Proper Sphere of Government: Letter X

Had our governors always taken care, duly to perform their original, and all-important functions—had the administration of justice ever stood pre-eminent in their eyes—had it at all times been considered as the one thing needful—and had no other questions ever been entertained at its expense, then might their interference, in matters with which they had no concern, have been more excusable. But it is not so. To the long list of their sins of commission, we have to add the sin of omission; and most grievously has the nation suffered from their neglect, as well as from their officiousness.

Describe to an unbiased arbitrator the relationship existing between a people and a government. Tell him that the legislature is a body deputed by the nation to keep order, to protect person and property, and that these are its most important, if not its only duties. Tell him that every man practically gives in his allegiance to this body—that he annually pays towards its support a considerable portion of his earnings—that he sacrifices to it his personal independence—and that he does these things, in the expectation of receiving from it, the advantages of that protection, which it is presumed to give in return for such deprivations. Explain all this, and then ask him to state, in what manner he should expect the government, to fulfill its part of the contract. He would say that when the subjects had paid their taxes, and submitted themselves to the authorities, they had done all that could be required of them—that it remained with those authorities to carry home to every man the benefits of civil order—that the revenue was subscribed by the people for the express purpose of defraying the charges of this protective establishment—and that, after men had thus prepaid the government, it would be a most unjust proceeding for that government to put them to additional expense whenever it was called upon to perform its duty towards them. From these considerations he would infer that it behoved the state to establish courts of justice, which should be easy of access, speedy in their decisions, and in which every man should be able to obtain the protection of the law, free of cost. Such is the obviously equitable conclusion at which a conscientious umpire would arrive. How widely different from the reality! Our legislators tax the people to a most exorbitant extent; squander the money thus wrested from the toiling artisan in the support of institutions for the benefit of the rich; maintain, by its aid, standing armies to ensure popular subjection; and, when the misused subject demands of the government that it defend him in the exercise of his rights and privileges—when he asks it to fulfill the duties for which it was instituted—when he requests it to do for him that for which he has already paid it so extravagantly—what is its conduct? Does it willingly and efficiently respond to his demand? Does it, without further reward, fully and fairly administer the laws? Does it send forth its officers, commanding them diligently to secure to every one, that protection, which he has sacrificed so much to obtain? Does it take up the cause of the poor man, and defend him against the aggressions of his rich neighbour? No! it does none of these things. It turns over the complainant to the tender mercies of solicitors, attorneys, barristers, and a whole legion of law officers. It drains his purse with charges for writs, briefs, affidavits, subpoenas, fees of all kinds, and expenses innumerable. It involves him in all the mazy intricacies of common courts, chancery courts, suits, counter-suits, and appeals; and thousands of times has it overwhelmed with irretrievable ruin, the man whose person and property it was bound to defend. And this is our “glorious constitution!”

We pity the poor subjects of oriental despotism. We view their absolute form of government with contempt. We turn from it to contemplate what we call our “free institutions” with pride, and congratulate ourselves upon the superiority of our condition. Yet might these autocrat-ridden people hold up to the world’s scorn, the results of our seemingly “free institutions.” Many and many a case could they point out in this “land of liberty,” of misery and famine, inflicted by the rich man’s tyranny—of wrongs endured, because money was wanting wherewith to purchase redress—of rights unclaimed, because contention with the powerful usurper was useless—aye, hundreds upon hurdreds might they find, whose hollow cheeks and tattered clothing, could bear testimony to the delusiveness of English justice. And then, by way of contrast, they could tell of the active and even-handed legislation of many an absolute monarch. Countless examples might they point out, of justice freely and fairly administered by Eastern sultans—instances where the poor and weak could pour their tales of tyranny into the ear of the monarch himself, and obtain assistance—where wealth and interest were not required to secure protection; neither were any shield to the oppressor. Fie upon Englishmen that they should still continue to praise and venerate a mere shadow—to pride and congratulate themselves upon the possession of what is daily demonstrated to be a hollow mockery! How long will men allow themselves to be cheated by an empty name? Not only has our government done those things which it ought not to have done, but it has left undone those things which it ought to have done; and truly may it be said that there is no health in it.

Let us, therefore, bear in mind that, by permitting our rulers to spend their time and our money in the management of matters over which they ought to have no control, we not only entail upon ourselves, the evils arising from their mischievous legislation, but likewise those resulting from the neglect of their real duties.