Proper Sphere of Government: Letter II
Philosophical politicians usually define government, as a body whose province it is, to provide for the “general good.” But this practically amounts to no definition at all, if by a definition is meant a description, in which the limits of the thing described are pointed out. It is necessary to the very nature of a definition, that the words in which it is expressed should have some determinate meaning; but the expression “general good,” is of such uncertain character, a thing so entirely a matter of opinion, that there is not an action that a government could perform, which might not be contended to be a fulfilment of its duties. Have not all our laws, whether really enacted for the public benefit or for party aggrandisement, been passed under the plea of promoting the “general good?” And is it probable that any government, however selfish, however tyrannical, would be so barefaced as to pass laws avowedly for any other purpose? If, then, the very term “definition,” implies a something intended to mark out the boundaries of the thing defined, that cannot be a definition of the duty of a government, which will allow it to do anything and everything.
It was contended in the preceding letter, that “the administration of justice” was the sole duty of the state. Probably it will be immediately objected, that this definition is no more stringent than the other—that the word “justice” is nearly as uncertain in its signification as the expression “general good” —that one man thinks it but “justice” towards the landowner, that he should be protected from the competition of the foreign corn grower; another maintains that “justice” demands that the labourer’s wages should be fixed by legislation, and that since such varied interpretations may be given to the term, the definition falls to the ground. The reply is very simple. The word is not used in its legitimate sense. “Justice” comprehends only the preservation of man’s natural rights. Injustice implies a violation of those rights. No man ever thinks of demanding “justice” unless he is prepared to prove that violation; and no body of men can pretend that “justice” requires the enactment of any law, unless they can show that their natural rights would otherwise be infringed. If it be conceded that this is the proper meaning of the word, the objection is invalid, seeing that in the cases above cited, and in all similar ones, it is not applicable in this sense.
Having thus examined the exact meaning of the new definition, and having observed its harmony with the original wants of society, we may at once proceed to consider its practical applications; and, in the first few cases, it may be well, for the sake of showing the different effects of the two principles, to note, at the same time, the results of the doctrine of “general good.” First, the great question of the day—the corn laws. Our legislators tell us that we have an enormous national debt; that we have to pay the interest of it; and that a free trade would so change the value of money, that we should not be able to raise the taxes; moreover, that were we to allow a competition, between foreign and home-grown produce, the land must be thrown out of cultivation—our agricultural population would be deprived of employment—and that great distress must be the result. These and sundry other plausible reasons, they bring forward, to show that restrictions upon the importation of corn, are necessary to the “general good.” On the other hand, suppose we had free trade. Could our farmer complain that it was an infringement of his natural rights, to allow the consumers to purchase their food from any other parties whose prices were lower? Could he urge that the state was not acting justly towards him, unless it forced the manufacturer to give him a high price for that, which he could get on more advantageous terms elsewhere? No. “Justice” would demand no such interference. It is clear, therefore, that if the “administration of justice” had been recognised as the only duty of government, we should never have had any corn laws; and, as the test may be applied to all other cases of restrictions upon commerce with a similar result, it is equally evident, that upon the same assumption, we should always have had free trade.
Again, our clergy and aristocracy maintain, that it is eminently necessary for the “general good” that we should have an established church. They would have us believe that the Christian religion is of itself powerless—that it will never spread unless nurtured by the pure and virtuous hand of the state—that the truth is too weak to make its way without the assistance of acts of parliament—and that mankind are still so universally selfish and worldly, that there is no chance of the gospel being taught, unless comfortable salaries are provided for its teachers—practically admitting, that were it not for the emoluments their own ministry would cease, and thus inadvertently confessing, that their interest, in the spiritual welfare of their fellow-creatures, is co-extensive with their pecuniary expectations. But, what says the other definition? Can it be contended, that it is unjust to the community to allow each individual to put what construction he sees best upon the scriptures? Can the man who disputes the authority of learned divines, and dares to think for himself, be charged with oppression? Can it even be maintained, that he who goes so far as to disbelieve the Christian religion altogether, is infringing the privileges of his fellow-man? No. Then it follows, that an established church is not only unnecessary to the preservation of the natural rights of man, but that inasmuch as it denies the subject the “rights of conscience,” and compels him to contribute towards the spread of doctrines of which he does not approve, it is absolutely inimical to them. So that a state, in setting up a national religion, stands in the anomalous position of a transgressor of those very rights, that it was instituted to defend. It is evident, therefore, that the restrictive principle, would never have permitted the establishment of a state church.
And now, let us apply the test to that much-disputed question—the poor law. Can any individual, whose wickedness or improvidence has brought him to want, claim relief of his fellow-men as an act of justice? Can even the industrious labourer, whose distresses have not resulted from his own misconduct, complain that his natural rights are infringed, unless the legislature compels his neighbours to subscribe for his relief? Certainly not. Injustice implies a positive act of oppression, and no man or men can be charged with it, when merely maintaining a negative position. To get a clearer view of this, let us again refer to a primitive condition of society, where all start with equal advantages. One part of the community is industrious and prudent, and accumulates property; the other, idle and improvident, or in some cases, perhaps, unfortunate. Can any of the one class fairly demand relief from the other? Can even those, whose poverty is solely the result of misfortune, claim part of the produce of the industry of the others as a right? No. They may seek their commiseration; they may hope for their assistance; but they cannot take their stand upon the ground of justice. What is true of these parties, is true of their descendants; the children of the one class stand in the same relation to those of the other that existed between their parents, and there is no more claim in the fiftieth or sixtieth generation than in the first.
Possibly it may be objected to the assumption that the different classes started upon equal terms, that it is not only entirely gratuitous, but that it is contrary to fact; as we all know, that the property was seized by the few, while the many were left in poverty without any fault of their own and, that in this circumstance, originates the right in question. I reply, that when it can be shown that the two classes of the present day, are the direct descendants of those alluded to; when it can be shown that our poor are the children of the oppressed, and that those who have to pay poor rates are the children of the oppressors, then, the validity of the objection will be admitted; but that until this is shown to be the truth, or an approach to the truth, the objection may be disregarded. It appears, then, that the proposed definition of the duty of the state, would never have allowed the existence of a poor law.