting may give Minority Control of Assembly. But as a rule the representatives are divided more or less unequally between the two parties, the proportions depending however not upon the comparative strength of the two parties in the constituencies, but on the number of constituencies in which each party happens to have the majority, and the number of representatives returned by these constituencies. This will usually exaggerate the difference between the two parties, and give the stronger party a much larger majority in the assembly than it has in the constitu- encies ; but sometimes on the contrary it assigns the majority in the assembly to the party which is really in a minority in the constituencies. To make my meaning clearer, 1 %vill assume that each constituency has a number of representatives in exact proportion to the number of electors it comprises, an assumption which %vill be very nearly correct in countries where representation is in proportion to population, e. g. , in the United States and in France, and which is being more nearly realized in the United Kingdom by every successive Reform Bill. I will further assume that there are 1,990,000 electors who have to elect 199 representatives, or one representative for each 10,000 electors. Suppose now that 100 of these representatives are elected by the A party by narrow majorities of 5,100 to 4,900 in constituencies returning only one member, of 10,200 to 9,800 in constituencies returning two members and of numbers in the same proportion of 51 to 49 for constituencies returning three or more members, while the other 99 members are elected by the B party, by unanimous constituencies of in all 990,000. Then the A party which has elected 100 representatives, and therefore has a majority in the assembly, will have only received the votes of 510,000 electors, while the B party, which has only 99 representatives, will have received the votes of 490, 000 -f 990, 000 =1,480,000 electors, or more than 74 per cent. /. e., very nearly three-fourths of the 1,990,000 electors. This is, of course, an extreme and improbable case, imagined to illustrate what majority voting may possibly do in the way of putting the minority in the place of "the majority, but many very much more probable distributions of votes might be suggested, which would produce substantially the same result, i. e., that the majority of representatives would correspond to the minority among the electors. Moreover, such cases arc known to have repeatedly occurred in practice. In the United States the President is not ikctod l>y a direct vote of all citizens entitled by the franchise, but by a body of electors in a repre- sentative assembly, of whom a certain numljer, from 35 in New York to 1 in Nevada, are elected by each State, all the citizens of a State voting as a single constituency. At three of the four presidential elections next preceding the civil war of 1H71, the successful candidate only received a minority of the popular vote. Thus (iencral Taylor hail only 1,362,242 votes, when Cass and Van liurun had between tlicin I,.Tir),173 votes. Mr. Buchanan, again, had only 1,838,229 votes, wiiile Fremont and Fillmore haut even without j^oing outside Kngli.sli politics, anyone who examines carefully the opinions from time to time advocated \>y these two parties on those questions of domestic and foreign policy which from time to time j>romin- ently occupy jniblic attention, will, F think, come to the conclusion that Jiot nnfntjuently the members of each party are kept in agreement with each otiier far more by reluctance 84 APPENDIX. to separate from their common organization (which under majority voting is the condition of their exercising any political influence) than by any of the principles which they hold in common. And when we look beyond the United Kingdom to other countries where representative government with majority voting has been for a long time in operation, to the United States, to Switzerland, or to Belgium, we shall find everywhere the same di\nsion into two and only two parties, but the character of the party division varying in different countries. In the United States the distinguishing characteristics of the rival parties have nothing whatever in common with those of our Liberals and Conservatives, and this is also true of the Independents and Radicals of Geneva. We find, moreover, that the same party divisions usually run through all elections, whether federal, State, or municipal, or, as the case may be, national or municipal, though there is no connection between the questions to be dealt with by the different sets of representatives. These phenomena I cannot explain by any theory of a natural division between opposing tendencies of thought, and the only explanation which seems to me to account for them is that the two opposing parties into which we find politicians divided in each of these countries have been formed and are kept together by majority voting. PARTIZAN GOVERNMENT. By Wm. D. LeSneur. From the North American Eeview ; Vol. GXXXIT. (1881). In an article already referred to as written some years ago, we expressed ourselves as follows, on the subject of party journalism: "It is not the bitterness of political discussion that seems to us the worse result of the party system ; it is its amazing hollowness. A reasonable man is simply lost in amazement as he reads, day after day, in ably edited journals, whole columns of writing in which there is hardly the faintest gleam of sincere conviction to be discerned. Day after day the same miserable evasions, the same varnishing over of unsightly facts, the same leiterations of unproved charges against opponents, the same taking for granted of things requiring proof, the same proving of things that nobody questions, the same hypocritical appeals to the good sense of electors whom every effort is being used to misinform and confuse, the same dreary, unmeaning platitudes, — in a word, the same ixtter abuse of the reasoning faculty and of the functions and privileges of a free press. Of course, so long as both sides indulge in this kind of thing, each can make out at least a partial case against the other ; and so a constant crossfire is kept up in the exposure of misrepresentations and the rectification of all that has been set down in malice or unduly extenuated on one side or the other. To-day, a good point is made by the oppo- sition ; to-morrow, it will be returned to them, if possible, with interest. Such is the paity system of political warfare — a system which ought to have won the admiration of Archdeacon Paley, since it possesses the crowning attribute which was lacking to that celebrated watch of his, the power, namely, of perpetually reproducing itself." Now, in so far as this language is applicable to the political controversies of to-day, — and few will deny it a certain apijlicability, — it becomes the duty of all who have it in their power to influence public opinion independently of party, to call attention in season and out of season to the utter insincerity of the whole performance. If people answer that they do not look for sincerity in political journals, and that for their own part all they want is to hear aU possible good of their own side and all possible evil of the other, nothing more can be said ; they must die, if they are determined to do so, in their sins. Some, it must be allowed, though they are not likely to make such an avowal, might do so with truth ; for there are misguided individuals in the community who outdo in party bigotry PROPORTIONATE REPRESENTATION. 85 the most ^^olent of their leaders, just as there are lay devotees who far outdo their priests in superstition. On the other hand, there are many who have a tincture of fair-mindedness, and some respect for their own understandings, and who would be inclined to resent any deliberate attempts to befog and befool them. To these an appeal on behalf of rational and decent methods in political discussion may hopefuUj- be made ; not in the expectation, as we have before said, of doing away ^^^th parties and caucuses, with managers and wire- pullers, but of leading these to recognize some limit to their powers. That parly controversy, is in general the merest parody of anything like legitimate and serious political argument, is easily shown to any one who is not himself a hopeless thrall to party ; and not less demonstrable is it that the systematic depreciation and abuse of public men tends to poison the whole political atmosphere and to educate the rising generation in a sicklj^ cynicism by robbing them of all opportunity of recognizing and admiring public virtue in their own land and time. Let genuine, unmistakable corruption be exposed and lashed ; and, if possible, let the operation be performed by some one who hates corruption in a friend even more than in a foe ; but let not errors of judgment receive the denunciation due only to deliberate misdoing. Where public services have been rendered, let them be cheerfully and unstintedly acknowledged ; and where a man has won a general character for uprightness, let his character be reckoned the property of the nation, and not a foot-ball for faction. Is not our country's richest inheritance, to-day, the character of the men who laid the foundations of her national greatness ? And shall it be said that the United States have ceased in the beginning of the second century of their independence to lay up this particular form of wealth ? It is sad to think to what a trade calumny has been reduced, and that instead of a growing faith in those who are called to the service of the republic, there should be an established conventional tone of mockery and distrust. Yet who is there, practically conversant with public affairs, who does not know, that, many as are the evils that fasten themselves on government, the general state of things is not as bad, or nearly as bad, as is conventionally represented, that public men in general are far more honest than they get the credit of being, and that we are really, to a large extent, walking in a vain show of political wickedness, produced wholly and solely by the persistent falsifications of unscrupulous party journals ? A vain show in one sense, for wickedness in the measure alleged does not exist ; but a most serious reality in another, for this constant talk about evil begets evil by begetting despair of good. PROPORTIONATE REPRESENTATION. By Frederick Seebohm. The Contemporary Review, Vol. XLIV., 18S3. In the first place, it must be recognized that a Parliament is only a device for conveniently arriving at the will of the nation after proper discussion. If a nation were one vast constituency, and could declare its will like a vestry, by a majority of direct votes on every question submitted to it, no system of representation would be needed. The process might be clumsy, and the proper discussion of each question imperfect, biil tin- result would be simple, and in theory it would be a true government by the majority. Put in practice such a mode of government by pWmcite would be full of evils. A nation cannot deliberate and act en masse, and hence arises the necessity for a system of representation. Now it is obvious that if instead of deciding each question by the direct vote of the whole nation, a certain number of members of Parliament were chosen by the majority of votes of the 86 APPENDIX. whole nation acting as one great constituency, Parliament would consist of members representing only the majority — i.e., the larger half of the people — whilst the smaller half of the people would l>e unrepresented. The discussion in Parliament might be thus all on one side, and it would be possible that the conclusion arrived at ])y a majority of votes in such a Parliament might express tiie opinion of little more than a fourth of the people. This, in a country pretty evenly divided in its political interests, would be recognized by every one as an altogether pernicious result — a complete failure of fair popular representation. For supposing, for instance, that there happened to be a contention of interests between trade and land, and that voters representing land had for the time the majority over those interested in trade. Parliament might find itself composed solely of landowners of various shades of opinion. The majority of these landowners might be the more bigoted half of their class ; and thus a Parliament of bigots as regards land, representing little more than a fourth of the nation, might adopt a policy of Protection and cripple trade in the supposed interests of land, even against the will of the better though smaller half of their own class. This is an extreme case, no doubt, but it is useful to put it, so that it may be seen clearly that government by the majority of a majority is no true popular representation. And further because it brings out [the fact that the division of the nation into a multitude of separate constituencies is, after all, a device for securing that fair representation, which dealing with the nation as one great constituency would fail to secure. In old times, when only certain privileged classes had votes, it was the only device thought needful to obtain true representation. And it remained so till the introduction of the rough attempt, contained in the last Reform Bill, to provide for the representation of minorities in three-cornered constituencies. PROPORTIONAL REPRESENTATION. Bij Robert B. Hayiuood. From The Nineteenth Century, Vol. XV. (1884). Mr. Cowen, in his fresh and vigorous speech at Newcastle, has seized this aspect of the question of reform, and well expressed it in the following words : — " What is it we want ? Is it not government of the people by the people for the people ? Parliament should mirror the spirit, wisdom, and interest not of a section only, but of the entire nation. The elected should be an epitome of the electors. The majority must govern, but the minority should be heard. That is scarcely the case now, and every year it gets less so." This then is real representation — that Parliament should be an epitome of the nation in all its variety. And does not this imply, when expressed in more formal, though less picturesque, language, that every group of electors who have common interests and common political sympathies and sentiments, should be represented in Parliament in due proportion to its numerical strength in the country ? This is what is intended by the phrase " Proportional Representation." Strictly speak- ing the word proportional is superfluous, for representation, so far as it is real and fair, must be proportional, and if it deviates very widely from proportionality, it ceases to be in any true sense reprenentation at all. But this word having been extended, or rather appropriated to the existing system, which I shall take the liberty of distinguishing in this paper as majority rei/resentation, and the phrase minority representation having been misunderstood or misrepresented, by those who are the slaves of phrases and catchwords, as implying that the minority should rule and not merely that it should be heard, the phrase " proportional re^jre- sentation " may be acce25ted as expressing the ideal representation which has been above described. THE PROPORTIONAL REPRESENTATION SOCIETY. 87 THE PROPORTIONAL REPRESEXTATIOX SOCIETY. By Sir John Lubbock. From The Nineteenth Century, Vol. XV. flSS4). Is there any way bj"- which we can reconcile these views, — by which we can secure for the majority the power which is their right, and at the same time preserve for the minority that fair hearing to which they are justlj' entitled ? The present system, then, renders the result of a general election uncertain, and to a large extent a matter of chance ; it leads to violent fluctuations in the balance of political power, and consequently in the policy of the country. In fact the present system may be good or may be bad, but it is not representation ; and the question is whether we wish for representation in fact or in name only. The adoption of proportional representation moreover would raise and purify the whole tone of political contests. What do we see now when there is a contest in any of our great northern cities ? The majority of the Irish electors, instructed by the honourable member for Cork, withhold their votes. They do not consider the prosperitj' of the Em[jire as a whole, but what they regard as the advantage of Ireland. I do not blame them. They do not seem to me wise : yet I can sympathise with their devotion, mistaken though I think it is, to their own island. Then some deputy in the conlidence of the Home Rule party has more or less clandestine and secret interviews with the candidates or their leading supporters. We hear the most opposite accounts of what has occurred. Each side accuses the other of truckling to the Home Rule Party, and selfishly imperilling the integrity of the Empire. It must be very unsatisfactory to all concerned ; and it would be far better if Liverpool had eight votes, and the Home Rulers there are sufficiently strong to return a Home Rule mem- ber, than that they should extract doubtful pledges from reluctant candidates. Moreover, the geographical differentiation of political views tends to become more and more accentuated, and might, I think, constitute a real danger. At present Scotland is overpoweringly Liberal, while the south-eastern counties of England, with scarcely an exception, are rejjresented by honourable members sitting on the opposite side of the House. It is but a small consolation to the unrepresented Liberal of Kent to be told that the Con- servatives of Scotland sliare the same grievances, and are as badly off as they are. But further than this, it will be a great misfortune to the country if one part becomes and continues overwhelmingly Liberal and another Conservative — if their distinctive differ- ences become questions of geography and locality rather than of opinion. Tlie different por- tions of our Empire are not yet so closely fused that we can afford to despise this danger. In my own county we look upon the shires as distinctly lower aiul less civilised than wc are. America might have been spared a terrible civil war if the ]jrinciplo of proportional representation had been recognized in the composition of the House of Representatives. This was forcildy pointeil out in the report unaiuinously adopted by the Conimittce of the United States Senate appointed in 1809 to consider the question of representative reform. "The absence (they say) of any provision for the representation of minorities in the States of the South when rebelliou was plotteil, and when open steps were taken to break the Union, was unfortunate, for it would have held the Union men of those States together, anre.s( iit system is delicient, since it docs not secure cither that the majority slionlil (^'ovcrn, or that 92 APPENDIX. the minority should be heai-il, while it prevents a large part of the electors expressing their views on social and other questions which are not matters of party politics, and places the choice of candidates almost entirely in the hands of party organizations. We have pointed out that these difticulties are likely to be increased by the Franchise Bill. We have examined the proposal to form equal electoral tlistricts and have shown that it ■«ill not accomplish its objects while it will introduce fresh evils. We have examined the schemes for proportional representation and have shown that they would all secure that the majority would govern on party questions ; that all considerable sections of the nation would be heard ; and that two of these schemes have been proved by experience to present no practical difficulty in working. We have stated the objections which have been alleged against the third plan — that of alternative or transferable voting — and shown that they can all be avoided, and that this scheme is free from any objection that is found in the present system or in the systems of limited and cumulative voting. We have pointed out the few simple rules which would make its working certain and rapid ; and lastly, we have shown that it could be introduced gradually without any sudden changes, and also without the loss of the political life and political history which are to be found in many of our present constit- uencies. This is no party question ; it is in the truest sense conservative, securing that no one class shall overwhelm the other by its numbers, and preventing any extreme party obtaining from a wave of popular feeling a control over the legislature ; but it is equally a liberal measure, providing for the growth and improvement of our institutions, giving to all parties and classes their share in the government of the country, and enabling the majority of the people always to rule. Societies for the promotion of these views are now to be found in most of the nations of Europe, and the support they have received seems to point to the near approach of the time when they will be everywhere recognized as necessary to secure a good representative system. England, which has taught the principles of freedom to all other nations, will not, it maj^ be hoped, be the last in recognizing the importance of these improvements in securing that the House of Commons shall be the true exponent of the people. PARTY STRUGGLES. From " Ungland and Canada," ISSJf. By Sand ford Fleming, The diflSculty with our present system lies in the fact that the interests of party must be consulted, whatever the cost, whatever the sacrifice. Party takes precedence of every other consideration. Party seems to cloud the judgments of men who, in many instances, are irreproachable in private life. Public men seem to act on the principle that there is one creed and language for the hustings, the press and parliament, and another for social inter- course. The Canadian Pacific Railway has been considered a political question during three administrations, and has played an important part in party warfare. Every year, since 1871, motion after motion has been made in Parliament relating to engineering operations and the mode of conducting the work. Seldom have there been such acrimonious discussions. Frequently the whole debate was dictated by the party results supposed to be obtainable. Committee followed Committee, year after year, in the Senate and House of Commons, nominally to investigate matters, in reality to create party capital. Who now can point out THE DESPOTISM OF PARTY. 93 the slightest result from all these efforts ? Two Koyal Commissions of special enquiry were appointed. The first made no report ; the second prolonged its sittings for two years, at a cost of some $40,000 to the country. What remains of the labours of those Commissions beyond the items of their cost in the public accounts ? The report of the second Commis- sion was contained in two bulky volumes. The record of an attempt for partj' ends to blast the reputation of men who had given the best years of their lives to the performance of public duty. When this report was considered it was held to be so valueless that it has never been circulated. In Canada we enjoy a liberal constitution, and it may be affirmed that it is the ordy principle of authority which, as a people, we would tolerate. It cannot, however, be said that in its present form our system of government is an unmixed blessing. We may ask if representative government is ever to be inseparable from the defects which form the most striking feature in its application and administration, especially on this continent. Must a country constitutionally governed be inevitably ranged into two hostile camps ? One side denouncing their opjjonents and defaming the leading public men of the other, not hesitating even to decry and misrepresent the very resources of the community and to throw obstacles in the way of its advancement. Never was partyism more abject or remorseless. Its exigencies are unblushingly proclaimed to admit the most unscrupulous tactics and the most reprehensible proceedings. Is there no escape from influences so degrad- ing to public life and so hurtful to national honor ? It is evident that the evils which we endure are, day by day, extending a despotism totally at variance with the theory and principles of good government. Possibly Canada may be passing through a phase in the earlier stage of her political freedom. Can we cheer ourselves by the hope that institutions inherently good will clear themselves from the slough into which they unfortunately may be immersed ? May not the evils of partyism at last become so intensified that their climax will produce a remedy ? As by natural laws a liquid in the j)rocess of fermentation purifies itself by throwing off the scum and casting the dregs to the bottom, so may we be encouraged to believe that we are approaching the turn- ing period in the political system we have fallen into, and that year by year Parliament will Vjecome less and less a convention of contending party men and be elevated to its true position in the machinery of representative government. Public life will then become more ennobling ; it will, indeed, be an object of ambition foi-^ieu of honour and character to fill places_in the Councils of the Nation, when rectitude of purpose and patriotism and truth wil^ be demanded in all and by all who aspire to positions of national trust and dignity. THE DESPOTISM OF PARTY. Bu Herbert Tuttle. From Atlantic MotUhly, Vol. LIV., ISS4. The party becomes a species of impermiii in impe.rio. Its form-:, its agents, its organs are closely patterned after those of the state ; it exercises the groat fuiictiDtisof govorninent ; it has its hierarchy of officials, acting within the circumscriptions, and ranging tlirough all the grades which obtain in our political system. These officials feel the responsibility of tlicir positions, which they compare to places of trust in civil adniini.stration. 'I'lie Htrugi,de8 for place within the party are scarcely less keen than tlie stnigglcs for political life ; the same arts of intrigue and persuasion are used ; the same acquiescenco in the result of a contest is always expected, and rarely withheld. Thus the force of ima^,'inatinn alone, excited I)y the constant spectacle of this vast macliine, completely equipped and manned and alw.ayH in movement, leads people to regard it as a pennanent institution, having a corjwrate existence 9-J- APPENDIX. in the state, and therefore entitled to be treated as an end in itself, and not as a means to th& attainment of an end. It is not, however, by the imagination alone that this illusion is maintained. This of itself would make the error dangerous ; but it has, besides that, led to the announcement of certain audacious propositions, and even to measures of actual legislation, which grossly confuse the distinction between a political party and a political commonwealth, and disclose a fatal tendency toward the very evil against which Mr. Webster ao solemnly warned his countrymen Let us inquire for a moment to what, if pushed to its logical consequences, the politi- cians' view of party would lead. It is known that they abhor independents, and often express the patriotic opinion that every citizen should join a party. The majority in each party should again control its action, and the minority should frankly obey. A careful organization, with executive agents and representative assemblies would furnish the machinerj' for making the system effective. This seems to be a fair statement of the politicians' ideal. Now what would be the result if this ideal were realized ? The result would be to collect the voters of the country into two or three great parties, held together by inflexible rules of discipline and fealty, and each forbidden in effect to allow desertion or to receive deserters. As no changes of allegiance could take place, the relative strength of parties would be changed from year to year only by the death of existing members, and the enrollment of new ones fi'om young men just reaching their majority, and from newly natui-alized immigrants. But even this element of uncertainty can be somewhat reduced. The annual death-rate would probably bear the same ratio to the total membership in all the parties. Again, young men generally follow in the ijolitical footsteps of their fathers ; and as the birth-rate in the various parties would be also approximately equal, the balance of power would be little affected from this cause. We are confined, therefore, to the immigrants ; they would hold the key to the situation. If now it be assumed that the Irish would in general go to one party, and the Germans to the other, the issue would really lie between these two classes, which compose the great body of our foreign population. The problem of immigration would assume a new and startling interest. One party would find a potent ally in Irish famines, which encourage emigration from the Emerald Isle. The other would have a keen sympathy with the high taxes and the military system of Germany, which drive so many excellent men from the fatherland. The battles of American politics would be fought out by immigration agents and runners for the rival steamship lines, all liberally supplied with money from the campaign funds of the parties, and perhaps also with platforms, to be posted in the leading seaports and distributed by colporteurs in the interior. REPEESENTATIVE GOVERNMENT. By John Stuart Alill, 1884- Two very different ideas are usually confounded under the name democracy. The pure idea of democracy, according to its definition, is the government of the whole people by the whole people, equally represented. Democracy as commonly conceived and hitherto prac- tised, is the government of the whole people by a mere majority of the people, exclusively represented. The former is synonymous with the equality of all citizens ; the latter, strangely confounded with it, is a government of privilege, in favour of the numerical majority, who alone possess practically any voice in the State. This is the inevitable consequence of the manner in which the votes are now taken, to the complete disfranchisement of minorities. The confusion of ideas here is great, but it is so easily cleared up, that one would suppose REPRESENTATIVE GOVERNMENT. 95 the slightest indication would be sufficient to place the mattei- in its true light before any mind of average intelligence. It would be so, but for the power of habit ; owing to which the simplest idea, if unfamiliar, has as great difficulty in making its way to the mind as a far more comphcated one. That the minority must yield to the majorit)', the smaller number to the greater, is a familiar idea ; and accordingly men think there is no necessity for using their minds any further, and it does not occur to them that there is any medium between allowing the smaller number to be equally powerful with the greater, and blotting out the smaller number altogether. In a representative body actually deliberating, the minority must of course be oveiTuled ; and in an equal democracy (since the opinions of the con- stituents, when they insist on them, determine those of the I'epresentative body) the majority of the people, through their representatives, will outvote and prevail over the minority and their representatives. But does it follow that the minority should have no representatives at all ? Because the majority ought to prevail over the minority, must the majority have all the votes, the minority none ? Is it necessary that the minority should not even be heard ? Nothing but habit and old association can reconcile any reasonable being to the needless injustice. In a really equal democracy, every or any section would be represented, not dis- proportionately, but proportionately. A majority of the electors would always have a majority of the representatives ; but a minority of the electors would always have a minority of the representatives. Man for man, they would be as fully repi-esented as the majority. Unless they are, there is not equal government, but a government of inequality and privilege : one part of the people rule over the rest : there is a part whose fair and equal share of influence in the representation is withheld from them ; contrary to all just government, but above all, contrary to the principle of democracy, which professes equality as its very root and foundation. The injustice and violation of principle are not less flagrant because those who suffer by them are a minority ; for there is not equal suffrage where every single individual does not count for as much as any other single individual in the community. But it is not only a minority who suffer. Democracy, thus constituted, does not even attain its ostensible object, that of giving the powers of government in all cases to the numerical majority. It does some- thing very different : it gives them to a majority of the majority ; who may be, and often are, but a minority of the whole. All principles are most efifectually tested by extreme cases. Suppose then, that, in a country governed by equal and universal suffrage, there is a con- tested election in every constituency, and every election is carried by a small majority. The Parliament thus brought together represents little more than a bare majority of the people. Ihis Parliament proceeds to legislate, and adopts important measures by a bare majority of itself. What guarantee is there that these measures accord with the wishes of a majority of the people ? Nearly half the electors, having been outvoted at the hustings, have had no influence at all in the decision ; and the whole of these may be, a majority of them probably are, hostile to the measures, having voted against those by whom tiiey have been carried. Of the remaining electors, nearly half have chosen representatives who, by 8U)>position, have voted against the measures. It is possible, therefore, and not at all improbable, that tlie opinion which has prevailed was agreeable only to a minority of the nation, though a majority of that portion of it, whom the institutions of the country have erected into the ruling class. If democracy means the certain ascendancy of the majority, there are no means of insuring that, but by allowing every individual figure to tell cfiually in the sunnning uji. Any minority left out, either purpo.sely or by the play of tlie machinery, gives tlie power not to the majority, but to a minority in some other part of the scale. . . . Is it not a great grievance, that in every Parliament a very numerous portion of the electors willing and anxious to be represented, have no member in tiic House for whom tlicy have voted? Is it just that every elector of Maiyleboiu; is obliged to be represented )>y two nominees of the vestries, every elector of Kinsbury or l.aml)etli by tliose (as is generally believed) of the publicans '! The coustituenciea to which most of the higiily 96 APPENDIX. educated and public spirited persons in the country belong, those of the large towns, are now, in great part, either unrepresented or misrepresented. The electors who are on a different side in party politics from the local majority, are unrepresented. Of those who are on the same side, a large proportion are misrepresented ; having been obliged to accept the man who had the greatest number of supporters in their political i^arty, though his opinions may differ from theirs on every other point. The state of things is, in some respects, even worse than if the minority were not allowed to vote at all ; for then, at least the majority might have a member who would represent their own best mind ; M'hile now, the necessity of not dividing the party, for fear of letting in its ojjponents, induces all to vote either for the first person who presents himself wearing their colours, or for the one brought forward by their local leaders ; and these, if we pay them the compliment, which they very seldom deserve, of supposing their choice to be unbiassed by their personal interests, are compelled, that they may be sure of mustering their whole strengh, to bring forward a candidate whom none of the party will strongly object to — that is, a man without any distinctive peculiarity, any known opinions except the shibboleth of the party. This is strikingly exemplified in the United States ; where at the election of President, the strongest party never dares put forward any of its strongest men, because every one of these, from the mere fact that he has been long in the public eye, has made himself objectionable to some portion or other of the party, and is there- fore not so sure a card for rallying all their votes, as a person who has never been heard of by the public at all until he is produced as the candidate. Thus, the man who is chosen, even by the strongest party, represents perhaps the real wishes only of the narro w margin by which that party outnumbers the other. Any section whose support is necessary to success, possesses a veto on the candidate. Any section which holds out more obstinately than the rest, can compel all the others to adopt its nominee ; and this superior pertinacity is un- happily more likely to be found among those who are holding out for their own interest, than for that of the i:)ublic. The choice of the majority is therefore very likely to be determined by that portion of the body who are the most timid, the most narrow-minded and prejudiced, or who cling most tenaciously to the exclusive class-interest ; in which case the electoral rights of the minority, while useless for the purposes for which votes are given, serve only for compelling the majority to accept the candidate of the weakest or worst portion of themselves. That while recognising these evils, many should consider them as the necessary price paid for a free government, is in no way surprising : it was the opinion of all the friends of freedom, up to a recent period. But the habit of passing them over as irremediable has become so inveterate, that many persons seem to have lost the capacity of looking at them as things which they would be glad to remedy if they could. From despairing of a cure, there is too often but one step to denying the disease ; and fi-om this follows dislike to having a remedy proposed, as if the proposer was creating a mischief instead of offering relief from one. People are so inured to the evils, that they feel as if it were unreasonable, if not wrong, to complain of them. Yet, avoidable or not, he must be a purblind lover of liberty on whose mind they do not weigh ; who would not rejoice at the discovery that they could be dis- pensed with. Now, nothing is more certain, than that the virtual blotting out of the minority is no necessary or natural consequence of freedom ; that far from having any connexion with democracy, it is diametrically opposed to the first principle of democracy, representation in proportion to numbers. It is an essential part of democracy that minorities should be adequately represented. No real democracy, nothing but a false show of democracy, is possible without it. Those who have seen and felt, in some degree, the force of these considerations, have proposed various expedients by which the evil may be, in a greater or less degree, mitigated. Lord John Piussell, in one of his E.eform Bills, introduced a pi-ovision, that certain constitu- encies should return three members, and that in these each elector should be allowed to vote only for two ; and Mr. Disraeli, in the recent debates, revived the memory of the fact by REPRESENTATIVE GOVERNMENT. 97 reproaching him for it ; being of opinion, apparently, that it befits a Conservative statesman to regard only means, and to disown scornfully all fellow-feeling with any one who is betraj^ed, even once, into thinking ends. Others have proposed that each elector should be allowed to vote only for one. By either of these plans, a minority equalling or exceeding a third of the local constituency, would be able, if it attempted no more, to return one of the three members. The same result might be attained in a still better way, if, as proposed in an able pamphlet b}' Mr. James Garth Marshall, tlie elector retained his three votes, but was at liberty to bestow them all upon the same candidate. These schemes, though inlinitely better than none at all, are yet but makeshifts, and attain the end in a very imperfect manner ; since all local minorities of less than a third, and aU minorities, however numerous, which are made up from several constituencies, would remain unrepresented. It is much to be lamented, however, that none of these plans have been carried into effect, as any of them would have recognized the right principle, and prepared the way for its more complete appli- cation. But real equality of representation is not obtained, iinless any set of electors amounting to the average number of a constituency, wherever in the country they happen to reside, have the power of combining with one another to return a representative. This degree of perfection in representation appeared impracticable, until a man of great capacity, fitted alike for large general views and for the contrivance of practical details — Mr. Thomas Hare — had proved its possibility by drawing up a scheme for its accomplishment, embodied in a Draft of an Act of Parliament ; a scheme which has the almost unparalleled merit, of carrying out a gi'eat principle of government in a manner appi'oaching to ideal perfection as regards the special object in view, while it attains incidentally several other emls, of scarcely inferior importance. According to this plan, the unit of representation, the quota of electors who would be entitled to have a member to themselves, would be ascertained by the ordinary process of taking averages, the number of voters being divided by the number of seats in the House : and every candidate who obtained that quota would be returned, from however great a number of local constituencies it might be gathered. The votes would, as at present, be given locally ; but any elector would be at liberty to vote for any candidate, in whatever part of the country he might offer himself. Those electors, therefore, who did not wish to be represented by any of the local candidates, might aid by their vote in the return of the person they liked best among all those throughout the country, who had expressed a willing- ness to be chosen. This Avould, so far, give reality to the electoral rights of the otlierwise virtually disfranchised minority. But it is important that not those alone who refuse to vote for any of the local candidates, bat those also who vote for one of them and are defeated, should be enabled to find elsewhere the representation whicli they have not succeeded in obtaining in their own district. It is therefore provided that an elector may deliver a voting paper containing other names in addition to the one which stands foremost in his preference. His vote would only be counted for one candidate ; but if the object of his first choice failed to be returned, from not having obtained the quota, his second perhaps might bo more fortunate. He may extend his list to a greater number, in the order of his preference, so that if the names which stand near the top of the list either cannot make up the quota, or are able to make it up without his vote, the vote may still be used for some one whom it may assist in returning. To obtain tlie full number of mcmliers re(|uired to complete the House, as well at-nvcc. Party differences, properly .so-called, are supposed to indicate intellectual, ur mtiral, or historical preference ; but these go a very little way down into the population, and by the bulk of partisans they are hardly understood and soon forgotten. "(Juelf " and " (ihilK'liine" had once a meaning, but men were under perpetual banishment from their native lanil for belonging to one or the other of these parties long after nobody knew in what the diffcronco consisted. Sonic men are Tories or Whigs by conviction ; but thousands upon tliou.sands of electors vote simply for yellow, blue, or purple, caugiit at most Ity the appeals of some popular orator. It is through this great natural tendency to take sides that the Wire-puller works. Without it ho wouM be powerless. His business is to fan its (lame; to keep it constantly acting upon the man who has ftnce declared himself a partisan ; to make escape from it difii- cult and distasteful. His art is that of a Nonconformist preacher, who gave importance to 102 APPENDIX. a body of comnionplaoe religionists by persuading them to wear a uniform and take a mili- tary title, or of a man who made the success of a Temperance Society by prevaihng on its members to wear always and openly a blue ribbon. In the long-run, these contrivances cannot be confined to any one party, and their effects on all parties and their leaders, and on the whole ruling democracy, must be in the highest degree serious and lasting. The first of these effects will be, I think, to make all parties very like one another, and indeed in the end almost indistinguishable, however leaders may quarrel and partisan hate partisans. In the next place, each party will probably become more and more homogeneous ; and the ut i>f mere party interests, upon principles which are neither sound, stable, or generally believed in, we may well be excused for doubting whether this " excellent mechanism "is " tlie most satisfactory that the wit of man has yet devised for the management of the all'airsof a state." Every one is expected nowad.ays to sacrifice his judgment, and even In's conscieuce, at tlie shrine of party, even though his party liave no policy, and be guided liy no intelligent principles. Having once given his adherence he will be expected to support it for all time, however it may change its policy or depart from its ](riin'ip!cH ; ho will be expccti.d In cHpouHc its quarrels, condone its blunders, and credit it with a monnpoly of wisdom and right motives. This, it is obvious, is not so much allegiance as mental slavery. Combined action is no doubt 110 APPENDIX. necessary in onler to cany into effect common opinion. But the necessity for combined action ceases the moment the opinion ceases to be common. Party spirit ought not to be merely esprit tie corps, but an entente cordiale. The extent to which party dominates poUtics in the present day is almost unexampled in our history. Party considerations inspire our political programmes, determine the policies of our governments, and decide the result of most divisions. Each party trims its sails to catch the poi^ular breeze, each member gives his vote to keep in office or retain his seat. Hardly a thought is given to the national interest, Init rather is it openly avowed that a particular line is taken in the interests of party, and apart from higher considerations. . . Public spirit is crushed out by party spirit, and with few exceptions our legislators lack the courage to be honest. They seldom, if ever, speak fi'eely the thing they feel, and we \vait in vain for a frank expression of jjersonal conviction. When occasions arise which call for plain speaking, our politicians are dumb ; and we can only conclude that they do not know or ai'e too cowardly to say. Nor is this all. What makes matters worse is that there is so little attempt to disguise the fact, and so little general feeling among professional politicians, that the whole thing is unedifying and discreditable. Our High Court of Parlia- ment scarcely affects to be actuated by high motives. Oi)portunism is the thing thought of, and statesmanship is becoming a byword. What is expedient for the party at the moment, not what is expedient for the country in the long run, is the dominant factor in parliamentary calculations. " Political considerations must prevail," though other and higher objects have to be sacrificed. To get the better of one's opponents is the highest of political ambitions, and to divest oneself of pi-inciples likely to jeopardise electoral prospects is the first duty of the modern statesman The chief objection to political organisations is, that though they profess to give ex- pression and effect to public opinion, they in fact do much to control and stifle it. Public opinion is the growing, fluctuating, ever-varying sentiment of society. It is a highly- sensitive and impressionable entity, swayed at times by a breath or moved deeply by a thought, liable both to gradual change and to violent transformation. It it obvious that no permanent organisation with fixed aims can ever hope to represent so intangible a quantity. Nor can any organisation however perfect do otherwise than destroy its mobility, which is really its life and essence. Least of all can any political association with its party name, its party shibboleths, and party prejudice, hope to represent its finer shades, or even, for long, its bolder outlines ; and certainly none such can be trusted to form and mould it. The natural tendency of all such organisations, whatever their professed object may be, is to manufacture, not represent, public opinion. They can but imperfectly represent it, and must inevitably tend to mar it. They both force and check the common feeling by driving divergent opinions into one rigid mould. They crystallise a sentiment which ought to remain free, and arrest a current which should continue to flow. They encourage mental indolence by supplying electors with a ready-made political creed, and destroy independent thought by asking them to surrender the right to form an opinion. These are evils almost necessarily inherent in any system of organisation, but they are greatly aggravated in the case of party organisations, by joining which a man undertakes to blindly follow one side and as blindly oppose the other ; to support everything done or proposed to be done by one party, and denounce everything done or proposed to be done by the other. He shuts himself out from taking a true and impartial view of jjolitics by entering an association which encourages political ignorance by looking at questions from only one point of view and by suppressing unpalatable truths. He, in short, rehnquishes all cliim to that love of fair play which is supposed to be characteristic of Englishmen. Besides the danger of a mechanical working of the vote in obedience to a small knot of wire-pullers, who are rather partisans than politicians, there is the further danger of a PARTY GOVERNMENT. Ill mechanical -working of Parliament in obedience to the same high authorit}' ; the practical effect of organisation being to enable a small body of voters to dictate on the one hand to electors for whom they shall vote, and on the other hand to Parliament for what it shall vote. Thus supreme power is vested in an oligarchy who usurp the right of electors on the one hand and the functions of Parliament on the other A member of Parliament is a representative or nothing. He goes to Parliament to represent a constituency, and can never be whollj' independent. On the other hand, he is not a mere delegate, the mere mouthpiece of a caucus. If he were wholly independent the country would be unrepresented, and if a mere delegate Parliament would be a mere voting machine. It is impossible for the electorate to determine the details of government and legislation, and any attempt to usurp this function would inevitably tend to lower the character of Parliament Parliament is a deliberative assembly, not a mere voting machine, nor ought its members to be mere lay-figures. They ought, to the best of their ability, to form an honest opinion, upon the arguments placed before them, as to what is best for the whole community. And how can this be possible, as Burke pertinently asks, " when one set of men deliberate and another decide." A member of Parliament, moreover, ought to be able to see, and does generally see, further and more clearly than his constituents. He should be, and generally is, able to interpret the national will moi'e correctly and more courageously than a caucus It is surely time that the world began to realise how false is the sentiment which would have us believe that to stifle our judgments and our consciences is a high political virtue, and that to possess common courage and honesty is a political stigma. The sentiment is the direct result of party spirit. The party virus has spread over the whole political system till no part of it is free from the taint. And if we do not crush the evil, it will assuredly crush us. Party spirit, with its evil influence, is more or less inseparable from party govern- ment . . . The a Ivantages of party discipline are almost insignificant beside its evils, beside its moral cowardice and insincerity, its want of principle and indifl'erence to the public interest, .no one can view without some feeling of disgust the cavilling and bickering, the maligning misrepresentation and calumny, which pass for political criticism, and which are the chief artifices of party warfare. The party system is rotten at the core. Vet this is the system by which we test the purity and usefulness of our institutions and tlie value of our legislation. . . . We cannot wonder that high-minded men should shrink from the prospect of becoming mere party hacks and of giving up their self-respect for the sake of being mere puppets on the parliamentary stage. As well might we e.xpect a Salvini to conform to the taste of a transpontine gallery. And it i.s to the party politician and wirepuller that we owe this deplorable state of things. Between them they are doing their best to make the most independent assembly in the world a mere raacliine impelled by unworthy motives, and arc converting an honourable pursuit into a trade of sharp ])ractice and trickery. PAi; TV COVKK.NMK.NT, Froiii Wentmbniter llevinv, Vol. J.XIX, issr,. At first sight, a system of government by i)arty ueems unfcignediy ridiculous. But the fact that it exists, and th.-it the enthuHia.sni of most men i.s attached to tlie one side or the other, the absurdity of tlie arrangement must have been painfully evident long ago. That the 112 APPENDIX. work of govermiieiit should be done for a time by one set of men, while another set do nothing but cavil at them, and that when their criticisms have brought about some catas- trophe the cavillers should do the work of governing the nation, while those who were latel}'^ in power become the critics, does not, at first sight, commend itself to one's mind as at all a rational system. It is difficult to believe that the country has, at any one time at its disposal, two sets of men equally capable of governing ; and even if we were convinced of the fact that it was so fortunate, we should think it a curious waste of the highest moral and intellectual power which the country can produce, that while the one set were doing the work, the other set should be doing their best to make it impossible for the first to discharge their all-important diities. Such a method has never been tried in the transaction of any other business than that of government. Had it had any inherent excellence, surely we should have found it in other departments of affairs. Its continued existence in relation to the art of governing is to be accounted foi-, as we shall see, not by its efficiency, but by other circumstances which of themselves go far to discredit it, as an institution. But against this view, we have no doubt the startling fact that party government is not a new thing, and that it seems on the whole to have worked fairly well, or at least without positive disaster to the country. We confess our entire allegiance to facts, and are willing to admit, as a rule, that that which works well is a great deal better than that which can be reasoned well about. But the fact that government by i^arty has not been productive of disaster, is only to be accounted for by the circumstance that, whenever an emergency has arisen which would test the efficiency of the system and find it wanting, the common sense of men in and out of office, came to the front, and that which was necessary to be done was done by all concerned without any regard to the system of govei-nment by party. Every reader of the daily prints has become familiar with the phrase, "this is not a party question," applied with increasing frequency to matters which would formerly have been regarded, and which in many instances are still regarded, as fair fields for party tights. But that of itself seems to indicate that this system of government is like an unsea worthy ship which may sail well enough on smooth seas, but which will go to pieces under any stress of weather. The wisdom of those on board has been shown in the past by deserting the good ship — Party — whenever the skies threatened It is surely too obvious that if party government is the system of ruling, the object of the ins will be scarcely so much to govern well as to keep office. The objects of the " outs " will be not to see that the ins govern well, but to make it impossible for them to govern at all, and to demonstrate their incapacity to the country, and to secure the power for themselves Now the position that the existence of party is essential to healthy parliamentary government does not seem to us to be at all a strong position. And if we can disprove the necessary connection between the existence of popular government and the organization of parties in the State, we shall have disposed of the only reason which seems to be urged for an institution which it is admitted on all hands, has little else to recommend it, and has innumerable features, as these writers have shown, which discredit it. We have pointed out that at one time, when great dynastic and other questions impor- tant to the very life of the nation were in the arena of politics, there was a reason for parties in politics. No doubt civil war can only be carried on by means of parties, but it does not therefore follow that government can only be carried on by a sort of smothered ci\al war. In our time, were it not that party is a means of raising the temperature of lukewarm enthusiasm — were it not that the war of parties is a foolish survival of primitive savagery which serves the purpose of the few ambitious men who are able to make themselves the leaders of these factions, we are convinced that parties would cease to exist. No doubt when civil war was in question the currents of thought might be well compared to two main streams. They are like rivers which made their own ways through the obstructions of the land. Now, however, party thought is like a watercourse which is made to flow in a certain PARTY GOVERNMENT. 113 / Alfred Austen. From tlie National Review, Vol. VII. 1SS6. 1 see symptoms of this demoralization of the public conscience in every direction, and I trace it, for the most part, to the corrupting influence of Party politics, in which un- fortunately, the whole community now take part. ... If one mercilessly thinks it out does it not become painfuUy apparent, that by the very operation of Party politics, every prominent politician in the House of Commons is being perpetually tempted and tormented by his friends not to be honest, and perpetually assailed and harrassed by his foes in order to be made not to appear honest ? Government by Party necessarily entails the continual surrender by a man of his convictions, in order to keep his party together ; and if he be in the Cabinet, or in the Ministry, he will be fortunate if he be not called upon at times to defend in debate what he has opposed in council. This is what he has to thank his friends for. As for his foes, they try to trip him up on every possible occasion, to make him look inconsistent, incapable, and generally contemptible. In a word, and to put the operation of Party politics in as succinct a form as possible, each half of the nation is employed, morning, noon, and night, from year's end to year's end, in proving the other half fools and tricksters. For this end, no shaft of ridicule, no craft of speech, no device of invective is spared. And does anyone suppose that you can demoralize a people politically, and leave them moral and manly in matters into which politics do not or should not enter? ... Of cleverness in political life, there is an unfailing supply. But one ounce of character is worth a ton of ability, and, unhappily, it is character that is wanting. Conviction, courage, and a tranquil but immovable Mill, these are the constituents of character. When are we to look for them in public life ? . . . PARTY OR EMPIRE. From the National Review, August 1SS6. The days of Party Government in the old constitutional sense, are numbered. The reign of its decrepitude is to be read alike in the growth and in the collapse of the caucus. . . . We are aware that many will scout the bare idea of such a possi})ility, and they will point to America as a country in which the Party system has continued to work, tliough the division of parties has long ceased to carry with it any rational signiticance. Hut we deny that any conclusion applicable to England can be drawn from the United Slates, a nation not weighted with the necessity of a foreign policy, not connected in a common syHtcni with a number of independent and alien States, a Government in which the E.xecutive is practically independent of the Legislature and in which the popular House of Representatives plays a comparatively unimportant part. We repeat that in Enghmd the tiays of Party Govern- ment are nuiidjered because ncitlier the mechanical ingenuity of the wire-puller, nor the mendacious plirases of the rhetorician can continue to holil together nssociatioiis of men no longer dependent on principles corresponding with the realities of things. They are numbered because the old causes of division between the two great historical I'articH in tlie Htato liavc been removed, and because the Imperial questions that on ail sides are pressing for Hdlutiiui are not of a kind that can be thrown with safety into the arena of party strife. 116 APPENDIX. THOUGHTS ABOUT PARTY BV LORD SELBORNE. Extract from Conleiiiporaiy Revieiv, Vol. LI., 1887. " Mr. Justii\ M'Carthy, in his ' History of the Four Georges,' predicts that 'the principle of Government by party will some time or other come to be put to the challenge in English political life.' " He refers (I think justly) the origin of the modern form of that system to the days of Pulteney and Walpole. There had been, of course, earlier parties, exercising a powerful influ- ence upon government ; but they had been of a different kind — constitutional, dynastic, or religious. "'With Pulteney and his tactics,' says Mr. M'Carthy, 'began the party organization which inside the House of Commons and outside, works unceasingly with tongue and pen, with open antagonism and underhand intrigue, with all the various social as well as political influences— the pamphlet, the Press, the petticoat, even the pulpit— to discredit everything done by the men in office, to turn public opinion against them, and, if possible, to overthrow them. . . . Inside the House he made it his business to form a party which should assail the Ministry on all points, lie in wait to find occasion for attacking it, attack it rightly or wrongly, attack it even at the risk of exposing national weakness or bringing on national danger, keep attacking it always. . . . Pulteney and his compan ions set themselves to appeal especially to the prejudices, passions, and ignorance of the vulgar herd. They made it their business to create a public opinion of their own. They dealt in the manufacture of public opinion. They set up ipolitical shops to retail the article which they had thus manufactured.' " This Mr. M'Carthy declares to have been ' unquestionably the policy of all our more -modern English parties ; ' though he thinks that an English Opposition would be, in our time^ more scrupulous than Pulteney and his supporters sometimes were. Some of the outlines and colours of this picture might be taken from life at the present day : the ' social as well as the political influences' — (clubs, 'Primrose Leagues,' whatever may be the name of the imitated article upon the other side) — ' the manufacture of public opinion ' — and the ' political shops set up to retail the manufactured article.' We have learned better manners (I hope, because we have worthier thoughts of, and more generous feelings towards, the less-instracted multitudes of our countrymen) than to talk of ' the vulgar herd ; " but appeals from ' classes ' to ' masses ' are still not unknown. The art may have been improved since Pulteney's time ; neither party has a monopoly of it ; nor is it, by any means, conlined to the party which may be, for the time being, in opposition " The Liberal party has also been deemed, by some who have led or who have aspired to lead it, to require a new education, of which the result may perhaps be to accelerate the time foretold by Mr. M'Carthy, when the principle of government by party may be put upon its trial. " I have alluded in the outset of this paper to what is popularly known as the ' Caucus system,' introduced from abroad into this country, not long since, under high Liberal auspices. It is, I think, an important question whether that system, in any of the forms which it has assumed or may assume, can be permanently reconciled with true Liberality. I cannot myself dissociate political Liberality from Liberty, or Liberty from honest independence of thought and judgment on the part of constituencies, and also of their represen'atives. It is not, at all events, the old Liberal idea, which would remove the centre of gravity of the constitutional system from Parliament to a federation of delegates of political unions ; which would practically limit the choice of Liberal electors, in every constituency, to persons who had first approved themselves to the managers of an inner conclave, holding the local party in leading strings ; which may tend to transform leaders of party and Ministers of State into dictators, by enabling them, through these outside agencies, to ostracise all who, even on subjects vital to the public A PROBLKM IX POLITICAL SCIENCE. 117 welfare, have dared in the House of Commons to speak and vote as they think. Formerly, a member who so manifested his independence might have had to justify himself to his constitu- ents, and he generally would have succeeded in doing so if they thought him an honest man, and if he could give good reasons for the course which he had taken. Now, if there were among Liberals no power of patriotism stronger than the bond of party association, he would have to justify himself before some 'council of three hundred,' or two hundred, or whatever else the number may be ; that council itself being under the influence — perhaps in the leading-strings — of a larger ' federation,' of which a veiy few individuals may be (probably are) the wire-pullers and masters. " The system of party government will be essentially changed in character, and may soon cease to be tolerable, if it cannot be emancipated from this slavery '■ On all such subjects, the profession of Liberal politics cannot justify a man in making any political leader or wire-puller the keeper of his conscience, or absolve him from the duty and necessity (if he is honest) of making up his mind for himself ; he must act as he thinks, what- ever others who pass by the same party name may do. If he approves such measures, he will support them, not because he belongs to a party, but because he thinks them right. If he dis- approves, he is under a moral as well as a political obligation to oppose them. That duty is one which no honest man is at liberty to sacrifice to a party name." A PROBLEM IN POLITICAL SCIENCE. By Sandford Fleminrj. From Trans. Boy. Soc. Canada, Vol. VII. , 1SS9. I propose to direct attention to a scientific question wthin the domain of politics or civil government which appears to me to be of great interest. It presents a problem which up to the present time remains unsolved. The institution of Parliament, as we all know, is of ancient date. In England a general assembly or council of the nation has been held immeinorially under various names. Before the Conquest three designations were at various times assigned to it : — 1. Mycel Synoth, or great synod. 2. Mycel Gemot, or great council. 3. Witenagemot, or council of the wise men. The name of " Parliament" was not given to the National Council in England until after the Conquest, when the French language was exclusively used by the dominant class, ami French became the official language of the English nation. Parliament has greatly changed since its early days. It has grown and devtlopi'd from century to century, and it may be said to be still in a condition of growth and dcvoloinncnt. Whatever may have been the character of the meetings of the wise men before the Con- (|ue8t, or of the Parliaments whicii followed, the central idea of Parliament at the present day, is an assembly of individuals representing the whole nation. The functions of Parlia- inont are to act on behalf of the nation as the supreme authority, and -rci)rt'senting tho nation — it possesses every power and every right anil every attribute wliicii the nation possesses. The fundamental idea and guiding principle of Parliament is, that it cmi)race» all the separate parts which compose the realm, that in fact it is the nation in essence. This is the theoretical and proper idea of Parliament, but it cannot bo affirmed that the ideal Parliament has ever yet been realized. Indeed it may be held that the means t.-ikon 118 APPENDIX. , to constitute Parliament cannot, in the nature of things, result in producing a national assembly in which every indivitiual elector may be fairly represented and his voice heard. As a matter of fact, under the existing system, it is not practicable to have in the elective house every part of the nation represented : some parts must necessarily remain unrepresented. Such being the case, the problem which science may be asked to solve, is simply this : to devise the vieans of forming an elective assembly which practically as ivell as theoretically will be the nation in essence. What is commonly known as the " Government " or the " Administration," and how it may be constituted, form no part of the problem, but are separated questions which I do not propose to discuss. I merely submit as a general principle, that the Government may l)e considered in the light of a committee of Parliament, or executive council to carry into effect the acts and resolutions of Parliament and administer affairs to the approval of Parliament. Nations differ in their social and political circumstances, but in all free countries, at least, it is generally recognised that the elective assembly is of the first importance. The theory of the elective assembly, is that the whole people or such of the people as are duly qualified to vote shall be equally r epresented. It cannot be said that hitherto this object has been even approximately attained. Its attainment may indeed be impracticable, but the question is of so much importance that it cannot be unworthy of grave consideration. May we not ask if it be possible to devise some means, by which the whole people of the realm may be brought to a central point, to a focus so to speak, in a deliberative assembly or Parliament. The question of electing representatives to sit in Parliament has received the attention of many political writers and has likewise been investigated at length by many celebrated geometers, who have recorded their dissent from the practices followed. Under the present system, members are elected by a part of the community only, while their election is opposed by another part. It is quite true that the intention is to have the majority of the people represented, but even this is not a necessary result of the existing system ; moreover it does not follow that the majority of members returned will hold the views and opinions of the majority of the people on any subject. It may happen and frequently does happen, as a direct result of the present system, that legistative power is placed, not in the representatives of a majority, but in those who represent a minority. Sir John Lubbock gives an apt illustra- tion of this result. He supposes a country in which there are 1,200,000 electors who vote with party A, and 1,000,000 who vote with party B. Now if the two parties are evenly dis- tributed over the whole country, it is clear that, under the ordinary system of representation, the weaker party will be utterly swamped. To use a familiar illustration (he remarks) whenever you drop a bucket into the sea, you will bring up saltwater. In such a case there- fore the 1,000,000 will be practically unrepresented. But we must carry the matter a little further. In the House so elected, let the majority bring forward some bill of an advanced character and carry it by two to one, i.e., by the votes of members representing 800,000 electors and against those representing 400,000 ; in such a case it is clear that the minority in the House would have with them also the 1,000,000 in the country who were left un- represented; so that in fact the measure would represent the wishes of only 800,000 electors, and would be opposed by those of 1,400,000. Thus he points out that the result of a system "of Government by majorities, is, on the contrary, to enable a minority of 800,000 to over- rule a majority of 1,400,000." This illustrates only one of the many defects in the present system, but it is quite sufficient to show that the principle of Representative Government, which is inherently good, has not been realised. It is obvious from the very nature of the system practised in electing members, that, every Parliament, not the whole but only a part of the electors are rejjre- sented, and that the representatives of a minority may frequently over-rule a majority of the people. A PROBLEM IN POLITICAL SCIENCE. 119 'J'ake the present Parliament of our own Dominion, and in doing so we have a case in which all will acknowledge that the Administration at the present moment is supported by a large working majority of members. At the last General Election (Feb. 1SS7) the total number of voters on the lists in all the constituencies where contests took place was 948,5'24. Of this number the votes polled for one party were 370,342 and for the other 354,714. That is to say, 39 per cent, of the whole represents one party, and 37 per cent, the other party in Parliament. As the representatives of the 37 per cent, are swamped in Parliament and are in no way recognized in the administration of affairs, it follows that 39 per cent, of the electors through their representatives have complete control, and the remaining 01 per cent, have practically no voice in the government of the country. Moreover, as the election of members representing the 39 per cent, of votes was in every instance opposed by the voters who number 37 per cent, of the whole, it follows that on all questions settled on strict party lines, Parliament speaks and acts in its decisions by the members who represent but two per cent, of the whole body of electors. This is not an accidental but a common and, indeed, a necessary result, of the present system, which must continue so long as we follow the ordinary method of electing members to sit in Parliament. The question presented is this : Is there any means whatever by which a national assembly can be formed approximating more closely to the ideal Parliament ? Let us begin the inquiry by assuming that the electorate consists of oulj' two electors, t^at they are equal in all respects, in ability, integritj^ in worldly means, in puljlic spirit ; that they have each equal claims and equal desires to act as representatives, and each is equally willing to be represented the one by the other. Under such circumstances what course would be followed Ijy the two to settle the question? Would not the natural method be to cast lots? Assuming that the two electors w'ere left to their own resources, removed from all outside intlueuces, would not this be the only rational means by which they could make a choice ? There are doubtless some minds who would have an innate feeling against resorting to such practice ; the casting of lots being more or less associated with dice-playing, lotteries and games of chance, to which objections are taken on good and sufficient grounds ; but in the case presented there remains no way of reaching a decision e.\cept by lot. What other course could be followed ? A contest would not mend matters ; a trial of physical strength and endurance would be at once futile and indefensible. If the object be to turn the two into a single representative unit, unanimity is essential, and while agreeing in nothing else they could agree in casting lots. Is the principle of sottlenic-nt by casting lots in itself •objectionable? Was it not considered wise and good in ancient times? And would it not be equally good to-day ? It is certainly a time-honored usage for determining diflicult questions, and is exemplified in many i)assages in Holy Scripture ; indeed the uniform voice of Scripture goes to show that decisions thus oljtained are not oidy wholly unobjectionable in themselves, but that tliey were considered to have been overruled and directed by 8i)ccia providential interposition. I shall cit'^ but one example, tlie selection of an apostle to take tlie i)lace of .Indus Iscariot. An account of tliis election by casting lots is given in the " Acts of tin; .ApostliM," •Chap. I, verses 15-26. It is stated that about a hundred and twenty persons were called upon to select one of their number. They jirocecded with delil)erato wisdom to follow a usage regarded by them as a means of obtaining the divine mind. They determined by lot who should be the twelfth ai»OHtle, and thus they made a selection to which a clieerful acquiescence was unanimously given. I have assumed a case of two electors, and pointed out the course which might be followed— indeed, the only rational course which could be followed. If the i)riiicipl<- laid cs must be raised. It is, therefore, the duty of all good citizens to contribute according to their moans ; and if they fail to do so, the political organizations of rival iiarties must be thrown more and more into the hands of those who contribute to their support from corrupt or selfish motives," I lielieve I am warranted in saying that in Canada partyism is not yet developed to tiic extent ficscribcd in the United .States, but recent disclosures show the tendency in |nililic life, and it is perfectly clear that if we act on similar princijilcs and follow the same headlong course, wc cannot fail to reap the same or similar evil consequences. We know that there are good men on l)oth sides of politics. It is not tlic want of men, patriotic, public-spirited and able, that we have to deplore, it is the malign influences of the 9 130 APPENDIX. system by which they are enslaved. The best men are draj^ged downwards by the party mael- strom, and once within its vortex they become powerless to escape from its baleful embrace. The low tone of public life which we Canadians have already reached, is evidenced by the fact, that no ordinary man in his private dealings, would do that which by a singular obliquity of moral sense is considered unobjectionable in party ethics. It seems to be well understood on both sides, that dishonesty in almost any form only becomes an offence when detection follows ; and if we judge our politicians as described by themselves or by the partisan press, there are few indeed of whose public or private character it is possible to form an exalted opinion. It is not necessary to go far a field for evidence of the demoralizing tendency of the political system practised in our own land. The proceedings of the last few months clearly indicate that we have already made a most disquieting progress in our downward course. Can nothing be done to turn it in a right direction? The universal law is that there must be progress. Nothing remains stationary. If we permit the system to remain as it is, the progress will con- tinue downwards ; and the experience of onr neighbors teaches us that as time rolls on we will make the descent at a greatly accelerated speed. We may one and all ask the question what in this emergency are we to do ? We do not want retrogression or degradation. We do not desire to go from bad to worse. Our object should be improvement and advancement. If this be our aspiration there are certain things which we must not do. We must not fold our hands in despair and leave politics and political affairs wholly to the politicians. We must not close our eyes to the misdeeds which have been brought to light in our own land, or to the experience derived from the United States. The past history of politics in both countries will be of benefit to us if we only determine to profit by it. We must not listen to that school of politi- cians, who tell us that government by party is the only means of carrying on free institutions ; that it is impossible to attain to good government without opposing parties. We must be pre- pared to dismiss from our minds the dogma that partyism is a necessity, however ably or by what- ever number the assertion be made. Government by party has been practised in the United States for a hundred years ; in England for two centuries ; in Canada it may be traced from the first year of her legislative existence. In all three countries it has been tried and found wanting. I think I cannot be wrong in laying down the axiom, that no system, however deeply rooted by long usage, however strengthened by prejudice, if founded on evil or productive of evil, can be considered a finality. The party system divides a nation into t\\ o halves ; in itself an evil. It is based on princi- ples which nurture some of the worst passions of our nature. It is productive, as everyone must admit, of intolerable evils ; and on every ground we are warranted in the conclusion, that this system should not be held as sacred, or unassailable and unalterable. If that much be conceded to us, we may venture a step further and consider if it be at all possible to make a change for the better, a wise and beneficial change. It must be clear to everyone that we cannot continue in the old way, shutting our eyes to what is going on around us. Do not all the facts, all the testimony from every quarter, establish that the old way leads downwards to a lower and lower plane of political demoralization ? It is historically true, that the spirit and force of party organizations have, in past genera- tions, been an essential, possibly in some cases, the chief factor in Government. At this day, the system is upheld by men of eminence whose opinions deserve to carry weight. There is indeed a traditional idea of wide prevalence, that the party system alone will suit a free people ; and that the principles upon which it is based are essential to purity of government. Do the facts, may we ask, establish that the party system has resulted at any period of our history in purity of pul)lic life, or has it effected the opposite result ? Has it been proven, that the conten- tions and discords and conflicts of partyism are in any way conducive to our national well- being? Is it the case that subjection to traditional party spirit is indispensable to our freedom? Let every thoughtful man, whatever his predilections, consider these questions care- fully and dispassionately, and it will become more and more clear to him, that the party PARLIAMENTAKY VS. PARTY GOVERNMENT. 131 system of government, which we have inherited as the accompaniment of representative institu- tions, is no longer a necessity ; that its usefulness has come to an end, th-it it has in its latest development grown to be a positive evil ; and that it should now be replaced by another system better adapted to the improved intelligence and altered circumstances of the age. Within the present century, scientific methods have made conquests over traditional methods in nearly every sphere of life. In agriculture, in commerce and in mechanical art the traditional spirit has disappeared, and given place to the scientific spirit. We find that in spinning^ weav- ing, printing, lighting, heating, telegraphing, travellmg by land and sea, and in nearly every human engagement we can name, the scientific method has irrevocably superseded traditional methods. Is the great question we are now discussing to prove an exception ? Is the art of government to remain outside the pale of progress ? Surely parliamentary development has not reached its ultimate stage, and public affairs for ever must be administered according to the principles of the prize ring. Heaven forbid ! Can we not discern some little glimmerings of light, following perhaps the deepest darkness preceding the dawn ? Is it not the case that in modern times the power of tradition has been weakened and that its authority is steadily declin- ing? May we not, therefore, cherish the hope that it may be dethroned in political life ; that we shall not always remain victims of a superstitious belief in the system of government by party ; and that this fair land shall not forever be the battlefield of gregarious politicians ? What this young nation wants is not endless political conflict with all its accompanying evils, but settled rest and peace. Our people essentially democratic, and attached to representative institutions, will bear in mind that parliamentary government and party government are not identical, indeed, that they are totally distinct. True they have been so long associated that they have come to be considered inseparable, but reflection will make it clear to us that the connection, even if it be historical, is accidental, and that it is an erroneous popular notion, that a connection between them is a necessary consequence. The tendency of events suggests that important changes must eventually be made in the structure of parliament itself Such changes are needed in the direction of unity, simplicity and strength. Our parliament is supposed to represent the nation ; but as at present constituted it practically comprises hut the representatives of two parties. The theory of parliament is an assembly of persons chosen by the whole body of electors with supreme authority to speak and act for the nation. The ideal parliament is the nation in essence, but the system followed in the election of members utterly fails to attain this desired end. Under the party system it is abso- lutely impracticable to attain even an approximation to the ideal parliament. It is true that parliament, formed by means of the existing system, assumes the functions of a perfectly consti- tuted national assembly ; but its memliers represent only a part of the nation, and those who support the administration of the day, and keep it in power, form a still smaller reiircscntative part. Take for example the parliament formed after the general election of 18S7. i'he govern- ment had on this occasion the largest support given to any adniinstration since Canada became a Dominion ; and yet, including every vote polled for government candidates who were defeated at the elections, the supporters of the administration represented only 39 per cent, of the whole bofly of electors. The opposition members represented 37 per cent, of the whole, counting .also the votes polled for the defeated candidates on their side. Thus it becomes jjcrfectly obvious, that a large majority of the people, whatever party may rule, has no jiart whatever through representatives, in the administr.ition of public affairs. In the case referred to 61 iierccnt.of the whole body of electors had no share in the government of the country. The .-idininisir.ilion was supported by the representatives of 39 per cent, and it was opposeil by those of 37 jjer cent, in every measure carried in the house by a party vole ; leaving as a net bal.ance the representa- tives of only two per cent, of the electors to determine legislation, to soltle the policy of the government, and to speak ami act for the nation with the whole weight and supreme authority of parluiment. • I have presented no extreme case. If we take the results of the recent general elections (1891), it will be found that the number of votes cast for government cindidates wjis only 33 per cent, of the electors, and the government net m.ijority in the house rei)resents but 132 APPENDIX. one-aml-a-half per cent, of tlie total number of voters on the list. As a matter of fact, the system of government by party enables a minority, frequently a small minority, to seize and hold control of the affairs of state, and award to its friends office, power and patronage with every one of the prizes of party victory. All outside the lines of the successful party are systematically ignored. Do not the facts prove that pany government is opposed to the true theory of parliamentary government ? Is it surprising that in working out the party system the struggle becomes so fierce, and that ways and means are resorted to « hich shock the sensibility of even party men when they come to be exposed to the light of day ? What IS the remedy for the state of things which now prevails ? It is not far to seek, and it involves no great constitutional change. We have simply to obey the law of perpetual evolu- tion so that our parliament may become freer and better than it ever has been. We have only to free it from the trammels of party and obtain an assembly which will represent the people in fact as well as in name. Hitherto we have had the shadow, now let us have the substance. In all previous parliaments a part only of the electors, and not necessarily the best part, has been represented. Why should any portion be excluded ? Should not the supreme national assembly command the confidence and reverence of the whole people ? To obtain their confidence and reverence it is obvious that our parliament should represent the \\ hole, and consist as far as possible of the wisest and best men the entire nation has to offer. This is the true conception of a parliament for a democratic people such as we are, and we must seek to obtain such a parliament if we wish to escape from the evils which at present beset us. Denouncing the politicians for the inevitable consequences of a bad system, as some of our people do, is an easy matter ; but it is folly to suppose that this alone will bring any permanent remedy. Politicians are human as we are, and they become precisely what the people make them, or allow them to make themselves. If the people so will, and take the proper course to effect their purpose, the school of politicians which flourishes to-day will disappear. Having the clearest evidence that we have never had and never can have a perfectly consti- tuted parliament under existing political usages ; having the best grounds for the belief that the system which prevails is hastening us to a condition of political subjection, to an oligarchy of the worst kind, such as we find in the United States ; being satisfied on these points, every good citizen must feel the responsibility resting upon him that he should do his utmost to avert such a national calamity. The first important step is to take means to have a perfectly constituted parliament. In Canada we have accepted the great fundamental principle that " the people is the source of all law and all power," we must therefore strive to constitute our parliament so that it will represent not a part, as now, but the whole nation. This step cannot be taken without effecting other changes which would tend to the common welfare ; the chief of which would be that a new com- plexion would be given to the government. We would no longer have a party government ; the executive would proceed from the national assembly and thus would be the veritable focal point of the whole nation. The best and wisest members returned by the people could be chosen by parliament from its own members to sit at the same council board to guard public interests, administer the laws, and speak and act for the nation. In a paper published in Volume VII. of the Royal Society proceedings under the heading *•' A problem in political science," I have endeavored to show that by the scientific adjustment of votes and the application of sound principles, the true parliament could be constituted.* I can- *The object of my paper "A problem in Political Science," was simply to demonstrate that Parliament could be formed so as to represent truly the whole nation. I do not wish it to be thoujjht that I have sciven the only solution to the problem. I merely wish it to be understood, that having established the possibility of constitutinfr the national assembly with scientific accuracy, I felt warranted in urging that an effort should be made to abolish government by party and substitute government by the whole people. I do not doubt that features open to objection in the solution presented in my Royal Society paper can he eliminated or that better means may be devised, of attaining the desired object. If a " will " become apparent in the public mind, a " way " will not be wanting:, S. F. J PARLIAMENTARY VS. PARTY GOVERNMENT. I3'i not here enter into any extended explanation of the proposition. I must content myself with the statement, that in my judgment it is perfectly practicable by the proposed- plan, even if no better can be devised, to extend to every elector full and equal representation, thus removing the anom- alies I have pointed out. The details of the machinery cannot here be discussed. Indeed, it would be premature to deal with details in advance of principles ; but the machinery may be of the simplest character, and being entirely national the cost would be made a direct charge on the state, as the cost of taking the census or of any other public service is borne by the public exchequer. The practical working of the system would be conducted by public officials, specially appointed and held responsible for the proper performance of their duties in the manner of other public officials. The cost of the proposed system of choosing representatives might be considerable : but it would fall far short of the cost of the present system, when the expenditure under two party organizations and every accessory charge are taken into account. Moreover, the whole would be open and above suspicion, and there would be no room for improper practices. Whatever the cost, it would render party organization nugatory, and the gain to the public would be incal- culable. Legislation would certainly be greatly simplified. The sessions of parliament would no longer be prolonged through the interminable and profitless discussions which proceed from party strife. There would be great economy of time and money ; but however great this economy, it would be of small moment compared with the more important benefits which would result generally from the overthrow of a pernicious system, entirely out of joint with the march of events. Partyism has an historical origin. It was born in troublesome times, when the spirit of antagonism between the classes was general, and when the masses of people were in a ruder con- dition than they now are. As the ages succeed each other, the spirit of humanity changes with the advance of civilization. We have long passed out of the age of fierce and cruel persecutions. We have left behind us the spirit of conflict and destruction, and have entered the marvellous period of construction and production. Our lives are now more happily passed in the peaceful era of human justice and human reason. If we have left behind the belligerent ages, would it be in advance of our time to abandon political methods in civil life, which keep alive the spirit of conflict and maintain usages which are opposed to true progress ? In intelligent communities at the present day partyism can be viewed only as an anachronism. Consider for a moment the consequence if partyism were introduced into modern commercial life. Take a bank, an insurance company or any large business concern. Introduce the prin- ciple of partyism into the management, what would follow ? We should in each case have a house divided against itself, and how long would it stand ? Suppose the directors of a railway company were divided, as jiarlies are ranged in parlia- ment. The persistent endeavour of one portion of the board would be directed to keeping the trains in motion ; while the other portion as persistently would do their utmost to throw obstacles in the way. Would the public reap any advantage from the antagonism ? Would the shareholders receive dividends ? Take this university. How long would it prosper, how long would it maintain its ground and be useful to the community, if partyism gained a footing so as to cause continual contentions and strife among the trustees, or the senate, or the council ? Consider the consequences if partyism were allowed to enter into the proceedings of the great annual assemblies of the several religious denominations. Would it be justifiable on any ground? Would any one of these important bodies perform its functions so speedily and so well? Each one of these great gatherings jiartakcs of the character of parliament, and might with advantage in some respects be imitated. An enormous amount of business is brought before them, and ordinarily they do more in one week than they could in ten weeks if party tactics, such as are displayed at Ottawa, prevailed. 131 APPENDIX. Take a much Inunliler well-known illustration. Take an ordinary row boat, allow the crew to fight among themselves, or suppose the rowers determine to pull in opposite directions. It is needless to say there would be much agitation of the water, but little or no satisfactory progress. These several illustrations will bring out the well est.iblished fact, that to the extent that conflict is provoked, satisfactory results are lessened ; and that under all ordinary circumstances, conflict is a wasteful expenditure of force. This rule must apply to political and national affairs as to everything else ; and viewing the question before us from all points, we are led to the con- clusion that there is no logical justification for partyism in this age. In order to supersede partyism, it is not at all necessary to broach any new doctrine, revolutionary in its character. In reality the opposite is the case. The desire is to maintain the institution of parliament and make it inore efficient, more perfect and more stable. The design is to realize the ideal national assembly in which every elector may have an equal voice. The aim is to maintain all that is good in the ]->arliamentary system of government, and take away all that is defective and bad ; to remove the worn out vestures of the past which are ill adapted to the growth of the nine- teenth century. The great primary object is to establish unity and promote amity, and thus remove far from us the desolation which proceeds from, a "kingdom divided against itself.'' In my humble judgment the question of parliamentary representation is capable of scientific treatment, and it is safe to say that if so treated, partyism, as it now exists, with its banefiu influences and demoralizing effects, would irrevocably be swept away. There are few questions which more deeply affect society and civilization. In the heat of party warfare it cannot be dis- cussed fruitfully, and it is only in the intervals between conflicts, or under conditions removed from the struggle that calm reflection will avail. Iliis question is the great problem of to-day ; it has the strongest possible claim on the attention of every well-wisher of his country who has the qualifications to consider it carefully and dispassionately. I fear it has small chance of being so considered by those who place party triumph higher than country, or who regard fealty to party more binding than the laws of the decalogue. Such hien are wanting in intellectual freedom to approach this subject appreciatively. Even those whose relations with political organizations are not close, so far as they are partisans are they wanting in the qualifications necessary to take a disinterested view of it ? There are many men with whom party advance- ment and success have been the ruling motives ; such men will naturally have a settled unwilling- ness to part company with old associations and the party spirit inherent to them. They will cling with tenacity to their deeply rooted habit of thought. They will extol the atlvantages of party government. They will reiterate that government by party is the only possible means of carrying on representative institutions. They will declare that the abolition of party would mean an end of all order and progress, and would prove the beginning of general desolation. Certain it is that government by party will never be reformed from within, and we may be well assured that every honest attempt to effect a change will be ridiculed as Utopian or branded as a mischievous innovation. True partisans are not the men to yield without a struggle. They will never pull down their own ramparts and surrender their own citadel. The stronghold of partyism can only be sapped and mined by the slow process of public education, and eventually demolished through the common sense of the nation. Whatever the present political condition, we may rest satisfied that the great heart of Canada is sound. We may depend upon it that so soon as the nation comes to understand the true nature of the malady, and that a remedy is possible and applicable, from that moment party government will be doomed. There is Vjut one cure for the disease under which we suffer. Laws may be passed to prevent scandals begotten of party exigencies ; but ways will be found to elude them, let them be ever so stringent, so long as partyism exists. There is a rankling sore in the body politic. We may heal an ulcer on the surface, but the ulcer is but one of the symptoms, and so long as the deep- seated disease remains it will again break out in another spot or appear in another form. The true physician directs his attention to the source of the ailment, and by proper treatment removes the first cause of the evil and thus purifies the whole system. In this national matter in order to PARLIAMENTARY VS. PAR I'Y GOVERNMENT. 135 succeed, the same course must be followed ; and whenever the mind of the nation becomes satisfied that it is the only effective means of getting rid of our political evils, then, and not till then, will partyism be dethroned. How is the mind of the nation to be reached on this cardinal problem? The national mind is made up of many indivdual minds, each one of which is a minute fraction of the whole. These fractional parts must in tire first place be moulded and instructed by men of recti- tude, whose powers have been matured by study and observation, men who are watchful of the highest interests of the people. What class better qualified by the nature of their calling for this noble and patriotic duty, than teachers, both liy and clerical, throughout the land ? Obviously we must look mainly to the school, the college and the pulpit for the agencies to enlighten and elevate the individual mind, and, through the individual, the collective mind of the nation. We must first form private opinion, from which pul^lic opinion will slowly and surely form itself. It may be objected that ministers of the gospel should not meddle with politics. If politics, degenerating into partyism, have become vicious and impure, so muck the more is it the impera- tive duty of clergymen to employ every proper means to promote a sound and healthy moral tone for the benefit of the community. Is not Canada a Christian land? Does not the census inform us that, with the exception of a kw tribes of Pagan Indians and a few hundred Jews, we are from sea to sea all Christians ? On what ground then should a Christian teacher be debarred from assuming all the duties of his office ? Can he indeed throw off the grave responsibility which rests upon him ? Can he neglect the high duty of using every opportunity to restore public life to a healthy and more upright character? Merely party issues in which no moral element is involved should be absolutely excluded from every pulpit discourse ; but a great question, such as this, in which the public morality, the purity, the honour and the lasting welfare of the whole nation is involved, should be fearlessly dealt with by every clergyman in the land. The influence of the pulpit has been and always will be great, and no better or more eflfective means can be found of enlightening the masses and elevating public opinion to a higher level. It was written a century ago : " the true cure for darkness is the introduction of light." Who better able to introduce light than t'lose who have obtained its possession — the wise and the learned ? Who more fitted to purge politics of its evils than those whose lives have been dedicated to morality and uprightness ? In this young country it is only in harmony with nature that everything should be in a con- dition of healthy growth. I know of no reason why our parliamentary system should not partake of the general improvement and advancement. At Ottawa a corner of the curtain has been raised sufficiently high to admit of our seeing evidences of fundamental defects in govern- mental methods, and traces of grave obstacles to our progressive well being. I ask should it not be the earnest aim of every Canadian with the true patriotic spirit to seek to eradicate these defects and remove every obstacle which retards our growth and elevation as a people. If this be a Christian country surely the entire moral code of Christianity should be binding on all, and on none more than our law-makers. It is of unspeakable importance iliat wc should find effective means to purify the fountain of legislation. It is a matter of ])ublic economy, public morality and public honour, and our hojies must rest on the three great educational factors which I have nanicfl. In this question, is involved the first and last needs of the Dominion, and we must appeal to our best teachers of all creeds and in all places to set about the task of lifting politics out of partyism into a loftier and healthier atmosphere. True, there arc enormous difficulties to be overcome, but the task is as noble as it is necessary and it i-i rcndercti nobler even if more difficult by the fact that we shall look in vain for a precedent, no other nation having led the way in any successful attempt to bring parliament up to its true ideal condition. The scientific movement of the nineteenth century has accoin|)lished marvellous success, it has been crowned with peaceful victories far more wonderful and far more glorious than military conquests. If, in the new field, the calm voices of science anuccumb to it, and the prospect of these illicit profits renders a political career distinctly more attractive to an unscrupulous man. We find therefore that in America all the conditions exist for producing a class of men specially devoted to political work and making a livelihood by it. It is work much of which cannot be done in combination with any other kind of regular work, whether professional or commercial. Even if the man who unites wealth and leisure to high intellectual attainments were a frequent figure in America, he would not take to this work ; he would rather be a philan- thropist or cultivate arts and letters. It is work which, steadily pursued by an active man, offers an income. Hence a large number of persons are drawn into it, and make it the business of their life ; and the fact that they are there as professionals has tended to keep amateurs out of it Having thus seen what are the causes which produce professional politicians, we may return to inquire how large this class is, compared with the corresponding class in the free countries of Europe, whom we have called the Inner Circle. In America the Inner Circle, that is to say, the persons who make political work the chief business of their lives, includes : — Firstly. All members of both Houses of Congress. Secondly. All Federal ofifice-holders except the judges, who are irremovable, and who have sometimes taken no prominent part in politics. Thirdly. A large part of the members of State legislatures Fourthly. Nearly all State office-holders, excluding all judges in a few States, and many of the judges in the rest. Fifthly. Nearly all holders of paid offices in the greater and in many of the smaller cities, and many holders of paid offices in the counties Sixthly. A large number of people who hold no office but want to get one. This category includes, of course, many of tlie "workers" of the party which does not command the majority for the time being, in State and municipal affairs, and which has not, through the President, tlie ]:)atronage of P'ederal posts. It also includes many expectants belonging to the party for the time being dominant, who are earning their future places by serving the parly in the meantime. All the above may fairly be called professional or Inner Circle politicians, but of their number I can form no estimate, save that it must be counted by hundreds of thousands, inasmuch as it practically includes nearly all office-holders and most expectants of public office. It must be remembered that the "work" of politics means in America the business of winning elections, and that this work is incomparably heavier and more complex than in Eng- land, because: — (i) The voters are a larger proportion of the population ; (2) Tlic government is more complex (Federal, State, and local) and the places filled by election are therefore far more numerous ; (3) Elections come at shorter intervals ; (4) The machinery of nominating candi- dates is far more complete and intricate ; (5) The methods of fighting elections are far more highly developed, i.e., they are matters requiring more tecimical knowledge and Hkill ; (6) Ordinary private citizens do less election work, because they are busier than iu England, and the professionals exist to do it for them. 142 APPENDIX. I have observed that there are also plenty of men engaged in some trade or profession who interest themselves in politics and work for their party without any definite hope of office or other pecuniary aim. They correspond to what we have called the Outer Circle politicians of Europe. It is hard to draw a line between the two classes, because they shade off into one another, there being many farmers or lawyers or saloon-keepers, for instance, who, while pursuing their regular calling, bear a hand in politics, and look to be some time or other rewarded for doing so. When this expectation becomes a considerable part of the motive for exertion, such an one may fairly be called a professional, at least for the time being, for although he has other means of livelihood, he is apt to be impregnated with the habits and sentiments of the professional class I shall presently return to the Outer Circle men. Meantime let us examine the professionals somewhat more closely ; and begin with those of the humbler type, whose eye is fixed on a municipal or other local office, and seldom ranges so high as a seat in Congress. This species, like the weeds which follow human dwellings, thrives best in cities, and even in the most crowded parts of cities. It is known to the Americans as the " ward politician," because the city ward is the chief sphere of its activity, and the ward meeting the first scene of its triumphs. A statesman of this type usually begins as a saloon or bar-keeper, an occupation which enables him to form a large circle of acquaintances, especially among the "loafer " class who have votes but no reason for using them one way more than another, and whose interest in political issues is therefore as limited as their stock of political knowledge. But he may have started as a lawyer of the lowest kind, or lodging-house keeper, or have taken to politics after failure in storekeeping. The education of this class is only that of the elementary schools : if they have come after boyhood from Europe, it is not even that. They have of course no com- prehension of political questions or zeal for political principles ; politics mean to them merely a scramble for places. Thev are usually vulgar, sometimes brutal, more rarely criminal, or at least the associates of criminals. They it is who move about the populous quarters of the great cities, form groups through whom they can reach and control the ignorant voter, pack meetings with their creatures These two classes do the local work and dirty work of politics. They are the rank and file. Above them stand the officers in the political aimy, the party managers, including the members of Congress and chief men in the State legislatures, and the editors of influential newspapers. Some of them have pushed their way up from the humbler ranks. Others are men of superior ability and education, often college graduates, lawyers who have had practice, less frequently merchants or manufacturers who have slipped into politics from business. There are all sorts among them, creatures clean and unclean, as in the sheet of St. Peter's vision, but that one may say of politicians in all countries. What characterizes them as compared with the corresponding class in Europe is that their whole time is more frequently given to political work, that most of them draw an income from politics and the rest hope to do so, that they come more largely from the poorer and less cultivated than from the higher ranks of society, and that they include but few men who have pursued any of those economical, social, or constitutional studies which form the basis of politics and legislation, although many are proficients in the arts of popular oratory, of electioneering, and of party management In this general description I am simply repeating what non-political Americans themselves say. It is possible that with their half-humorous tendency to exaggerate they dwell too much on the darker side of their public life. My own belief is that things are healthier than the news- papers and common talk lead a traveller to believe, and that the blackness of the worst men in the large cities has been allowed to darken the whole class of politicians as the smoke from a few factories will darken the sky over a whole town. However, the sentiment I have described is no doubt the general sentiment. "Pohtician" is a term of reproach, not merely among the " superfine philosophers " of New England colleges, but among the better sort of citizens over the whole Union. " How did such a job come to be perpetrated ? " I remember once asking a casual acquaintance who had been pointing out some scandalous waste of public money. " Why, what can you expect from the politicians ? " was the surprised answer. PROPORTIONAL REPRESENTATION THE GOVE SYSTEM. 143 PROPORTIONAL REPRESENTATION— THE GOV^E SYSTEM. Extracts from Notes on Electing Representatives by John AI. Berry, Worcester, Mass., 1S93. . . . In the general chorus of national pride, is there not a constant undertone of dissatisfaction bewailing political decadence ? Is it not evident to all that we are too much exposed to mercenary influences ? . . . . It may almost be said that political corruption is getting to be deemed the rule rather than the exception ; we expect even more than we lament it. The affairs of state are prostituted to serve the ends of those in power. Office is not the free gift and choice of an intelligent constituency. It is secured by barter between those who would protit by it. Candidates climb to leadership by the promise of spoils. Bribery has become so common in legislative bodies that it no longer surprises any one. Political rings and lobbyists direct and control the legislature for personal gain and aggrandizement. Scarcely a matter that comes up is fairly and honestly considered upon its merits without prejudice or influence. High minded and honorable men in the legislature find themselves sadly at variance with their surroundings, and sometimes feel that the censure of the legislative body is no disgrace, but that its fellowship and good will niaj^ be. But yesterday, as it were, we saw a member of the legislature of one of our oldest and proudest states, a state second to none for legislative virtue and honor, resign his seat, disgusted at the unworthy and trifling manner in which his associates were accustomed to deal with important public matters. If the ordinary construction of language can be applied to the reported utterances of Senator Ingalls, in a recent speech*, he boldly avows that jiolitics is a battle in which any means are justified which enable the party using them to win. When such an open confession is made to the world by the president pro tempore of the senate without protest from his fellow members of congress, it is unnecessary to seek further for proof of political degeneracy and the need of radical reform. The place where this reform is most needed is in our system of representation, condemned by such vile products. Had we sunk so low as a people as we must if the legislativii bodies just spoken of fairly represented us, sad, indeed, would be our condition, and hard the task to discover a remedy. But it is not so. Our legislators are the real choice of but a few. The fault is in our defective system of election. It is an essential feature of our government that it professes to be representative. In that essential point it has failed, and reform is bitterly needed. The right to vote, indeed, is carefully guarded by the constitution. But voting does not necessarily secure representation. It should do so ; that is its proper object ; but the means are so poorly adapted to the end that it almost conii)letely fails. Of what avail is tiie dropping of a ballot if it does not count to elect a representative ? At the last general election (1888) overlive million citizens voted for ropreseutativos in congress, yet failed te secure representation ; and in some states these formed a majority of those who voted. In round numbers eleven million votes were cast for representatives in congress in all the states ; three million of tliese elected the Republican majority and therefore control legislation, while more than live million wiio votuil did not elect u representative. It is estimated that five million more of voting age and sex omitted to vote at all, largely influenced we may fairly infer l)y the feeling, warranted by the above facts, that such action would be futile, a result sure to occur if they belonged to .i liopiU-Hs •"The puriflcalioM of iiolilics Ih an iridcKfeiit (Ireiiiii. fJoveninieMt in fori-f. PoliticM ih a Imlilo tm- supreniaoy. Partii-s are the ariiiito. The and Ninety-one. ) RESOLVE. To amend the Constitution relative to the Election of Senators and Representatives. Besolved, 'By both houses, that it is expedient to alter the constitution of this Common- wealth by the adoption of the subjoined article of amendment ; and that the said article, being agreed to by a majority of the senators and two-thirds of the members of the house of representatives present and voting thereon, be entered on the journals of both houses, with the yeas and nays taken thereon, and referred to the general court next to be chosen ; and that the said article be jjublished, to the end that if agreed to in the manner provided by the constitution by the general court next to be chosen, it may be submitted to the people for their approval and ratification, in order that it may become a part of the constitution of the Commonwealth. Article of Amendment. Section 1. In order to provide for a representation of the citizens of this Common wealtli, founded upon the principle of equality ; any resident of this Commonwealth, eligible under the constitution to the office of senator, may be nominated as a candidate for said office by any person. No such nomination shall be valid unless the following conditions are complied with : — (1.) The nomination shall be in writing, signed by the person making it, and shall contain the name and ]jlace of residence of the candidate. (2. ) An acceptance of the nomination signed by the candidate shall be endorsed thereon. (3. ) It shall be deposited in the office of the secretary of the Commonwealth not more than three months nor less than live weeks before the day of election. (4.) There shall be deposited with the nomination the sum of fifty dollars, or sucli other sum not exceeding one hundred dollars, as the legislature may hereafter by law direct. Stc. 2. Not less than four weeks before the day of election, the secretary of the Common- wealth shall furnish to each candidate and to every voter who shall rcriuest it, a printed list containing the names of all the candidates in alphabetical order with the place of residence of each, and the name of the person by whom each was nominated. Stcl. 3. At any time after his nomination and not less than tliree weeks before the day of election, any of said candidates may furnish to the secretary of the Connnonwealtli a statement in writing, signed by himself and ackno\vK;dged licforo any magistrate autliorized to take ackiiowleilgment of .deeds, which statement shall contain tlic names of one or more others of said candidates with whom he believes himself to be in accoril upon tlu- most important public questions, 'and to one or more of wliom he wishes to transfer any ineffective votes cast for himself. Hf'Ct. Ih The secretary shall prepare a n(!W list of candidates similar to that named in section two of this article, but containing also against the name of each candidate the names in aljjhabetical order of all candidates named in the list, if any, furnislu-d by tliat candiflate, as provided in section three ; and he shall, not less than two weeks Iteforo the day of 148 APPENDIX. election, furnisli to the clerk of everj' city or town a sufficient number of copies of said new list. Every such clerk shall, immediately upon the receipt thereof, jiost conspicuously, and open to the inspection of the public, one copj' of said list at each and every place in his city or town where votes are to be received at said election, and shall also immediately furnish one copy to every legal voter resident in said city or town who shall demand the same. Sect. 5. Every les^al voter wherever resident, shall be entitled to cast his vote for senator in favour of any person whose name appears in the aforesaid list of candidates ; but no person shall vote for more than one candidate, nor for any person whose name does not appear upon the aforesaid list of candidates. But whenever a candidate duly nominated [is omitted from the list published by the secretary of the Commonwealth, votes may be cast for him with the same effect as if his name appeared on said list. If the secretary shall make such omission intentionally or through wilful neglect of duty, he shall, upon conviction thereof, be ever after incapable of holding any office of trust or profit under the Commonwealth. Stct. 6. The returns of votes having been transmitted to the secretary of the Common- wealth as provided by the constitution, the secretary shall make a list of all candidates voted for, with the vote received by each candidate in each precinct or voting place, and his total vote, and said list shall be transmitted, published and distributed in the same manner provided in section four, concerning the list therein named ; and after the secretary shall have ascertained who are the persons who appear to be elected, he shall make a list of the successful candidates with the computation by which their election has been ascertained, and shall forthwith furnish a copy of the same to each candidate and also to every voter who shall request it. Sect. 7. Ineffective votes shall be transferred according to the request of the candidate for whom they were originally cast, to a person named in the list furnished by said candidate as provided by section three. The forty candidates then having the highest number of votes shall be declared elected and the secretary shall issue certificates of election to them. In case two or more candidates have the same nixmber of votes, the candidates residing at the greatest distance from the state house shaU be deemed, for the purpose of election, to have the highest number. Sect. 8. The following shall be deemed ineffective votes, and shall be transferred in the order named : — (1.) Any votes cast for a candidate in excess of one-fortieth of the entire vote cast, beginning with the candidate receiving the largest vote, and proceeding to the one next highest and so on. In the case of two or more receiving the same vote, the transfer shall be from each alternately, in alphabetical order. (2.) Votes cast by candidates who have since their nomination died or become ineligible in the same order. (3. ) Original votes cast for candidates who fail of election, beginning with the candidate receiving the smallest total vote, and proceeding to the next lowest, and so on ; in case of two or more receiving the same vote the transfer to be made from each alternately in alphabetical order. No votes shall be transferred from any candidate who has not furnished the statement named in section three. Sect. 9. Every ineffective vote of a candidate shall be transferred to the candidate PARTIES AND PARTY GOVERNMENT. 149 named in his said list, li^Tiig and eligible at the time of counting the vote, for whom the largest number of votes were originally cast and whose vote by transfer or otherwise does not equal one-fortieth of the whole vote cast, until all are transferred as far as possible. If the same number of votes were origmally cast for two or more candidates named in said list, the candidate residing nearest the one from whom the votes are to be transferred shall be preferred. Sect. 10. The secretary shall at once transmit to the treasurer and receiver-general all sums of money received as pi-ovided in section one. Immediately after declaring the names of the pei-sons elected senators, he shall draw on the treasurer and receiver-general a warrant for the payment of the sum received with one nomination, and issue the same to the person nominating each candidate who shall appear by the returns to have received one thousand or more original votes, and all such warrants shall be paid by the treasurer and receiver-general on presentation. The remainder of the sums paid under section one shall be and remain the property of the Commonwealth. Sect. 11. In case a vacancy shall occur in the senate after the declaration of election provided in section seven, the votes cast for the member whose seat shall have become vacant together with any ineffective votes assigned to him, shall be re-distributed in the same manner as if he had died or become ineligible before the canvassing of the votes, and the candidate not before elected, who, after returning to him any votes originally cast for him, shall then appear to have largest number of votes shall be declared elected. Sect. 12. The supreme judicial court, upon the petition of twenty-five legal voters, shall have jurisdiction to enforce by mandamus the correction of any ernmeous or improper issue of such certificate of election, when siich error can be made to appear from the face of the returns issued by the secretary as provided in section six, upon canvasing said returns in the manner provided in section seven, eight and nine. But the senate shall continue to be the final judge of the election of its members. Sect. 13. The legislature may at any time provide l)y law that representatives be elected in substantially the same manner as is herein provided for senators, and by such law may, if it so decides, divide the Commonwealth into not exceeding six electoral districts, from each of which the candidates voted for in that district must be taken, and by voters within which such candidates must be nominated. The number of voters in each of these districts to be as nearly equal as possible. PARTIES AND PARTY GOVERNMENT. By Henry Sidgwick. From " The Elements of Politics," tSgt. The dual system seems to have a dangerous tendency to degrade the profession of politics : partly from the inevitable insincerity of the relation of a party leader to tiie members of his own party, partly from the insincerity of his relation to the ])arty ojiposed to him. To keep up the vigour and zeal of his own side, he ha.s to maintain the fiction that under the heterogeneous medley of opinions and sectional interests represented l)y the " ins" or the "outs" at any par- ticular time there is a fundamental underlying agreement in sound political prmciples ; ami he has to attribute to the other side a similar agreemenl in unsound doctrines. Thus the l)est i>oliti- cal talent and energy of the country acquires a fatal bias in tlie direction of insincere .idvoc.icy ; indeed the old objection against forensic advocacy as a means of obtaining riglit judici.d conclu- sions — that one section of the experts employed are professionally required to make the worse 150 APPENDIX. seem the better reason — applies with much more real force here than in the case of the law- courts. For in the case of the forensic advocate this attitude is frankly avowed and recognized by all concerned : every plain man knows that a lawyer in court is exempt from the ordinary rule that binds an honest man only to use arguments which he believes to be sound ; and that it is the duty of every member of a jury to consider only the value of an advocate's arguments, and disregard, as far as possible, the air of conviction with which they are uttered. The political advocate or party leader tends to acquire a similar professional habit of using bad ai'guments with an air of conviction where he cannot get good ones, or when bad ones are more likely to be popularly effective ; but, unlike the forensic advocate, he is understood, in so doing, to imply his personal belief in the validity of his arguments and the truth of the conclusions to which he desires to lead up. And the case is made worse by the fact that political advocacy is not con- trolled by expert and responsible judges, whose business it is to sift out and scatter to the winds whatever chaff the pleader may mingle with such grains of sound argument as his brief affords ; the position of the political advocate is like what that of a forensic advocate would be, if it was his business to address a jury not presided over by a judge, and largely composed of persons who only heard the pleadings on the other side in an imperfect and partial way. What has just been said applies primarily to the leading members of a party who undertake the task of advocacy. But the artificiality of combination which the dual system involves has to some extent a demoralising effect on other members of the legislature ; they acquire a habit either of voting frankly without conviction at the summons of the "whip," or of feigning convictions which they do not really hold in order to justify their votes. And the same cause impairs the security for good legislation, apparently furnished by the fact that a measure can only be passed if it has the approval of a majority of the legislators ; since it increases the danger that measures may be passed which are only desired and really approved by a minority — it may even be a small minority if sufficiently fanatical or selfish ; — such measures being acquiesced in by the rest, under the guidance of their leaders, in order to maintain the party majority. Of the gravity of these disadvantages it is difficult to form a general estimate, as it depends largely on the condition of political morality, which is influenced by many causes more or less independent of the form of government : but we may reasonably regard the disadvantages as sufficiently grave to justify a serious consideration of the means of removing or mitigating them. The available remedies are partly political, partly moral : the former will naturally vary much according to the precise form of government adopted. If the Supreme Executive is practicallj- dismissible at any time by a Parliamentary majority — even with the possibility of appealing to the country — the danger of transient and shifting Parliamentary majorities is so great and obvious, that a nation in which the two-party system is firmly established is hardly likely to abandon it. But the case is different with other forms of Representative Government. For instance, where there is a supreme executive appointed for a fixed period, without the power of dissolving Parlia- ment, there is less manifest need of this system ihan where the executive holds office on the English tenure, and less tendency, ceteris paribus, to promote its development : since, in the former case, the party struggle in parliament is not kept always active— as it is in the latter case — by the consciousness that the Cabinet or the Parliament may come to an end at any moment. It is true that the example of the United States might be quoted on the other side, since there the fixed tenure of the Presidency has not interfered with the fullest development of dual party government that the modern world has seen. Here, however, I conceive that the election of the President by the people at large, and the "spoils" system, have operated powerfully to foster this development : if there were a Supreme Executive elected by the legislature, with subordinate officials holding office independently of party ties, I think it probable that the tendency to a dual division of parties — and generally the influence of party on government — would be materially reduced. Assuming that a Parliamentary Executive is retained, the bad effects of two-party govern- ment might still be mitigated in various ways. Substantial portions of legislative and administra- burke's defence of party. 151 tive work might be withdrawn from the control of the party system, under the influence of public opinion, aided by minor changes in parliamentary rules and in the customary tenure of executive offices. Firstly, as I have before suggested, on certain important questions, not closely connected with the business of the executive departments, the preparation of legislation might be entrusted to parliamentaiy committees other than the executive cabinet : and the natural tendency to different lines of divisions on diflferent subjects might thus be allowed fair play. Secondly, certain headships of departments, in which a peculiar need of knowledge, trained skill, and special experience was generally recognized, might be filled by persons not expected normally to retire with their colleagues, when the parliamentary majority supporting the govern- ment of which they were members was turned into a minority ; but only expected to retire when-.- the questions on which issue was joined between the parties related to the administration of their special departments. Again, it would seem possible, by certain changes in the customary relation between the Cabinet and Parliament, to reduce the danger of excessive instability of government consequent on allowing free play to the natural tendency to a multiplicity of parties. Thus, it might be the established custom for ministers not to resign office because the legislative measures proposed by them were defeated, — unless the need of these measures was regarded by them as so urgent that they could not conscientiously carry on the administration of public affairs without them — but only to resign when a formal vote of want of confidence was carried against them in the House of Representatives. This change would at once promote, and be facilitated by, an increased separation of the work of legislation from that ot administration. Again, the introduction of the "Referendum" — even to the limited extent suggested in chapter xxvii. — would at any rate reduce the danger that a minority, concentrating its energies on narrow political aims, may force through legislation not really approved by a majority of the assembly that adopts it. Finally, the operation of the party-system might be checked and controlled — more effectually than it now is in England and the United States by a change in current morality, which does not seem to be beyond the limits of possibility. It might be regarded as the duty of educated persons generally to aim at a judicial frame of mind on questions of current politics, whether they are inside parties or outside. If it is the business of the professional politician to prove his own side always in the right, it should be the point of honour of the "arm-chair" politician, if he belongs to a party, to make plain when and why he thinks his party in the wrong. And probably the country would gain from an increase in the number of persons taking a serious interest in politics who keep out of party ties altogether. BURKE'S DEFENCE OF PARTY. By Dr. Goldwin Smith. Ffoin " The North American Review,'' Vol. CLIV., i8g2. The great sponsor for the morality and the necessity of parly is Burke, whoso words in *' Thoughts on the Present Discontents " have l)een cited a thousand times. Hurkc is a m.ignifi- cent writer, but unless read with reference to lime and circumstance he is very ajU to niisle.nd. Me is the Prince of Pamphleteers, but he is a pamphleteer, and, like all panii)hlcteers, to some extent makes his philosophy for the occasion. " Thoughts on the Present Discontents" is the manifesto of the Rockingham connection of Whigs against the cabal of " King's Friends," who were striving to put an end to constitutional govcrimient, and instal the personal government of George III. in its place by V>ackstairs intrigue, jobbery and corruption. To vindicate any 152 APPENDIX. connection of constitutional statesmen against backstairs intrigue, jobbery, corruption, and the personal government of George III. was not difficult. But as a general vindication of the party system, if it was so intended, this renowned passage will not bear examination. "Party," says Burke, "is a body of men united for promoting by their joint endeavors the national interest upon some particular principle in which they are all agreed." The particular principle appar- ently can be nothing but their joint opinion on the great question or questions of the day. But the great question or questions of the day will in time be settled. When they shall have been settled, what will there be to render the bond of party moral or rational ; what will there be left to hold the connection together but the common desire of political power and pelf? The party ;.will then become a machine, and its cohesion will be maintained either by mere personal associa- tion or by motives and influences more or less corrupt. By the philosophy which is always forth- coming in defence of existing arrangements, particularly those arrangements in which many persons have an active interest, it has been alleged that men are naturally and almost providen- tially divided from their birth into conservatives and liberals. But this bi-section of humanity is a politician's dream. Temperaments vary through an infinite series of gradations, and the same man is conservative on one subject and liberal on another. Youth as a rule, perhaps, is prone to innovation, while age is reactionary. Yet nobody is so violently reactionary as a young aristocrat. Is the community then to be artificially divided into two sections, at perpetual war with each other, for the purpose of carrying on the system ? How is the apportionment to be made, and why, if the existence of the two parties is necessary, should each of them be always traducing and striving to annihilate the other ? Burke's glowing language about a generous contention for power on manly and honorable maxims, and without proscription of opponents, sounds like a satire on party politics as they are. The reality is that which he would exclude by contrast, — "delusion of the ignorant by professions incompatible with human practice and followed by practices below the level of vulgar rectitude." If he could only have seen the machine and the bosses ! If he could only have looked into the office of Mr. Schnadhorst ! If he could only have been present at a nominating convention for the Presidency or witnessed a general election in the England of these days ! A convention of Whig magnates gathered round the dinner table of the Marquis of Rockingham to settle the policy of the connection, and distribute the pocket-boroughs at its command, was the only sort of convention that he had ever seen. Party, unless there is some great question, such as parliamentary reform or slavery, to justify its exist- ence, can be nothing but a fine name for faction, of wliicli ihe ties are passion and corruption, and which always must be in the end, as it always has been, the ruin of the commonwealth. Yet how under the representative and elective system are we to dispense with the party machine ? There is the problem. How are the individual votes to be combined and directed so as to elect the representatives and form the basis for the government ? PARTY GOVEUNMENT. By Charles Richardson. From Annals of the American Academy of Political and Social Science, January, 1892. Among the most important functions of these organizations are the selection of candi- dates and the adoption of a platform or declaration of principles. These responsible duties are intrusted to conventions, composed of delegates chosen for the purpose at the party elections, known as the primaries. Those who have so far conformed to the rules of a party as to be entitled to vote at its primaries may be divided into two classes, as follows : I. Citizens who have no special advantages to gain, and whose only motive for participation is their desire for good govern- ment. ' PAKTY GOVERNMENT. 153 2. Those who are actuated by personal ambition or hopes of securing office, contracts or pecuniary benefits. In order to carry the primaries a considerable amount of time and labor must neces- sarily be expended. The votei-s must communicate with each other : views must be compared and harmonized ; candidates suggested, interviewed and agreed upon ; tickets prepared and supplied, and concert of action secured. This labor is undertaken with eagerness and enthusiasm by the men who are working for the offices or other personal benefits, and are actuated by purely selfish motives. But the majority of citizens, engrossed as they are with private business and family cares, have neither time nor inclination for such tasks. And when their reluctance is overcome, as it occasionally is bj^ their sense of public duty, they are likely to find that their opponents have no hesitation in resorting to misrepresentation, trickery or fraud, in order to control the result. Under these circumstances a small, biit well-disciplined, energetic and un- scrupulous minority can generally defeat the honorable and patriotic majority. It is therefore not surprising that honest and industrious citizens are apt to conclude that it is useless for them to take part in such contests. The growth of this feeling is particularly noticeable in our large cities. Efforts to arrest it are only successful in rare instances, and it seems incAntable that the primaries must continue to be gradually abandoned more and more to the control of the class generally designated as politicians. These gentlemen may have great abilities and many good qualities, but for the reasons just stated, their positions cannot, except in rare cases, be either Avon or retained unless their dominant motives are personal and partisan advantage ; moral principles and the interests of the public being secondary' considerations. Public offices, contracts and patron- age are what they work for and what they must have, by fair means if possible, but if not, then by whatever means may be necessary. For this purpose they are obliged to combine among themselves and submit to such leaders as may seem best able to direct their efforts, and to secure and apportion among them the prizes they covet. Having once acquired complete control of a nominating convention, their natural desire, is of course, to nominate such candidates as will best servo their own personal interests, and in the absence of factional fights among themselves, the only real check upon this desire is their fear of losing enough of the more independent voters to turn the scale in the general elections. This confiict between what they would like to do and what thej' dare to do, usually results in their nominating such men as have no more honesty and independence tlian may seem to be absolutely necessary for ultimate success. And if they can secure candidates who are generally believed to be able and honorable, but who will really obey and assist the spoilsmen, the temptation to nominate them, and thus deceive and outwit the people, can hardly be resisted. In the construction of a party platform the leaders are naturally governed by similar motives, and, instead of publishing a frank statement of their real objects and intentions, they are disposed to adopt whatever may seem most likely to attract the voters. In their effort to do this they seek to treat almost every subject of public interest, but there are necessarily some points in regard to wliich even tlie members of tiieir own party are divided, and it is one of tlie defects of party government tliat while many voters find sentiniuntH which they disapiirove in each platform, they can see no alternative but to elect<^tr3 domiciled within each commune. 9. The names of the electors are in ali)habetical order on the electoral lisi^* : wliirli ought also to include their name, age, business and domicile. 10. The electoral lists are prepared every year. A special list is prepared of those wlio have not fully accomplished the required conditions, 11. The electoral lists must be completey the King, and of two members for each of the bailiwick councils comprised within the electoral circle, and of one member of the communal authority of the largest town of each of the bailiwicks of the circle. Special provisions as to Copenhagen and divided Bailiwicks. Electoral Lists. 53. As the basis of the electoral lists, the proper minister publishes yearly, before the 15th January, the number of rural communes throughout the country, and within each circle of the Landsthing. 54. In the elections of electors of the second degree, the electoral lists in use for the Folkething are employed, with supplementary ones respecting the electors of the first degree. 55. These supplementary lists are prepared in the same manner as those of the Folkething. 56. Preparation of the lists of the electors of the first degree in Copenhagen. Exposure, protests, &c. , same as in the case of lists for the Folkething. 57. Lists of electors of the second degree prepared in other towns, by the communal authority. Exposures, claims, and protests as in Folkething. 58. Any person whom the electoral committee refuses to put on the lists mentioned in sections 56 and 57, may aj^peal to the courts as in section 20. 59. The lists of those electors in the country parts who are most highly taxed and who take part directly in the Landsthing elections are prepared by the committees of their respective circles (see sections 51 and 52). 60. In the preparation of these lists the revenue officers must, before the 15th January m each year, forward to the electoral committees a statement of the rate-payers who have paid to the state and to the commune of the bailiwick the highest taxes, — giving three times the number of such ratepayers as there are rural communes in the district served by the inland revenue office. This statement contains the amount of the taxes paid, and the rural commune where the ratepayer has his domicile. 61. The electoral committees have, before the 1st February, with the assistance of the statements before mentioned, to prepare a list of the ratepayers, who, in the proportion of two for each of the rural communes in the corresponding circle of the Landsthing, are allowed to take part directly in the elections of the Landsthing, ranking them according to the value of their taxes. Printed copies of this list are sent to each communal council of the circle as soon as possible to be exposed for the same time and at the same place as are those for the Folkething. Protests are invited to be fyled within 3 days following the conclusion of the exposure, The committee pronounces upon the protests at a meeting in the end of March ; summoning the interested parties to it, three days in advance. 62. Any person who is refused enrolment on the list may appeal to the courts. 63. Immediately after the sitting mentioned in section 61 at least before the end of March, the committee prepares the final list of electors who pay the highest taxes, which contains a number ec^ual to that of the rural communes of the circle. To provide for vacancies, a supplementary list is prepared, on which are placed the names equal to half the number of the rural communes of the circle, of those next in order of highest taxation. ELECTORAL LAW OF DEXMARK, 163 64. Notice is given to the direct electors of their being such, and of the time and place of election. The list of the direct electors must be prepared at least 8 days before the election of the electors of the second degree. The electors are bound to present themselves on pain of penalty. 65. The calculation of taxes. All the taxes that a person pays to the state, no matter where the properties are situate, are reputed as being paid in the locality in which he is entered as an elector to the Folkething. Election of Electors of the Second Degree. 66. These elections, in Copenhagen, are carried out as in the elections to the Folkething. Outside they are carried out by each commune separately, xmder the direction of their respective communal authorities. The same lists are used as in the Folkething elections. The domiciled electors in the commune or the circles can alone be electors of the second degree. The electors of the'second degree may be chosen by the highest ratepayers from out of the general body of the electors. 67. The elections of the electors of the second degree are fixed by the electoral colleges at Copenhagen, and by the highest ratepayers in the other to^v^ls. The day and place are announced as in section 84. 68. At Copenhagen all the electors on the Folkething lists appoint the electors of the second degree in the proportion of one to 120. An equal number of electors of the second degree are appointed by the ratepayers who had, the previous year, a taxable revenue of at least 2000 EixdoUars,— they are divided among the different circles of the Folkething, as much as possible proportionately to the number of the highest ratepayers in each circle. A list of those elected in the first manner is sent to the circles to prevent dual elections. 69. In the country places all the electors appoint one elector of the second degree in each rural commune. The committee of each circle sends to all the communal authorities within the circle a list of all the highest ratepayers who take a direct part in the Landsthing elections, and who therefore cannot be elected as electors in the second degree. 70. Elections in towns. 71. The voting takes place openly in a convenient place. The circles may be divided into several voting divisions. The electors each vote for as many electors of the second degree as have to be elected within the circle. 72. Three hours after the opening, if no one offers to vote, the election is declared closed. The majority decides. In case of a tie the decision is by lot. 73. The names of those elected are inscribed on a register authorisetl by tlir comuiunal authority. 74. Every person appointed an elector of the second degree is bound to accept the trust unless he can plead a legal objection. 75. Every elector of the second degree who makes default or abstains from voting is subject to a penalty of 20 rixdoUars,— which penalty is absorbed by the ]H,ur box of the commune ; or tlie municipal treasury. 7(;. 'Jlie duties of the electors of tlie second degree terminate with elections of tlio Landstliiiig— unless a re-election is ordered. 77, The electors of the second degree are not bf.iuul by the inBtructions of tlicir con- stituents nor by any engagements they may have ni.idc with them rcHpecting tlie elections. 78. The electors of the second degree receive an indemnity of 48 skillingH per mil.', from their domicile to the place of voting ff.r the LandHthing. 1G4 APPENDIX. Elections of the Members of the Landsthiug. 79. The place of election of certaiu circles is fixed by the King. The day, hour, and place is announced bj'^ the electoral committee, as in section 34. 80. The electors of the second degree and the direct electors must be present at the place, and hour of election. 81. The election meeting is public. All the electors are present, and, after identification, receive a ballot paper containing as many divisions as there are members to elect. 82. The elections for the Landsthing are conducted according to, what is known as, the proportional system. The electors proceed to vote by filling up their ballots. The number of ballot papers handed in to the chairman divided by the number of members of the Landsthing to be elected, forms a quotient which is taken as the basis of election. After the ballots have been lodged and cast into an urn, the chairman draws them out one by one and reads out in a loud voice the name which stands at the head of each ballot. So soon as a name obtains the number of votes equal to the quotient above mentioned the reading is stopped, the ballots verified, and the candidate proclaimed elected. The reading of the remaining ballots is continued, taking care to consider the name of the candidate already elected, and which may be found at the head of the list, as effaced, and to consider the next name at the head of the list. A second candidate is obtained, as before, when his name reaches the quotient ; — and so on until the ballots are all drawn out. 83. If there still remain members to be elected, the names of those who have obtained the greatest number of ballots are selected to fiU the remaining places, provided always that the person to be elected must obtain at least one-half of the quotient in the number of votes •cast for him. In case of ties the lot must decide. 84. If there still remain elections to be completed, the ballots are read over again, and out of the candidates placed at the head of the ballots, who have not already been elected, a sufficient number is taken to fill the number of members required. 85. Special provisions as to Bornholm and Faroe. 86. The committee cannot reject votes because they have been given to men whose qualifications are doubted. The Landsthing determines questions of this kind, when they present themselves before it. 87. All that passes at the election meeting is entered in the Register, and examined by the chairman. This Register must contain exact and particular information, — the number of ballots cast, the number of those who were elected, and the number of votes given to each, the ballots rejected and the reasons therefor. The ballots are then sealed up and preserved. The chairman then notifies the elected members of their election. If they do not refuse to act within 8 days they are taken to consent. Eight days, thereafter, the Chairman sends a copy of the Register to the Minister in charge. He, in turn, lays it before the Landsthing when they meet. General Provisions. 88. General elections, every three years for the Folkething, and every four years for the moiety of elective members of the Landsthing. 89. A member of the Rigsdag elected to replace another serves for the time that the member whom he replaces would have served. 90. The king fixes the day of the general elections. Tlie elections for the Folkething coming first. For bye-elections the date is fixed by the proper minister, 91. Every person elected to the Rigsdag receives a letter, signed by the electoral committee to that effect. VOTING BY COMMAND. 165 92. Any person, neglecting the duties imposed by the present law, is subject to a fine of from 10 to 200 rixdoUars ; unless a severer penalty has been imposed. 93. The costs of the elections to the Folkething are.'broadly speaking, paid by the treasurer of the commune. 94. Travelling allowances of 48 skillings per mile are allowed to the members of the electoral committees for verifying hsts, &c. The electors votmg directly are not allowed any kind of indemnity. This refers to the Landsthing. 95. All the costs of the Landsthing elections are paid by the chairman of the electoral committee. He prepares a statement which is veritied by the council of the Bailiwick, where the election occurs. i'6. After this statement is verified, the chairman divides the costs of the election among the communes of the circle, according to the number of electors of the second degree each commune has to appoint. One month after the receipt of notice the communal authorities are obliged to reimburse the chairman the proportion to be paid by them, under a penalty. 97. The chairman of the committee of each'of the Landsthing circles (except Copenhagen and Faroe) is authorised to secure an advance from the treasury of the Bailiwick where the election occurs of the necessary sum, on condition of repayment within 3 months following the election. 98. Costs of elections how paid in Copenhagen and Faroe. 99. Every member of the Rigsdag receives an indemnity of three rixdollars per diem while the session lasts. Travelling expenses are also allowed. 100. Repeal of laws. VOTING BY COMMAND. By Dr. Wicksteed. From " The Week" May 13th, 1S92. In order that the Canadians may fully appreciate the importance of tlie ((uestion of compulsory voting, I desire to place before them the following statements submitted to the members of the Select Committee of the House of Commons of Canada, to whose consider- ation has been referred the Bill of the present session entitled, " An act to make voting compulsory": — Relying upon the desire wliich actuates tlic members of this committee, tlie desire to calmly and thoroughly investigate and pass upon the principles involved in the Bill before them, I venture to put forward, in writing, a few extracts from the works of others, bearing upon the subject of compulsory voting in elections for the House of Connnons. The question wliether an elector in Canaet only those vote who value the privilege sufficiently U) make an effort, only a slight om- but still an active step, to secure the privilege. Tliis may at first sight aj>pear reactionary iw it is radical, but the mode I HUggest of carrying tlie plan out is not n-actionary at all. I would place tlie right to vote within the reach of every male IJritinh siibjeot of twenty-one years of age who lives in Canada, but I would exact of him the active stop of appcarintf personally before the proper ofiicial ami entering his name on the list. If any resident of Canada be not willing to take so much trouble as this once a year to secure the right to have his nay in the 170 APPENDIX. management of our public affairs, either he is so ignorant of the duties and privileges of citizen- sliip that he is not competent to vote intelligently or he does not take sufficient interest in the affairs of the communitj-- to study them enough to vote properly. If a man has thus taken the trouble to obtain the right to vote, he is pretty sure to make use of it if he conscientiously can. There are but iew difficulties in the way of this reform, while nearly all the objectionable features of our present arrangememts would disappear. The scheme I would suggest, after considerable thought given to it during several years of active participation in election work is this : That in a certain month of the year, say May or September, the secretary-treasurer of the municipality, or in large cities an officer appointed for the purpose, should during certain hours of the day keep open a register for voters. Any man who would appear before him and make oath (the official being empowered ex-officio to adminster oaths) that he was a British subject, twenty-one years of age, a resident in the municipality at that time, and that he had not registered anywhere else that year, should have his name entered as a voter. In case of confinement to the house by sickness during the whole of the month, a doctor's certificate under oath would entitle the applicant to registration without personal appearance, and absence from Canada during the whole month, properly established by oath would do the same. This list should come in force at the end of the given month and be valid for one year. The same process for a new list being gone through each year. This list would cost hardly anything, there being no labor on the part of the officer to hunt up names, no enquiry into qualification, no revision. The man making oath would be liable to prosecution for perjury, if swearing falsely, which would be sufficient check on improper registration. This plan involves the principle of one man one vote, which is the only true principle of a democratic franchise. No doubt at first the number of voters would be lessened, but it would be the indifferent or ignorant who would be left off, just the men who now either do not vote or put up their vote for sale. A further enactment ought to go with this scheme ; namely, that paying a man for his time and trouble in registering or inducing him to register, would, in the first place deprive him of the right to vote, and also be punishable by a fine or imprisonment for either party to the bargain. I do not suppose that this or any other expedient will do away with bribery in elections until the voters themselves become honest, but I do believe that it would greatly lessen the evil of corrupt elections. The time of registration would not usually be in the heat of a contest and men would not be so easily induced to pledge themselves to an unknown candidate or to a future contest as they now are willing to sell themselves for cash clown within a few days or a few hours of voting. A politician or a party even would not be so willing to pay out money to men for an uncertain return, and consequently bribery would be made more risky. This scheme is put forward as a reform, which I am confident would do more than any other so far suggested to improve our election work, while at the same time it would remove nearly all the expense and labor, and waste of time involved in the making up of our voters lists and so render corruption more difficult. Certainly some reform in these matters is absolutely necessary if Canada is to be governed by her people in their own interests, and the most just and most effective mode is to shut out the ignorant, indifferent and corrupt from the power to control the election of the representatives. POSTSCRIPT. The foregoing excerpts present in a condensed form the views of many public men who have given much attention to the subject sub- mitted for consideration. It is beHeved they will not be unacceptable to some of those readers who do not live within reach of public libraries, where they could have access to the original works. While they were passing through the press, two articles have appeared which the writer deems it expedient to add to the list. The first in the " Week" of May 13th, by Dr. Wicksteed. of Ottawa, under the heading " Voting by Command;" the second in the " Montreal Herald" of May 24th, by Mr. Sydney Fisher, for many years member of the Dominion House of Commons, under the heading " Compulsory Voting." The first expresses the convictions of that section of the community which in order to obtain the voice of the people advocates the introduction of a law by which electors would be compelled to vote or be punished. The second takes a different view and with the design of shutting out the ignorant, indifferent and corrupt, from the power of controlling elections, submits a plan which he thinks would have that effect ; he is of opinioii too that it would tend to raise the franchise so as to embrace chiefly, those who are sufficiently inttelligent to value their political privileges and are patriotic enough to exercise them properly. These articles together with the introduction of a Bill in the Canadian Parliament to enact the principle of compulsory voting and the appointment of a special committee to consider the expediency of adopting the principle, arc at least hopeful indications that among members of the House of Commons of Canada the feeling is arising that some amendment of our electoral system is imperatively called for. The Proportional Representation Society has already been alluded to (page 30) : a list of members of the British House of Commons who had joined this organization will be found at page 88, and in this list will be noticed the names of no less than twelve members who arc, or were, ministers of the Crown, and of these, four ranked as "cabinet" ministers in Lord Salisbury's adminis- tration. Such facts attest that the public conscience in both countries is being awakened to the necessity of some radical change in electoral methods. The writer is unable himself to recognize that any extraordinary results of a beneficial character would be achieved by the enforcement of 172 POSTSCRIPT. a system of compulsory voting. Taken by itself as explained in Dr. Wicksteed's paper, it would give no freedom of choice to the elector. Compulsory voting would not touch the real difficulty, which leads to party organization, and its outcome, the caucus system by which the choice is determined. The candidates would be selected as at present, and as a rule by coteries of party politicians. The ordinary independent voter would not have the remotest voice in the selection, and many will consider it a monstrous proposal that an elector should be forced by legis- lative enactment, under threat of fine, to vote for one of the two party can- didates, in neither of whom he could place confidence. For this is practically what he would be reduced to, if he were dragged in his despite to the polls, and compelled to choose between two evils. His alternative would be to pay the penalty, or go through an empty form which would render his vote of no effect whatever. Would not high minded men, rich and poor alike, feel themselves humiliated and degraded in being thus coerced ? If compulsory voting could be effectively enforced, its tendency would be to drive all composing the voting com- munity, whether they will or not, to take sides with one party or the other. It would by no means remove the evils of party government. Its direct consequence would be to separate the community more completely than even at present, into two great political divisions. In what way then would it effect good ? Would it not tend to intensify party bitterness? Would it not consolidate and perpetuate the dualism which we deplore ? Would it not always leave unrepresented in parlia- ment that great mass of the electors who had supported the defeated candidates ? High authorities have expressed the opinion that representative government is on its trial. We may ask the question ; has true repre- sentative government ever yet been tried.-' The writer is profoundly convinced that our present duty is to make every effort to obtain this ideal government, and seek for nobler ideas of public life than now prevail, that is to say if we are to be freed from the political ills from which we suffer. The issue, with greater accuracy, may be set forth that it is government by party which is on its trial. Can we doubt what the verdict will be, when we have something better to take its place ? The foregoing pages indicate the views which begin to dominate on both sides of the Atlantic on this subject ; the lesson is inculcated that we have reached the stage when we should aim to lay aside the spirit of antagonistn mid ivrong which we have acquired by transmission from the distant past, and substitute the spirit of amity and right, in national, as we do in almost all other human affairs. We recognize that we are in an POSTSCRIPT. 173 age of evolution : the arts and sciences are expanding civilization in every sphere of activity, and it appears inconsistent with the law of progress that the domain of government should remain non-progressive or become retrogressive. The evidence before us leads to the conviction that to enter on the path of progress, popular government must stand on a broader and sounder basis than that of party. We must hope for a political evolution which will enable every man in the land to feel that the acts of the government are his acts, that the laws made by parliament are made by those who represent him. We must look for a political development based on the fundamental principles of our constitution ; one which will bind every individual life, in the common life of the state ; a development which removing the causes of chronic internal dissensions, will benefit societ)', will give strength and stability to the commonwealth, and enable it the better to stand the test of time. To determine the best means of effectively promoting this high public purpose is the end and object of the appeal which the Canadian Institute submits to the world of thought and constructive statesmanship. It cannot be doubted that this object will find earnest sympathy with every well wisher of his country. S. F. Ottawa, May 26th, 1892. CONTENTS. Page. Memorandum by the Council, of the Canadian Institute, April 4th, 1892 3 Conditions on which prizes will be awarded 5 Letter to the Canadian Institute, from Sandford Fleming 7 "Note " Accompanying Mr. Fleming's letter q Supplementary Note by Mr. Sandford Fleming 25 PAPERS AND EXTRACTS. 1 ■> jj 1 Cause and Effect of Party, from a Disquisition on Government, by J. C. Calhoun, 1849. 2 Party Government Adverse to Good Government, Eraser's Magazine, Vol. 49, 1854. 35 3 Checks and Balances, by Earl Russell, 1854 36 4 Hare on Representatives, 1S57, A Resume by John Francis Waters, M. A 36 5 The Danish Electoral Law of 1855, by the late Lord Lytton, 1863 41 6 Fair Representation, from a speech by Lord Sherbrooke, 1867 49 7 Mis-representation, from the Fortnightly Review, Vol. 8, 1870 49 8 Political Parties and Politicians, from "The American System of Government," by E. C. Seaman 1870 50 9 Political Corruption, from the Canadian Monthly, Vol. 2, 1872 54 10 Party Politics, from the Canadian Monthly, Vol. 2, 1872 58 11 Explanation of Hare's Scheme of Representation, by M. G. Fawcett, 1872 63 12 Decline of Party Government, by Gold win Smith Macmillan's Mag., Vol. 36, 1877. 66 13 Representation of Minorities, by Leon'd Courtney. Nineteenth Century, Vol. 6, 1879. 67 14 Party Rule in the United States, from "a True Republic," by Albert Stickney, 1879.. 69 15 Representative Government in England, by David Syme, 1881 75 16 Electing Representatives, by H. R. Droop, from Journal of Statistical Society, 1881. . ' 79 17 Partizan Government, by Wm. D. Le Sueur. North American Review, 1881 84 18 Proportionate Representation by F. Seebohm, Contemporary Review, Vol. 44, 1883. 85 19 Proportional Representation, from The Nineteenth Century, Vol, 15, 1884 86 20 Proportional Representation Society, from " " Vol. 15, 1884.. 87 21 Representation and Misrepresentation, from The Westminster Review, Vol. 65, 1S84. 90 22 Party Struggles, from England and Canada, by Sandford Fleming, 1884 92 23 The Despotism of Party, by Herbert Tutlle, the Atlantic Monthly, Vol. 54, 1SS4 93 24 Representative Government, by John Stuart Mill, 1884 94 25 Party Government, Ijy Mathew Macfie, The Contemporary Review, Vol. 46, 1884. . . 100 26 Parly Feeling, from "Popular Government," by Sir Henry S. Maine, 1884 101 27 Representation, by Sir John Lubbock, 1885 105 28 Party and Principle, from the Quarterly Review, Vol. 163, 1886 108 29 Party and Patriotism, by Syrlney E. Williams, 1886 109 30 Party Government, from the Westminster Review, Vol. 69, 1S86 1 1 1 31 The Danger of Parly, by Frederic Harrison, Contemporary Review, Vol. 49, 1886., 114 32 Party and Patriotism, from The National Review, Vol. 7, 1886 115 33 Party or Empire " " " 115 34 Thoughts about Party, by I.ord Seli)ornc, The Contemporary Review, Vol. 51, 18S7. . 1 16 35 A Political Problem, by Samlfonl Fleming. iVans. Rcjy. Soc. Canad.i, Vol. 7, 18S9. . 1 17 36 The Degradation of Politics, by Dr. F. A. P. Uarnard, in The Forum. Vol. 9, 1890.. 123 37 Parliamentary vs. Party Government, address by Sandford Fleming at Queen's Univer- sityj 1891 '27 176 CONTENTS. Page. 38 Plan for Minoi"ity Representation, by Prof. J. R. Commons, in Review of Reviews Vol. 4, 1891 136 39 Party Spirit and its Vices, from "Democratic Government," by E. de Laveleye, 1891 . . 138 40 The Politicians of To-day, by James Bryce. The American Commonwealth, 1891.. 140 41 Proportional Representation — The Gove System, 1892 143 42 Parties and Party Government, from " Elements of Politics" by Henry Sidgwick, 1892 149 43 Burke's defence of Party, by Dr. Gold win Smith, North American Review, No. 426, 1892 151 44 Party Government, by Charles Richardson, Annals Am. Academy, Jan., 1892 152 45 Proportional Representation, by Prof. J. R. Commons, Annals Am. Acad., Mar., 1892 I54 46 The Electoral Law of Denmark. Translated and Analysed by Dr. Wicksteed, 1892. . 158 47 Voting by Command, by Dr. Wicksteed, from " the Week" May 13th, 1892 165 48 Compulsory Voting, by Sydney Fisher 169 Postscript by Sandford Fleming, May 26th, 1892 171 I 874S 4 I i UNIVERSITY OF CALIFORNIA AT LOS ANGELES THE UNIVERSITY LIBRARY This book is DUE on the last date stamped below NOV 1 4 1953 K.iviii I, O-i:./// T.':;.") 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