Chapter 38

The simple truth is that the dogmas of the Declaration were not put into the fundamental law. The Constitution is the most practical state document ever made. It announces no dogmas, proclaims no theories. It accepted society as it was, with its habits and traditions; raising no abstract questions whether men are born free or equal, or how society ought to be organized. It is simply a working compact, made by “the people,” to promote union, establish justice, and secure the blessings of liberty; and the equality is in the assumption of the right of “the people of the United States” to do this. And yet, in a recent number of Blackwood's Magazine, a writer makes the amusing statement, “I have never met an American who could deny that, while firmly maintaining that the theory was sound which, in the beautiful language of the Constitution, proclaims that all men were born equal, he was,” etc.

An enlightening commentary on the meaning of the Declaration, in the minds of the American statesmen of the period, is furnished by the opinions which some of them expressed upon the French Revolution while it was in progress. Gouverneur Morris, minister to France in 1789, was a conservative republican; Thomas Jefferson was a radical democrat. Both of them had a warm sympathy with the French “people” in the Revolution; both hoped for a republic; both recognized, we may reasonably infer, the sufficient cause of the Revolution in the long-continued corruption of court and nobility, and the intolerable sufferings of the lower orders; and both, we have equal reason to believe, thought that a fair accommodation, short of a dissolution of society, was defeated by the imbecility of the king and the treachery and malignity of a considerable portion of the nobility. The Revolution was not caused by theories, however much it may have been excited or guided by them. But both Morris and Jefferson saw the futility of the application of the abstract dogma of equality and the theories of the Social Contract to the reconstruction of government and the reorganization of society in France.

If the aristocracy were malignant--though numbers of them were far from being so--there was also a malignant prejudice aroused against them, and M. Taine is not far wrong when he says of this prejudice, “Its hard, dry kernel consists of the abstract idea of equality.”--[The French Revolution. By H. A. Taine. Vol. i., bk. ii., chap. ii., sec. iii. Translation. New York: Henry Holt & Co.]--Taine's French Revolution is cynical, and, with all its accumulation of material, omits some facts necessary to a philosophical history; but a passage following that quoted is worth reproducing in this connection: “The treatment of the nobles of the Assembly is the same as the treatment of the Protestants by Louis XIV. . . . One hundred thousand Frenchmen driven out at the end of the seventeenth century, and one hundred thousand driven out at the end of the eighteenth! Mark how an intolerant democracy completes the work of an intolerant monarchy! The moral aristocracy was mowed down in the name of uniformity; the social aristocracy is mowed down in the name of equality. For the second time an abstract principle, and with the same effect, buries its blade in the heart of a living society.”

Notwithstanding the world-wide advertisement of the French experiment, it has taken almost a century for the dogma of equality, at least outside of France, to filter down from the speculative thinkers into a general popular acceptance, as an active principle to be used in the shaping of affairs, and to become more potent in the popular mind than tradition or habit. The attempt is made to apply it to society with a brutal logic; and we might despair as to the result, if we did not know that the world is not ruled by logic. Nothing is so fascinating in the hands of the half-informed as a neat dogma; it seems the perfect key to all difficulties. The formula is applied in contempt and ignorance of the past, as if building up were as easy as pulling down, and as if society were a machine to be moved by mechanical appliances, and not a living organism composed of distinct and sensitive beings. Along with the spread of a belief in the uniformity of natural law has unfortunately gone a suggestion of parallelism of the moral law to it, and a notion that if we can discover the right formula, human society and government can be organized with a mathematical justice to all the parts. By many the dogma of equality is held to be that formula, and relief from the greater evils of the social state is expected from its logical extension.

Let us now consider some of the present movements and tendencies that are related, more or less, to this belief:

I. Absolute equality is seen to depend upon absolute supremacy of the state. Professor Henry Fawcett says, “Excessive dependence on the state is the most prominent characteristic of modern socialism.” “These proposals to prohibit inheritance, to abolish private property, and to make the state the owner of all the capital and the administrator of the entire industry of the country are put forward as representing socialism in its ultimate and highest development.”--[“Socialism in Germany and the United States,” Fortnightly Review, November, 1878.]

Society and government should be recast till they conform to the theory, or, let us say, to its exaggerations. Men can unmake what they have made. There is no higher authority anywhere than the will of the majority, no matter what the majority is in intellect and morals. Fifty-one ignorant men have a natural right to legislate for the one hundred, as against forty-nine intelligent men.

All men being equal, one man is as fit to legislate and execute as another. A recently elected Congressman from Maine vehemently repudiated in a public address, as a slander, the accusation that he was educated. The theory was that, uneducated, he was the proper representative of the average ignorance of his district, and that ignorance ought to be represented in the legislature in kind. The ignorant know better what they want than the educated know for them. “Their education [that of college men] destroys natural perception and judgment; so that cultivated people are one-sided, and their judgment is often inferior to that of the working people.” “Cultured people have made up their minds, and are hard to move.” “No lawyer should be elected to a place in any legislative body.”--[Opinions of working-men, reported in “The Nationals, their Origin and their Aims,” The Atlantic Monthly, November, 1878.]

Experience is of no account, neither is history, nor tradition, nor the accumulated wisdom of ages. On all questions of political economy, finance, morals, the ignorant man stands on a par with the best informed as a legislator. We might cite any number of the results of these illusions. A member of a recent House of Representatives declared that we “can repair the losses of the war by the issue of a sufficient amount of paper money.” An intelligent mechanic of our acquaintance, a leader among the Nationals, urging the theory of his party, that banks should be destroyed, and that the government should issue to the people as much “paper money” as they need, denied the right of banks or of any individuals to charge interest on money. Yet he would take rent for the house he owns.

Laws must be the direct expression of the will of the majority, and be altered solely on its will. It would be well, therefore, to have a continuous election, so that, any day, the electors can change their representative for a new man. “If my caprice be the source of law, then my enjoyment may be the source of the division of the nation's resources.”--[Stahl's Rechtsphilosophie, quoted by Roscher.]

Property is the creator of inequality, and this factor in our artificial state can be eliminated only by absorption. It is the duty of the government to provide for all the people, and the sovereign people will see to it that it does. The election franchise is a natural right--a man's weapon to protect himself. It may be asked, If it is just this, and not a sacred trust accorded to be exercised for the benefit of society, why may not a man sell it, if it is for his interest to do so?

What is there illogical in these positions from the premise given? “Communism,” says Roscher, [Political Economy, bk. i., ch. v., 78.]--“is the logically not inconsistent exaggeration of the principle of equality. Men who hear themselves designated as the sovereign people, and their welfare as the supreme law of the state, are more apt than others to feel more keenly the distance which separates their own misery from the superabundance of others. And, indeed, to what an extent our physical wants are determined by our intellectual mold!”

The tendency of the exaggeration of man's will as the foundation of government is distinctly materialistic; it is a self-sufficiency that shuts out God and the higher law.--[“And, indeed, if the will of man is all-powerful, if states are to be distinguished from one another only by their boundaries, if everything may be changed like the scenery in a play by a flourish of the magic wand of a system, if man may arbitrarily make the right, if nations can be put through evolutions like regiments of troops, what a field would the world present for attempts at the realizations of the wildest dreams, and what a temptation would be offered to take possession, by main force, of the government of human affairs, to destroy the rights of property and the rights of capital, to gratify ardent longings without trouble, and to provide the much-coveted means of enjoyment! The Titans have tried to scale the heavens, and have fallen into the most degrading materialism. Purely speculative dogmatism sinks into materialism.” (M. Wolowski's Essay on the Historical Method, prefixed to his translation of Roscher's Political Economy.)]--We need to remember that the Creator of man, and not man himself, formed society and instituted government; that God is always behind human society and sustains it; that marriage and the family and all social relations are divinely established; that man's duty, coinciding with his right, is, by the light of history, by experience, by observation of men, and by the aid of revelation, to find out and make operative, as well as he can, the divine law in human affairs. And it may be added that the sovereignty of the people, as a divine trust, may be as logically deduced from the divine institution of government as the old divine right of kings. Government, by whatever name it is called, is a matter of experience and expediency. If we submit to the will of the majority, it is because it is more convenient to do so; and if the republic or the democracy vindicate itself, it is because it works best, on the whole, for a particular people. But it needs no prophet to say that it will not work long if God is shut out from it, and man, in a full-blown socialism, is considered the ultimate authority.

II. Equality of education. In our American system there is, not only theoretically but practically, an equality of opportunity in the public schools, which are free to all children, and rise by gradations from the primaries to the high-schools, in which the curriculum in most respects equals, and in variety exceeds, that of many third-class “colleges.” In these schools nearly the whole round of learning, in languages, science, and art, is touched. The system has seemed to be the best that could be devised for a free society, where all take part in the government, and where so much depends upon the intelligence of the electors. Certain objections, however, have been made to it. As this essay is intended only to be tentative, we shall state some of them, without indulging in lengthy comments.

( 1. ) The first charge is superficiality--a necessary consequence of attempting too much--and a want of adequate preparation for special pursuits in life.

( 2. ) A uniformity in mediocrity is alleged from the use of the same text-books and methods in all schools, for all grades and capacities. This is one of the most common criticisms on our social state by a certain class of writers in England, who take an unflagging interest in our development. One answer to it is this: There is more reason to expect variety of development and character in a generally educated than in an ignorant community; there is no such uniformity as the dull level of ignorance.

( 3. ) It is said that secular education--and the general schools open to all in a community of mixed religions must be secular--is training the rising generation to be materialists and socialists.

( 4. ) Perhaps a better-founded charge is that a system of equal education, with its superficiality, creates discontent with the condition in which a majority of men must be--that of labor--a distaste for trades and for hand-work, an idea that what is called intellectual labor (let us say, casting up accounts in a shop, or writing trashy stories for a sensational newspaper) is more honorable than physical labor; and encourages the false notion that “the elevation of the working classes” implies the removal of men and women from those classes.

We should hesitate to draw adverse conclusions in regard to a system yet so young that its results cannot be fairly estimated. Only after two or three generations can its effects upon the character of a great people be measured: Observations differ, and testimony is difficult to obtain. We think it safe to say that those states are most prosperous which have the best free schools. But if the philosopher inquires as to the general effect upon the national character in respect to the objections named, he must wait for a reply.

III. The pursuit of the chimera of social equality, from the belief that it should logically follow political equality; resulting in extravagance, misapplication of natural capacities, a notion that physical labor is dishonorable, or that the state should compel all to labor alike, and in efforts to remove inequalities of condition by legislation.

IV. The equality of the sexes. The stir in the middle of the eighteenth century gave a great impetus to the emancipation of woman; though, curiously enough, Rousseau, in unfolding his plan of education for Sophie, in Emile, inculcates an almost Oriental subjection of woman--her education simply that she may please man. The true enfranchisement of woman--that is, the recognition (by herself as well as by man) of her real place in the economy of the world, in the full development of her capacities--is the greatest gain to civilization since the Christian era. The movement has its excesses, and the gain has not been without loss. “When we turn to modern literature,” writes Mr. Money, “from the pages in which Fenelon speaks of the education of girls, who does not feel that the world has lost a sacred accent--that some ineffable essence has passed out from our hearts?”

How far the expectation has been realized that women, in fiction, for instance, would be more accurately described, better understood, and appear as nobler and lovelier beings when women wrote the novels, this is not the place to inquire. The movement has results which are unavoidable in a period of transition, and probably only temporary. The education of woman and the development of her powers hold the greatest promise for the regeneration of society. But this development, yet in its infancy, and pursued with much crudeness and misconception of the end, is not enough. Woman would not only be equal with man, but would be like him; that is, perform in society the functions he now performs. Here, again, the notion of equality is pushed towards uniformity. The reformers admit structural differences in the sexes, though these, they say, are greatly exaggerated by subjection; but the functional differences are mainly to be eliminated. Women ought to mingle in all the occupations of men, as if the physical differences did not exist. The movement goes to obliterate, as far as possible, the distinction between sexes. Nature is, no doubt, amused at this attempt. A recent writer--[“Biology and Woman's Rights,” Quarterly Journal of Science, November, 1878.]--, says: “The 'femme libre' [free woman] of the new social order may, indeed, escape the charge of neglecting her family and her household by contending that it is not her vocation to become a wife and a mother! Why, then, we ask, is she constituted a woman at all? Merely that she may become a sort of second-rate man?”

The truth is that this movement, based always upon a misconception of equality, so far as it would change the duties of the sexes, is a retrograde.--[“It has been frequently observed that among declining nations the social differences between the two sexes are first obliterated, and afterwards even the intellectual differences. The more masculine the women become, the more effeminate become the men. It is no good symptom when there are almost as many female writers and female rulers as there are male. Such was the case, for instance, in the Hellenistic kingdoms, and in the age of the Caesars. What today is called by many the emancipation of woman would ultimately end in the dissolution of the family, and, if carried out, render poor service to the majority of women. If man and woman were placed entirely on the same level, and if in the competition between the two sexes nothing but an actual superiority should decide, it is to be feared that woman would soon be relegated to a condition as hard as that in which she is found among all barbarous nations. It is precisely family life and higher civilization that have emancipated woman. Those theorizers who, led astray by the dark side of higher civilization, preach a community of goods, generally contemplate in their simultaneous recommendation of the emancipation of woman a more or less developed form of a community of wives. The grounds of the two institutions are very similar.” (Roscher's Political Economy, p. 250.) Note also that difference in costumes of the sexes is least apparent among lowly civilized peoples.]--One of the most striking features in our progress from barbarism to civilization is the proper adjustment of the work for men and women. One test of a civilization is the difference of this work. This is a question not merely of division of labor, but of differentiation with regard to sex. It not only takes into account structural differences and physiological disadvantages, but it recognizes the finer and higher use of woman in society.

The attainable, not to say the ideal, society requires an increase rather than a decrease of the differences between the sexes. The differences may be due to physical organization, but the structural divergence is but a faint type of deeper separation in mental and spiritual constitution. That which makes the charm and power of woman, that for which she is created, is as distinctly feminine as that which makes the charm and power of men is masculine. Progress requires constant differentiation, and the line of this is the development of each sex in its special functions, each being true to the highest ideal for itself, which is not that the woman should be a man, or the man a woman. The enjoyment of social life rests very largely upon the encounter and play of the subtle peculiarities which mark the two sexes; and society, in the limited sense of the word, not less than the whole structure of our civilization, requires the development of these peculiarities. It is in diversity, and not in an equality tending to uniformity, that we are to expect the best results from the race.

V. Equality of races; or rather a removal of the inequalities, social and political, arising in the contact of different races by intermarriage.

Perhaps equality is hardly the word to use here, since uniformity is the thing aimed at; but the root of the proposal is in the dogma we are considering. The tendency of the age is to uniformity. The facilities of travel and communication, the new inventions and the use of machinery in manufacturing, bring men into close and uniform relations, and induce the disappearance of national characteristics and of race peculiarities. Men, the world over, are getting to dress alike, eat alike, and disbelieve in the same things: It is the sentimental complaint of the traveler that his search for the picturesque is ever more difficult, that race distinctions and habits are in a way to be improved off the face of the earth, and that a most uninteresting monotony is supervening. The complaint is not wholly sentimental, and has a deeper philosophical reason than the mere pleasure in variety on this planet.

We find a striking illustration of the equalizing, not to say leveling, tendency of the age in an able paper by Canon George Rawlinson, of the University of Oxford, contributed recently to an American periodical of a high class and conservative character.--[“Duties of Higher towards Lower Races.” By George Rawlinson. Princeton Re-view. November, 1878. New York.]--This paper proposes, as a remedy for the social and political evils caused by the negro element in our population, the miscegenation of the white and black races, to the end that the black race may be wholly absorbed in the white--an absorption of four millions by thirty-six millions, which he thinks might reasonably be expected in about a century, when the lower type would disappear altogether.

Perhaps the pleasure of being absorbed is not equal to the pleasure of absorbing, and we cannot say how this proposal will commend itself to the victims of the euthanasia. The results of miscegenation on this continent--black with red, and white with black--the results morally, intellectually, and physically, are not such as to make it attractive to the American people.

It is not, however, upon sentimental grounds that we oppose this extension of the exaggerated dogma of equality. Our objection is deeper. Race distinctions ought to be maintained for the sake of the best development of the race, and for the continuance of that mutual reaction and play of peculiar forces between races which promise the highest development for the whole. It is not for nothing, we may suppose, that differentiation has gone on in the world; and we doubt that either benevolence or self-interest requires this age to attempt to restore an assumed lost uniformity, and fuse the race traits in a tiresome homogeneity.

Life consists in an exchange of relations, and the more varied the relations interchanged the higher the life. We want not only different races, but different civilizations in different parts of the globe.

A much more philosophical view of the African problem and the proper destiny of the negro race than that of Canon Rawlinson is given by a recent colored writer,--[“Africa and the Africans.” By Edmund W. Blyden. Eraser's Magazine, August, 1878.]--an official in the government of Liberia. We are mistaken, says this excellent observer, in regarding Africa as a land of a homogeneous population, and in confounding the tribes in a promiscuous manner. There are negroes and negroes. “The numerous tribes inhabiting the vast continent of Africa can no more be regarded as in every respect equal than the numerous peoples of Asia or Europe can be so regarded;” and we are not to expect the civilization of Africa to be under one government, but in a great variety of States, developed according to tribal and race affinities. A still greater mistake is this: