Chapter 13
What suffrage records, in opposition it may be to educated opinion, as such, is the mental state of the people, and their choices of the men they trust with the accomplishment of what is to be done. If the suffrage is exposed to defect in wisdom by reason of its dulness and ignorance, which I by no means admit, the remedy lies not in a guardianship of the people by the educated class, but in popular education itself, in lower forms, and the diffusion of that general information which, in conjunction with sound morals, is all that is required for the comprehension of the great questions decided by suffrage, and the choice of fit leaders who shall carry the decisions into effect. The vast increase of this kind of intelligence, bred of such schools and such means for the spread of political information as have grown up here, has been a measureless gain to man in many other than political ways. No force has been so great, except the discussion of religious dogma and practice under the Reformation in northern nations, in establishing a mental habit throughout the community. The suffrage also has this invaluable advantage, that it brings about a substitution of the principle of persuasion for that of force, as the normal mode of dealing with important differences of view in State affairs; it is, in this respect, the corollary of free speech and the preservative of that great element of liberty, and progress under liberty, which is not otherwise well safe-guarded. It is also a continuous thing, and deals with necessities and disagreements as they arise and by gradual means, and thus, by preventing too great an accumulation of discontent, it avoids revolution, containing in itself the right of revolution in a peaceable form under law. It is, moreover, a school into which the citizen is slowly received; and it is capable of receiving great masses of men and accustoming them to political thought, free and efficient action in political affairs, and a civic life in the State, breeding in them responsibility for their own condition and that of the State. It is the voice of the people always speaking; nor is it to be forgotten, especially by those who fear it, that the questions which come before the suffrage for settlement are, in view of the whole complex and historic body of the State, comparatively few; for society and its institutions, as the fathers handed them down, are accepted at birth and by custom and with real veneration, as our birthright,--the birthright of a race, a nation, and a hearth. The suffrage does not undertake to rebuild from the foundations; the people are slow to remove old landmarks; but it does mean to modify and strengthen this inheritance of past ages for the better accomplishment of the ends for which society exists, and the better distribution among men of the goods which it secures.
Fraternity, the third constituent of democracy, enforces the idea of equality through its doctrine of brotherhood, and enlarges the idea of liberty, which thus becomes more than an instrument for obtaining private ends, is inspired with a social spirit and has bounds set to its exercise. Fraternity leads us, in general, to share our good, and to provide others with the means of sharing in it. This good is inexhaustible and makes up welfare in the State, the common weal. It is in the sphere of fraternity, in particular, that humanitarian ideas, and those expressions of the social conscience which we call moral issues, generally arise, and enter more or less completely into political life. In defining politics as, in the main, a selfish struggle of material interests, this was reserved, that, from time to time, questions of a higher order do arise, such as that of slavery in our history, which have in them a finer element; and, though it be true that government has in charge a race which is yet so near to the soil that it is never far from want, and therefore government must concern itself directly and continuously with arrangements for our material welfare, yet the higher life has so far developed that matters which concern it more intimately are within the sphere of political action, and among these we reckon all those causes which appeal immediately to great principles, to liberty, justice, and manhood, as things apart from material gain or loss, and in our consciousness truly spiritual; and such a cause, preeminently, was the war for the Union, heavy as it was with the fate of mankind under democracy. In such crises, which seldom arise, material good is subordinated for the time being, and life and property, our great permanent interests, are held cheap in the balance with that which is their great charter of value, as we conceive our country.
Yet even here material interests are not far distant. Such issues are commonly found to be involved with material interests in conflict, or are alloyed with them in the working out; and these interests are a constituent, though, it may be, not the controlling matter. It is commonly felt, indeed, that some warrant of material necessity is required in any great political act, for politics, as has been said, is an affair of life, not of free ideas; and without such a plain authorization reform is regarded as an invasion of personal liberty of thought, expression, or action, which is the breeding-place of progressive life and therefore carefully guarded from intrusion. In proportion as the material interests are less clearly affected injuriously, a cause is removed into the region of moral suasion, and loses political vigour. Religious issues constitute the extreme of political action without regard to material interests, wars of conversion being their ultimate, and they are more potent with less developed races. For this reason the humanitarian and moral sphere of fraternity lies generally outside of politics, in social institutions and habits, which political action may sometimes favour as in public charities, but which usually rely on other resources for their support. On occasions of crisis, however, a great idea may marshal the whole community in its cause; and, more and more, the cause so championed under democracy is the spiritual right of man.
But fraternity finds, perhaps, its great seal of sovereignty in that principle of persuasion which has been spoken of already, and in that substitution of it for force, in the conduct of human affairs, which democracy has made, as truly as it has replaced tyranny with the authority of a delegated and representative liberty. Persuasion, in its moral form, outside of politics,--which is so largely resorted to in a community that does not naturally regard the imposition of virtue, even, with favour, but believes virtue should be voluntary in the man and decreed by him out of his own soul,--need not be enlarged upon here; but in its intellectual form, as a persuasion of the mind and will necessarily precedent to political action, it may be glanced at, since law thus becomes the embodied persuasion of the community, and is itself no longer force in the objectionable sense; even minorities, to which it is adversely applied, and on which it thus operates like tyranny, recognize the different character it bears to arbitrary power as that has historically been. But outside of this refinement of thought in the analysis, the fact that the normal attitude of any cause in a democracy is that men must be persuaded of its justice and expediency, before it can impose itself as the will of the State on its citizens, marks a regard for men as a brotherhood of equals and freemen, of the highest consequence in State affairs, and with a broad overflow of moral habit upon the rest of life.
That portion of the community which is not reached by persuasion, and remains in opposition, must obey the law, and submit, such is the nature of society; but minorities have acknowledged rights, which are best preserved, perhaps, by the knowledge that they may be useful to all in turn. Those rights are more respected under democracy than in any other form of government. The important question here, however, is not the conduct of the State toward an opposition in general, which is at one time composed of one element and at another time of a different element, and is a shifting, changeable, and temporary thing; but of its attitude toward the more permanent and inveterate minority existing in class interests, which are exposed to popular attack. The capital instance is property, especially in the form of wealth; and here belongs that objection to the suffrage, which was lightly passed over, to the effect that, since the social will has no limits, to constitute it by suffrage is to give the people control of what is not their own. Property, reenforced by the right of inheritance, is the great source of inequality in the State and the continuer of it, and gives rise perpetually to political and social questions, attended with violent passions; but it is an institution common to civilization, it is very old, and it is bound up intimately with the motive energies of individual life, the means of supplying society on a vast scale with production, distribution, and communication, and the process of taking possession of the earth for man's use. Its social service is incalculable. At times, however, when accumulated so as to congest society, property has been confiscated in enormous amounts, as in England under Henry VIII, in France at the Revolution, and in Italy in recent times. The principle of paramount right over it in society has been established in men's minds, and is modified only by the social conviction that this right is one to be exercised with the highest degree of care and on the plainest dictates of a just necessity. Taxation, nevertheless, though a power to destroy and confiscate in its extreme exercise, normally takes nothing from property that is not due. It is not a levy of contributions, but the collection of a just debt; for property and its owners are the great gainers by society, under whose bond alone wealth finds security, enjoyment, and increase, carrying with them untold private advantages. Property is deeply indebted to society in a thousand ways; and, besides, much of its material cannot be said to be earned, but was given either from the great stores of nature, or by the hand of the law, conferring privilege, or from the overflowing increments of social progress. If it is naturally selfish, acquisitive, and conservative, if it has to be subjected to control, if its duties have to be thrust upon it oftentimes, it has such powers of resistance that there need be little fear lest it should suffer injustice. Like education, it has great reserves of influence, and is assured of enormous weight in the life of the community. Other vested interests stand in a similar relation to the State. These minorities, which are important and lasting elements in society, receive consideration, and bounds are set to liberty of dealing adversely with them in practice, under that principle of fraternity which seeks the good of one in all and the good of all in one.
Fraternity, following lines whose general sense has been sufficiently indicated, has, in particular, established out of the common fund public education as a means of diffusing intellectual gain, which is the great element of growth even in efficient toil, and also of extending into all parts of the body politic a comprehension of the governmental scheme and the organized life of the community, fusing its separate interests in a mutual understanding and regard. It has established, too, protection in the law, for the weak as against the strong, the poor as against the rich, the citizen as against those who would trustee the State for their own benefit; and, on the broad scale, it provides for the preservation of the public health, relief of the unfortunate, the care of all children, and in a thousand humane ways permeates the law with its salutary justice. It has, again, in another great field, established toleration, not in religion merely, but of opinion and practice in general; and thereby largely has built up a mutual and pervading faith in the community as a body in all its parts and interests intending democratic results under human conditions; it has thus bred a habit of reserve at moments of hardship or grave difficulty,--a respect that awaits social justice giving time for it to be brought about,--which as a constituent of national character cannot be too highly prized.
The object of all government, and of every social system is, in its end and summary, to secure justice among mankind. Justice is the most sacred word of men; but it is a thing hard to find. Law, which is its social instrument, deals with external act, general conditions, and mankind in the mass. It is not, like conscience, a searcher of men's bosoms; its knowledge extends no farther than to what shall illuminate the nature of the event it examines; it makes no true ethical award. It is in the main a method of procedure, largely inherited and wholly practical in intent, applied to recurring states of fact; it is a reasonable arrangement for the peaceful facilitation of human business of all social kinds; and to a considerable degree it is a convention, an agreement upon what shall be done in certain sets of circumstances, as an approximation, it may be, to justice, but, at all events, as an advantageous solution of difficulties. This is as true of its criminal as of its civil branches. Its concern is with society rather than the individual, and it sacrifices the individual to society without compunction, applying one rule to all alike, with a view to social, not individual, results, on the broad scale. Those matters which make individual justice impossible,--especially the element of personal responsibility in wrong-doing, how the man came to be what he is and his susceptibility to motives, to reason and to passion, in their varieties, and all such considerations,--law ignores in the main question, however it may admit them in the imperfect form in which only they can be known, as circumstances in extenuation or aggravation. This large part of responsibility, it will seem to every reflective moralist, enters little into the law's survey; and its penalties, at best, are "the rack of this rude world." Death and imprisonment, as it inflicts them, are for the protection of society, not for reformation, though the philanthropic element in the State may use the period of imprisonment with a view to reformation; nor in the history of the punishment of crime, of the vengeance as such taken on men in addition to the social protection sought, has society on the whole been less brutal in its repulse of its enemies than they were in their attack, or shown any eminent justice toward its victims in the sphere of their own lives. It is a terrible and debasing record, up to this century at least, and uniformly corrupted those who were its own instruments. It was the application of force in its most material forms, and dehumanized those upon whom it was exercised, placing them outside the pale of manhood as a preliminary to its work. The lesson that the criminal remains a man, was one taught to the law, not learned from it. On the civil side, likewise, similar reservations must be made, both as regards its formulation and operation. The law as an instrument of justice is a rough way of dealing with the problems of the individual in society, but it is effective for social ends; and, in its total body and practical results, it is a priceless monument of human righteousness, sagacity, and mercy, and though it lags behind opinion, as it must, and postpones to a new age the moral and prudential convictions of the present, it is in its treasury that these at last are stored.
If such be the case within the law, what indifference to justice does the course of events exhibit in the world at large which comes under the law's inquisition so imperfectly! How continuous and inevitable, how terrible and pitiful is this aspect of life, is shown in successive ages by the unending story of ideal tragedy, in poem, drama, and tale, in which the noble nature through some frailty, that was but a part, and by the impulse of some moment of brief time, comes to its wreck; and, in connection with this disaster to the best, lies the action of the villain everywhere overflowing in suffering and injury upon his victims and all that is theirs. What is here represented as the general lot of mankind, in ideal works, exists, multiplied world-wide in the lives and fortunes of mankind, an inestimable amount of injustice always present. The sacrifice of innocence is in no way lessened by aught of vengeance that may overtake the wrong-doer; and it is constant. The murdered man, the wronged woman, can find no reparation. What shall one say of the sufferings of children and of the old, and of the great curse that lies in heredity and the circumstances of early life under depraved, ignorant, or malicious conditions? These brutalities, like the primeval struggle in the rise of life, seem in a world that never heard the name of justice. The main seat of individual justice and its operation is, after all, in the moral sense of men, governing their own conduct and modifying so far as possible the mass of injustice continually arising in the process of life, by such relief as they can give by personal influence and action both on persons and in the realm of moral opinion.
But, such questions apart, and within the reach of the rude power of the law over men in the mass, where individuality may be neglected, there remains that portion of the field in which the cause of justice may be advanced, as it was in the extinction of slavery, the confiscation of the French lands, the abolition of the poor debtor laws, and in similar great measures of class legislation, if you will. I confess I am one of those who hold that society is largely responsible even for crime and pauperism, and especially other less clearly defined conditions in the community by which there exists an inveterate injustice ingrained in the structure of society itself. The process of freeing man from the fetters of the past is still incomplete, and democracy is a faith still early in its manifestation; social justice is the cry under which this progress is made, and, being grounded in material conditions and hot with men's passions under wrong, it is a dangerous cry, and unheeded it becomes revolutionary; but in what has democracy been so beneficent to society as in the ways without number that it has opened for the doing of justice to men in masses, for the moulding of safe and orderly methods of change, and for the formation as a part of human character of a habit of philanthropy to those especially whose misfortunes may be partly laid to the door of society itself? Charity, great as it is, can but alleviate, it cannot upon any scale cure poverty and its attendant ills; nor can mercy, however humanely and wisely exerted, do more than mollify the misfortune that abides in the criminal. Social justice asks neither charity nor mercy, but such conditions, embodied in institutions and laws, as shall diminish, so far as under nature and human nature is possible, the differences of men at birth, and in their education, and in their opportunity through life, to the end that all citizens shall be equal in the power to begin and conduct their lives in morals, industry, and the hope of happiness. Social justice, so defined, under temporal conditions, democracy seeks as the sum and substance of its effort in governmental ways; some advance has been made; but it requires no wide survey, nor long examination, to see that what has been accomplished is a beginning, with the end so far in the future as to seem a dream, such as the poets have sung almost from the dawn of hope. What matters it? It is not only poets who dream; justice is the statesman's dream.
Such in bold outline are the principles of democracy. They have been working now for a century in a great nation, not wholly unfettered and on a complete scale even with us, but with wider acceptance and broader application than elsewhere in the world, and with most prosperity in those parts of the country where they are most mastering; and the nation has grown great in their charge. What, in brief, are the results, so clear, so grand, so vast, that they stand out like mountain ranges, the configuration of a national life? The diffusion of material comfort among masses of men, on a scale and to an amount abolishing peasantry forever; the dissemination of education, which is the means of life to the mind as comfort is to the body, in no more narrow bounds, but through the State universal, abolishing ignorance; the development of human capacity in intelligence, energy, and character, under the stimulus of the open career, with a result in enlarging and concentrating the available talent of the State to a compass and with an efficiency and diversity by which alone was possible the material subjugation of the continent which it has made tributary to man's life; the planting of self-respect in millions of men, and of respect for others grounded in self-respect, constituting a national characteristic now first to be found, and to be found in the bosom of every child of our soil, and, with this, of a respect for womanhood, making the common ways safe and honourable for her, unknown before; the moulding of a conservative force, so sure, so deep, so instinctive, that it has its seat in the very vitals of the State and there maintains as its blood and bone the principles which the fathers handed down in institutions containing our happiness, security, and destiny, yet maintains them as a living present, not as a dead past; the incorporation into our body politic of millions of half-alien people, without disturbance, and with an assimilating power that proves the universal value of democracy as a mode of dealing with the race, as it now is; an enthronement of reason as the sole arbiter in a free forum where every man may plead, and have the judgment of all men upon the cause; a rooted repugnance to use force; an aversion to war; a public and private generosity that knows no bounds of sect, race, or climate; a devotion to public duty that excuses no man and least of all the best, and has constantly raised the standard of character; a commiseration for all unfortunate peoples and warm sympathy with them in their struggles; a love of country as inexhaustible in sacrifice as it is unparalleled in ardour; and a will to serve the world for the rise of man into such manhood as we have achieved, such prosperity as earth has yielded us, and such justice as, by the grace of heaven, is established within our borders. Is it not a great work? and all these blessings, unconfined as the element, belong to all our people. In the course of these results, the imperfection of human nature and its institutions has been present; but a just comparison of our history with that of other nations, ages, and systems, and of our present with our past, shows that such imperfection in society has been a diminishing element with us, and that a steady progress has been made in methods, measures, and men. No great issue, in a whole century, has been brought to a wrong conclusion. Our public life has been starred with illustrious names, famous for honesty, sagacity, and humanity, and, above all, for justice. Our Presidents in particular have been such men as democracy should breed, and some of them such men as humanity has seldom bred. We are a proud nation, and justly; and, looking to the future, beholding these things multiplied million-fold in the lives of the children of the land to be, we may well humbly own God's bounty which has earliest fallen upon us, the first fruits of democracy in the new ages of a humaner world.