Chapter 38
Government and its forms, offices and powers; administration; rulers and ruled.
1363 passages · 426 principal · Covers the 49 volumes of primary texts
Government is the oldest standing problem of men who live together. It covers the institution of rule and its forms, the offices through which rule is exercised, the powers it claims, and the relation between those who command and those who obey. Hobbes pictures sovereign, magistrates, counsellors, rewards and punishments as organs of one body politic1. Burke calls government a contrivance of human wisdom to provide for human wants2. Ruskin dismisses visible governments as toys or burdens of nations3. That such judgments can sit in the same set of books shows why the idea is a great one. Nearly every author here, whether poet, chronicler, statesman or economist, has to decide what rule is for, whence it comes, and how it fails.
The first question is whether government is needed at all. Most of these writers answer yes, and they give different reasons. Sophocles’ Creon declares anarchy the worst of evils4. Herodotus tells of Egyptians who could not live without a king and so divided their land among twelve5. Hobbes finds the inclination to obey a common power in fear of death and desire of ease6. Pope derives government from self-love itself, as safety restrains liberty7. The Federalist holds government indispensable and says men must cede some natural rights to it8. It also asks whether societies can found good government by reflection and choice, or must take it from accident and force9. Darwin, imagining an earthquake in England, sees how quickly authority fails and rapine follows once taxes cannot be collected10. Lincoln adds that no proper government provides for its own termination11.
On the end of government there is wide agreement that it is the good of the whole, though the whole is variously conceived. Confucius ranks the people’s trust above food and troops alike12,13. Luther charges rulers to seek their subjects’ good, on pain of condemnation14. Vane insists that government is ordained for the people and not for the rulers’ private benefit15, and that the sword must serve the public welfare through impartial administration16. Penn states flatly that the end of government is the good of the whole17. Rousseau says rulers were instituted to protect lives, liberties and properties18. Burke gives the end a sharper edge: government opposes sovereign reason to the will and caprice of rulers and ruled alike19. Emerson begins with persons and property20, but names the culture of men as the highest end21.
Emerson also states most boldly the contrary thesis, that the least government is best. He calls force a practical lie22 and formal government a shabby imitation of the wise man’s character23. Governments founded on force are tolerated only because men lack faith that society could stand without them24. He reports a growing conviction that “the world is governed too much”25. The doctrine has older echoes. Confucius praises Shun, who ruled by doing nothing26, and Goldsmith doubts that laws or kings cause or cure much human suffering27. Channing warns against deifying political institutions28. Mill takes the question up more cautiously. He admits that no settled principle yet decides when interference is proper29. He thinks English hostility to interference often misplaced30, yet holds that restraint beyond police regulation belongs to paternal or despotic government31.
If government is a trust, it is open to criticism. Milton argues that errors befall good and bad governments alike, and that a magistrate’s virtue lies in redressing them quickly32. Confucius’ sage kings take blame for the people upon themselves33. Sydney Smith presses the point hardest. He holds that no virtue in governors makes good institutions dispensable34, and that trustees should be presumed liable to abuse35. Criticizing rulers is no hostility to government, he argues, any more than criticizing a guardian attacks guardianship36. Lowering governors in public esteem is the road to improvement, not to dissolution37.
The origin of rulers’ authority divides the authors more sharply. Luther holds that the secular sword is borne by God’s ordinance and must punish even a guilty pope38. Bacon calls government God’s ordinance and condemns its subversion39, and Winthrop names governments God’s vicegerents40. Vane joins divine institution to popular trust41. Burke, though reverent, denies that monarchy has more divine sanction than any other form42, and Rousseau sets divine right aside to reason from nature43. The more naturalistic accounts stress force and chance. Pascal imagines strife until the stronger dominate, with succession then fixed by caprice44,45. Rousseau calls early government the work of chance, repaired piecemeal46. He denies, however, that it began as arbitrary power, which he treats as its corruption47, and he traces three stages of inequality ending in master and slave48. Milton’s Adam learns that men lived under paternal rule until one usurped power49, since God gave man dominion over beasts but not over men50. Carlyle, against brute force, says men yield to moral greatness51.
Consent is the modern answer. The Declaration derives just powers from the consent of the governed52. Rousseau holds the contract of government revocable when a chief breaks it53. Vane places sovereignty in the people, exercised by deputation54, and Mill would make magistrates revocable delegates of the nation’s power55. Lincoln calls the Chief Magistrate a trustee who must hand the government on unimpaired56. Burke rejects all this as a programme: Price’s rights to choose, cashier and frame governors57 would leave no government standing if “misconduct” sufficed for removal58. Obedience itself remains contested. Antigone dramatizes whether a ruler may disregard his subjects’ judgment59. Bacon thinks obedience that construes commands rather than executing them is suspect60, and Goethe’s Egmont counsels submission, since power lies with the king61. Woolman, by contrast, fears that conscientious refusal of war taxes will be read as disloyalty62. Lear’s dog obeyed in office mocks the whole claim63.
The comparison of forms runs from classification to relativism. Machiavelli divides all states into republics and principalities64. Rousseau ties forms to degrees of original inequality65. Burke judges simple governments defective because man and society are complex66. Emerson makes form the expression of a people’s cultivation67,68, and Mill concludes that institutions rest on the strongest social power and are relative, not absolute69. The mixed constitution wins most praise. Voltaire admires an English government that restrains the prince from evil while leaving him power to do good70, and traces its growth into the harmony of King, Lords and Commons71. Burke defends limited monarchy as a third way between two despotisms72. Winthrop calls Massachusetts a limited mixed aristocracy73, and Harrison describes England governed by prince, gentlemen and yeomen74. Tennyson celebrates freedom broadening from precedent to precedent75, while Dana finds California an arbitrary democracy without a judiciary76. Others set form aside altogether. Pope holds that whatever is best administered is best77. Burke proposes population as a sure test of a government’s effects78, and Austin, as Mill reports, placed security in an enlightened people79. Lowell finds healing in conscience rather than in any constitution80, adding that only a perfectly wise and good despot would survive cross-examination81.
That longing for a single ruler recurs. Dante pictures Italy as a horse without a rider82. Plutarch shows Pericles holding Athens’ empire in his hands83, and Rome accepting Caesar for respite from civil war84. Carlyle praises Roman dictatorship and Cromwell’s Protectorate as purifying85. Tennyson cries for one strong man who dare not lie86. Lowell finds Lincoln absolute yet the incarnate common sense of the people87. Manzoni gives the emergency dictator a plague hospital governed by a friar88, and calls the expedient a mark of an ill-regulated society89.
What makes a ruler fit? Confucius answers with self-rule and example: the ruler’s virtue bends the people as wind bends grass90, and he who cannot rule himself cannot rule others91. Jesus makes the chief one who serves92. Marcus Aurelius admires watchfulness, frugality and indifference to applause93. Burke allows no qualification but virtue and wisdom94. Penn calls the people the prince’s politic wife, managed by wisdom rather than force95, and Goethe sees order working downward from rulers96. High place has its costs: Bacon calls its holders thrice servants97, Demosthenes warns youth off politics98, and Emerson says the President pays dearly99. Machiavelli separates the art of holding power from virtue. He advises the conqueror to extinguish the old line while keeping laws and taxes100, and he prefers colonies to garrisons101. He judges that fostered factions never do good102, and that the best fortress is not to be hated103. Macaulay notes that the same principles explain the rise of a man and of a people104. Bacon adds the management of rumour105 and of hope106. Abuse is catalogued as well. The Declaration lists executive usurpations107. Prospero lost his state by neglecting it108, and Manzoni’s governor ignored the plague for the war109.
Counsel is the ruler’s chief resource and danger. Confucius bids ministers withstand their lord to his face110. More’s Hythloday doubts that counsel at court can do anything but further folly111, though More urges that the ship of state not be forsaken112. Machiavelli and Penn agree that princes answer for their choice of ministers113,114, and Penn denies that government needs knaves115. Councils have their own procedure. Cicero praises the counsel of the aged116, and Tacitus records German assemblies deciding great matters117. Bacon prescribes deliberation over a day and the use of committees118, while Hobbes thinks an assembly with veto powers unfit to govern119. Darwin finds good sense in a Tahitian parliament120. Lowell judges government by discussion safer than force, even when it is gabble121. Faction troubles all. Bacon would have the sovereign carry factions as the primum mobile carries inferior orbs122. Washington thinks party spirit especially dangerous in elective governments123, and Emerson finds parties rooted in real interests but corrupted by leaders124. Plutarch shows demagogues rising after Pericles125, and Burke sees popular leaders becoming flatterers rather than legislators126.
The integrity of office receives practical treatment. Penn lists the qualities of a good officer and asks for sufficient salaries without bribes127,128. Bacon warns against delay, corruption, roughness and facility129, and Smith wants reward proportioned to diligence130. Dante damns magistrates who were chosen for impartiality and ruled partially131. Sainte-Beuve admires Montaigne’s quiet, preventive mayoralty132. Provincial rule tests these virtues. Cicero contrasts his clean administration with Appius’s plunder133. Pliny would win authority by affection rather than terror134, and Trajan refuses a fire company for fear of associations135. Franklin records the wearying quarrels of proprietary governors and assemblies136. Egmont argues that natives govern better than strangers137, and Smith finds that trader and sovereign are inconsistent characters138. The ship offers a model. Dana holds that it needs one head, armed with emergency powers checked by accountability139, and that severity breeds discontent and discontent breeds severity140. Burke says armies will not obey a captive king or a transient assembly141.
Centralization is a modern worry. Smith judges local management of works cheaper and its abuses more corrigible142. Mill fears a bureaucracy that monopolizes talent, as in Russia143. He proposes the greatest dissemination of power consistent with efficiency144, and calls the union of popular control with skilled agency the great problem of modern organization145. Schiller sees the statesman grown narrow-hearted by formulas146. Manzoni dramatizes administrative helplessness most fully. Proclamations attest only impotence147, and decrees beget decrees148,149. Magistrates stand helpless while the governor attends to war150. Burke shows revolutionary France unable even to collect taxes from Lyons151.
Constitutional writers seek to make such failure structural rather than personal. Vane proposes separating executive from legislative power152, and Washington forbids departments to encroach on one another153. Burke praises an irresponsible crown with responsible ministers154, and condemns a French executive responsible without discretion155. He holds that an assembly’s character depends on the men who compose it156. Long notes that Marcus Aurelius was bound by senate and precedent157. The Constitution’s veto and reserved powers158,159 and Connecticut’s General Court160 embody the design. Marshall argues that a limited Union is supreme within its sphere and free to choose its means161,162. Representation itself is debated. Mill hails Hare’s system163, while Burns satirizes bought elections164 and Emerson finds English politics ruled by class165.
In economics Smith speaks almost alone, and decisively. He argues that statesmen who direct private capital assume an authority no one could safely hold166. Kings who police private expense are themselves the greatest spendthrifts167, and the sovereign cannot wisely superintend industry168. He would have the sovereign secure communications and free markets169. Even a bad sovereign pities his people more than tax farmers do170, and public debt has enfeebled every great state171. On relief, Mill prefers voluntary associations to state action172. Channing and Carlyle, the latter as Emerson reports him, demand public health and work for the poor173,174.
The relation of civil to spiritual authority runs from Dante’s lament that the sword grafted on the crook ruins both175, through Luther’s subjection of the pope to temporal authority outside spiritual things176,177. It continues in Vane’s confinement of the magistrate to outward wrongs178 and in Calvin’s acknowledgment of civil government as God’s blessing179. Hobbes sees legislators using fear of the gods to secure obedience180, and Voltaire finds that many religions produce peace181. Mill credits the separation of the two powers with limiting interference in private life182, and rejects Comte’s spiritual authority as a safeguard183.
Finally, government lives in history. Virgil’s Rome would spare the conquered and subdue the proud184. Smith contrasts independent Greek colonies with subject Roman ones185. Emerson and Mill welcome colonial self-government186,187, and Freeman wants political boundaries to fit nations where they can188. States also decay. Plutarch’s Rome is a ship without a pilot189, and Socrates thinks an honest man cannot survive in public life190. Darwin’s republics change governors endlessly191. Penn warns that unjust means bring convulsions192. Burke’s standard is to preserve while improving193, and he held the old French government fit for reform rather than destruction194. Johnson’s proclamation states that the overcome must be conciliated195.
Several questions remain open. Is form indifferent, or does form shape the men who administer it? Is government a divine trust, a contract, or a historical growth? Should it shrink toward Emerson’s self-governing individual, or extend its care as Channing and Carlyle urge? Mill’s problem of joining popular control to skilled administration is perhaps the clearest statement of what these books leave unresolved.
Introductory essay written by Claude Opus 5.5 from the outline and the notes on every passage below; quotations are checked against this edition.
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See also: Taxation, Constitution, Law, Democracy, Liberty, Wealth