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Prose Masterpieces from Modern Essayists
by James Anthony Froude, Edward A. Freeman, William Ewart Gladstone, John Henry Newman and Leslie Steph
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It is true, indeed, that we lie under some heavy and, I fear, increasing disadvantages, which amount almost to disabilities. Not, however, any disadvantage respecting power, as power is commonly understood. But, while America has a nearly homogeneous country, and an admirable division of political labor between the States individually and the Federal Government, we are, in public affairs, an overcharged and overweighted people.[10]

We have undertaken the cares of empire upon a scale, and with a diversity, unexampled in history; and, as it has not yet pleased Providence to endow us with brain-force and animal strength in an equally abnormal proportion, the consequence is that we perform the work of government, as to many among its more important departments, in a very superficial and slovenly manner. The affairs of the three associated kingdoms, with their great diversities of law, interest, and circumstance, make the government of them, even if they stood alone, a business more voluminous, so to speak, than that of any other thirty-three millions of civilized men. To lighten the cares of the central legislature by judicious devolution, it is probable that much might be done; but nothing is done, or even attempted to be done. The greater colonies have happily attained to a virtual self-government; yet the aggregate mass of business connected with our colonial possessions continues to be very large. The Indian Empire is of itself a charge so vast, and demanding so much thought and care, that if it were the sole transmarine appendage to the crown, it would amply tax the best ordinary stock of human energies. Notoriously it obtains from the Parliament only a small fraction of the attention it deserves. Questions affecting individuals, again, or small interests, or classes, excite here a greater interest, and occupy a larger share of time, than, perhaps, in any other community. In no country, I may add, are the interests of persons or classes so favored when they compete with those of the public; and in none are they more exacting, or more wakeful to turn this advantage to the best account. With the vast extension of our enterprise and our trade, comes a breadth of liability not less large, to consider every thing that is critical in the affairs of foreign states; and the real responsibilities thus existing for us, are unnaturally inflated for us by fast-growing tendencies toward exaggeration of our concern in these matters, and even toward setting up fictitious interests in cases where none can discern them except ourselves, and such continental friends as practice upon our credulity and our fears for purposes of their own. Last of all, it is not to be denied that in what I have been saying, I do not represent the public sentiment. The nation is not at all conscious of being overdone. The people see that their House of Commons is the hardest-working legislative assembly in the world: and, this being so, they assume it is all right. Nothing pays better, in point of popularity, than those gratuitous additions to obligations already beyond human strength, which look like accessions or assertion of power; such as the annexation of new territory, or the silly transaction known as the purchase of shares in the Suez Canal.

All my life long I have seen this excess of work as compared with the power to do it; but the evil has increased with the surfeit of wealth, and there is no sign that the increase is near its end. The people of this country are a very strong people; but there is no strength that can permanently endure, without provoking inconvenient consequences, this kind of political debauch. It may be hoped, but it cannot be predicted, that the mischief will be encountered and subdued at the point where it will have become sensibly troublesome, but will not have grown to be quite irremediable.

The main and central point of interest, however, in the institutions of a country is the manner in which it draws together and compounds the public forces in the balanced action of the State. It seems plain that the formal arrangements for this purpose in America are very different from ours. It may even be a question whether they are not, in certain respects, less popular; whether our institutions do not give more rapid effect, than those of the Union, to any formed opinion, and resolved intention, of the nation.

In the formation of the Federal Government we seem to perceive three stages of distinct advancement. First, the formation of the Confederation, under the pressure of the War of Independence. Secondly, the Constitution, which placed the Federal Government in defined and direct relation with the people inhabiting the several States. Thirdly, the struggle with the South, which for the first time, and definitely, decided that to the Union, through its Federal organization, and not to the State governments, were reserved all the questions not decided and disposed of by the express provisions of the Constitution itself.[11] The great arcanum imperii, which with us belongs to the three branches of the Legislature, and which is expressed by the current phrase, "omnipotence of Parliament," thus became the acknowledged property of the three branches of the Federal Legislature; and the old and respectable doctrine of State independence is now no more than an archaeological relic, a piece of historical antiquarianism. Yet the actual attributions of the State authorities cover by far the largest part of the province of government; and by this division of labor and authority, the problem of fixing for the nation a political centre of gravity is divested of a large part of its difficulty and danger, in some proportions to the limitations of the working precinct.

Within that precinct, the initiation as well as the final sanction in the great business of finance is made over to the popular branch of the Legislature, and a most interesting question arises upon the comparative merits of this arrangement, and of our method, which theoretically throws upon the Crown the responsibility of initiating public charge, and under which, until a recent period, our practice was in actual and even close correspondence with this theory.

We next come to a difference still more marked. The Federal Executive is born anew of the nation at the end of each four years, and dies at the end. But, during the course of those years, it is independent, in the person both of the President and of his Ministers, alike of the people, of their representatives, and of that remarkable body, the most remarkable of all the inventions of modern politics, the Senate of the United States. In this important matter, whatever be the relative excellencies and defects of the British and American systems, it is most certain that nothing would induce the people of this country, or even the Tory portion of them, to exchange our own for theirs. It may, indeed, not be obvious to the foreign eye what is the exact difference of the two. Both the representative chambers hold the power of the purse. But in America its conditions are such that it does not operate in any way on behalf of the Chamber or of the nation, as against the Executive. In England, on the contrary, its efficiency has been such that it has worked out for itself channels of effective operation, such as to dispense with its direct use, and avoid the inconveniences which might be attendant upon that use. A vote of the House of Commons, declaring a withdrawal of its confidence, has always sufficed for the purpose of displacing a Ministry; nay, persistent obstruction of its measures, and even lighter causes, have conveyed the hint, which has been obediently taken. But the people, how is it with them? Do not the people in England part with their power, and make it over to the House of Commons, as completely as the American people part with it to the President? They give it over for four years: we for a period which on the average is somewhat more: they, to resume it at a fixed time; we, on an unfixed contingency, and at a time which will finally be determined, not according to the popular will, but according to the views which a Ministry may entertain of its duty or convenience.

All this is true; but it is not the whole truth. In the United Kingdom, the people as such cannot commonly act upon the Ministry as such. But mediately, though not immediately, they gain the end: for they can work upon that which works upon the Ministry, namely, on the House of Commons. Firstly, they have not renounced, like the American people, the exercise of their power for a given time; and they are at all times free by speech, petition, public meeting, to endeavor to get it back in full by bringing about a dissolution. Secondly, in a Parliament with nearly 660 members, vacancies occur with tolerable frequency; and, as they are commonly filled up forthwith, they continually modify the color of the Parliament, conformably, not to the past, but to the present feeling of the nation; or, at least, of the constituency, which for practical purposes is different indeed, yet not very different. But, besides exercising a limited positive influence on the present, they supply a much less limited indication of the future. Of the members who at a given time sit in the House of Commons, the vast majority, probably more than nine-tenths, have the desire to sit there again, after a dissolution which may come at any moment. They therefore study political weather-wisdom, and in varying degrees adapt themselves to the indications of the sky. It will now be readily perceived how the popular sentiment in England, so far as it is awake, is not meanly provided with the ways of making itself respected, whether for the purpose of displacing and replacing a Ministry, or of constraining it (as sometimes happens) to alter or reverse its policy sufficiently, at least, to conjure down the gathering and muttering storm.

It is true, indeed, that every nation is of necessity, to a great extent, in the condition of the sluggard with regard to public policy; hard to rouse, harder to keep aroused, sure after a little while to sink back into his slumber:—

"Pressitque jacentem Dulcis et alta quies, placidaeque simillima morti."

—AEn., vi., 522.

The people have a vast, but an encumbered power; and, in their struggles with overweening authority, or with property, the excess of force, which they undoubtedly possess, is more than counterbalanced by the constant wakefulness of the adversary, by his knowledge of their weakness, and by his command of opportunity. But this is a fault lying rather in the conditions of human life than in political institutions. There is no known mode of making attention and inattention equal in their results. It is enough to say that in England, when the nation can attend, it can prevail. So we may say, then, that in the American Union the Federal Executive is independent for each four years both of the Congress and of the people. But the British Ministry is largely dependent on the people whenever the people firmly will it; and is always dependent on the House of Commons, except of course when it can safely and effectually appeal to the people.

So far, so good. But if we wish really to understand the manner in which the Queen's Government over the British Empire is carried on, we must now prepare to examine into some sharper contrasts than any which our path has yet brought into view. The power of the American Executive resides in the person of the actual President, and passes from him to his successor. His Ministers, grouped around him, are the servants, not only of his office, but of his mind. The intelligence, which carries on the Government, has its main seat in him. The responsibility of failures is understood to fall on him; and it is round his head that success sheds its halo. The American Government is described truly as a Government composed of three members, of three powers distinct from one another. The English Government is likewise so described, not truly, but conventionally. For in the English Government there has gradually formed itself a fourth power, entering into and sharing the vitality of each of the other three, and charged with the business of holding them in harmony as they march.

This Fourth Power is the Ministry, or more properly the Cabinet. For the rest of the Ministry is subordinate and ancillary; and, though it largely shares in many departments the labors of the Cabinet, yet it has only a secondary and derivative share in the higher responsibilities. No account of the present British Constitution is worth having which does not take this Fourth Power largely and carefully into view. And yet it is not a distinct power, made up of elements unknown to the other three; any more than a sphere contains elements other than those referable to the three co-ordinates, which determine the position of every point in space. The Fourth Power is parasitical to the three others; and lives upon their life, without any separate existence. One portion of it forms a part, which may be termed an integral part, of the House of Lords, another of the House of Commons; and the two conjointly, nestling within the precinct of Royalty, form the inner Council of the Crown, assuming the whole of its responsibilities, and in consequence wielding, as a rule, its powers. The Cabinet is the threefold hinge that connects together for action the British Constitution of King or Queen, Lords and Commons. Upon it is concentrated the whole strain of the Government, and it constitutes from day to day the true centre of gravity for the working system of the State, although the ultimate superiority of force resides in the representative chamber.

There is no statute or legal usage of this country which requires that the Ministers of the Crown should hold seats in the one or the other House of Parliament. It is perhaps upon this account that, while most of my countrymen would, as I suppose, declare it to be a becoming and convenient custom, yet comparatively few are aware how near the seat of life the observance lies, how closely it is connected with the equipoise and unity of the social forces. It is rarely departed from, even in an individual case; never, as far as my knowledge goes, on a wider scale. From accidental circumstances it happened that I was Secretary of State between December 1845 and July 1846, without a seat in the House of Commons. This (which did not pass wholly without challenge) is, I believe, by much the most notable instance for the last fifty years; and it is only within the last fifty years that our Constitutional system has completely settled down. Before the reform of Parliament it was always easy to find a place for a Minister excluded from his seat; as Sir Robert Peel for example, ejected from Oxford University, at once found refuge and repose at Tamworth. I desire to fix attention on the identification, in this country, of the Minister with the member of a House of Parliament.

It is, as to the House of Commons, especially, an inseparable and vital part of our system. The association of the Ministers with the Parliament, and through the House of Commons with the people, is the counterpart of their association as Ministers with the Crown and the prerogative. The decisions that they take are taken under the competing pressure of a bias this way and a bias that way, and strictly represent what is termed in mechanics the composition of forces. Upon them, thus placed, it devolves to provide that the House of Parliament shall loyally counsel and serve the Crown, and that the Crown shall act strictly in accordance with its obligations to the nation. I will not presume to say whether the adoption of the rule in America would or would not lay the foundation of a great change in the Federal Constitution; but I am quite sure that the abrogation of it in England would either alter the form of government, or bring about a crisis. That it conduces to the personal comfort of Ministers, I will not undertake to say. The various currents of political and social influences meet edgeways in their persons, much like the conflicting tides in St. George's Channel or the Straits of Dover; for, while they are the ultimate regulators of the relations between the Crown on the one side, and the people through the Houses of Parliament on the other, they have no authority vested in them to coerce or censure either way. Their attitude toward the Houses must always be that of deference; their language that of respect, if not submission. Still more must their attitude and language toward the Sovereign be the same in principle, and yet more marked in form; and this, though upon them lies the ultimate responsibility of deciding what shall be done in the Crown's name in every branch of administration, and every department of policy, coupled only with the alternative of ceasing to be Ministers, if what they may advisedly deem the requisite power of action be denied them.

In the ordinary administration of the government, the Sovereign personally is, so to speak, behind the scenes; performing, indeed, many personal acts by the Sign-manual, or otherwise, but, in each and all of them, covered by the counter-signature or advice of Ministers, who stand between the august Personage and the people. There is, accordingly, no more power, under the form of our Constitution, to assail the Monarch in his personal capacity, or to assail through him, the line of succession to the Crown, than there is at chess to put the king in check. In truth, a good deal, though by no means the whole, of the philosophy of the British Constitution is represented in this central point of the wonderful game, against which the only reproach—the reproach of Lord Bacon—is that it is hardly a relaxation, but rather a serious tax upon the brain.

The Sovereign in England is the symbol of the nation's unity, and the apex of the social structure; the maker (with advice) of the laws; the supreme governor of the Church; the fountain of justice; the sole source of honor; the person to whom all military, all naval, all civil service is rendered. The Sovereign owns very large properties; receives and holds, in law, the entire revenue of the State; appoints and dismisses Ministers; makes treaties; pardons crime, or abates its punishment; wages war, or concludes peace; summons and dissolves the Parliament; exercises these vast powers for the most part without any specified restraint of law; and yet enjoys, in regard to these and every other function, an absolute immunity from consequences. There is no provision in the law of the United Empire, or in the machinery of the Constitution, for calling the Sovereign to account; and only in one solitary and improbable, but perfectly defined, case—that of his submitting to the jurisdiction of the Pope—is he deprived by Statute of the Throne. Setting aside that peculiar exception, the offspring of a necessity still freshly felt when it was made, the Constitution might seem to be founded on the belief of a real infallibility in its head. Less, at any rate, cannot be said than this. Regal right has, since the Revolution of 1688, been expressly founded upon contract; and the breach of that contract destroys the title to the allegiance of the subject. But no provision, other than the general rule of hereditary succession, is made to meet either this case, or any other form of political miscarriage or misdeed. It seems as though the Genius of the Nation would not stain its lips by so much as the mere utterance of such a word; nor can we put this state of facts into language more justly than by saying that the Constitution would regard the default of the Monarch, with his heirs, as the chaos of the State, and would simply trust to the inherent energies of the several orders of society for its legal reconstruction.

The original authorship of the representative system is commonly accorded to the English race. More clear and indisputable is its title to the great political discovery of Constitutional Kingship. And a very great discovery it is. Whether it is destined, in any future day, to minister in its integrity to the needs of the New World, it may be hard to say. In that important branch of its utility which is negative, it completely serves the purposes of the many strong and rising Colonies of Great Britain, and saves them all the perplexities and perils attendant upon successions to the headship of the Executive. It presents to them, as it does to us, the symbol of unity, and the object of all our political veneration, which we love to find rather in a person, than in an abstract entity, like the State. But the Old World, at any rate, still is, and may long continue, to constitute the living centre of civilization, and to hold the primacy of the race; and of this great society the several members approximate, in a rapidly extending series, to the practice and idea of Constitutional Kingship. The chief States of Christendom, with only two exceptions, have, with more or less distinctness, adopted it. Many of them, both great and small, have thoroughly assimilated it to their system. The autocracy of Russia, and the Republic of France, each of them congenial to the present wants of the respective countries, may yet, hereafter, gravitate toward the principle, which elsewhere has developed so large an attractive power. Should the current, that has prevailed through the last half-century, maintain its direction and its strength, another fifty years may see all Europe adhering to the theory and practice of this beneficent institution, and peaceably sailing in the wake of England.

No doubt, if tried by an ideal standard, it is open to criticism. Aristotle and Plato, nay, Bacon, and perhaps Leibnitz, would have scouted it as a scientific abortion. Some men would draw disparaging comparisons between the mediaeval and the modern King. In the person of the first was normally embodied the force paramount over all others in the country, and on him was laid a weight of responsibility and toil so tremendous, that his function seems always to border upon the superhuman; that his life commonly wore out before the natural term; and that an indescribable majesty, dignity, and interest surround him in his misfortunes, nay, almost in his degradation; as, for instance, amidst

"The shrieks of death, through Berkeley's roof that ring, Shrieks of an agonizing King."[12]

For this concentration of power, toil, and liability, milder realities have now been substituted; and Ministerial responsibility comes between the Monarch and every public trial and necessity, like armor between the flesh and the spear that would seek to pierce it; only this is an armor itself also fleshy, at once living and impregnable. It may be said, by an adverse critic, that the Constitutional Monarch is only a depository of power, as an armory is a depository of arms; but that those who wield the arms, and those alone, constitute the true governing authority. And no doubt this is so far true, that the scheme aims at associating in the work of government with the head of the State the persons best adapted to meet the wants and wishes of the people, under the conditions that the several aspects of supreme power shall be severally allotted; dignity and visible authority shall lie wholly with the wearer of the crown, but labor mainly, and responsibility wholly, with its servants. From hence, without doubt, it follows that should differences arise, it is the will of those in whose minds the work of government is elaborated, that in the last resort must prevail. From mere labor, power may be severed; but not from labor joined with responsibility. This capital and vital consequence flows out of the principle that the political action of the Monarch shall everywhere be mediate and conditional upon the concurrence of confidential advisers. It is impossible to reconcile any, even the smallest, abatement of this doctrine, with the perfect, absolute immunity of the Sovereign from consequences. There can be in England no disloyalty more gross, as to its effects, than the superstition which affects to assign to the Sovereign a separate, and so far as separate, transcendental sphere of political action. Anonymous servility has, indeed, in these last days, hinted such a doctrine[13]; but it is no more practicable to make it thrive in England, than to rear the jungles of Bengal on Salisbury Plain.

There is, indeed, one great and critical act, the responsibility for which falls momentarily or provisionally upon the Sovereign; it is the dismissal of an existing Ministry, and the appointment of a new one. This act is usually performed with the aid drawn from authentic manifestations of public opinion, mostly such as are obtained through the votes or conduct of the House of Commons. Since the reign of George III there has been but one change of Ministry in which the Monarch acted without the support of these indications. It was when William IV, in 1834, dismissed the Government of Lord Melbourne, which was known to be supported, though after a lukewarm fashion, by a large majority of the existing House of Commons. But the royal responsibility was, according to the doctrine of our Constitution, completely taken over, ex post facto, by Sir Robert Peel, as the person who consented, on the call of the King, to take Lord Melbourne's office. Thus, though the act was rash, and hard to justify, the doctrine of personal immunity was in no way endangered. And here we may notice, that in theory an absolute personal immunity implies a correlative limitation of power, greater than is always found in practice. It can hardly be said that the King's initiative left to Sir R. Peel a freedom perfectly unimpaired. And, most certainly, it was a very real exercise of personal power. The power did not suffice for its end, which was to overset the Liberal predominance; but it very nearly sufficed. Unconditionally entitled to dismiss the Ministers, the Sovereign can, of course, choose his own opportunity. He may defy the Parliament, if he can count upon the people. William IV, in the year 1834, had neither Parliament nor people with him. His act was within the limits of the Constitution, for it was covered by the responsibility of the acceding Ministry. But it reduced the Liberal majority from a number considerably beyond three hundred to about thirty; and it constituted an exceptional but very real and large action on the politics of the country, by the direct will of the King. I speak of the immediate effects. Its eventual result may have been different, for it converted a large disjointed mass into a smaller but organized and sufficient force, which held the fortress of power for the six years 1835-41. On this view it may be said that, if the Royal intervention anticipated and averted decay from natural causes, then with all its immediate success, it defeated its own real aim.

But this power of dismissing a Ministry at will, large as it may be under given circumstances, is neither the safest nor the only power which, in the ordinary course of things, falls Constitutionally to the personal share of the wearer of the crown. He is entitled, on all subjects coming before the Ministry, to knowledge and opportunities of discussion, unlimited save by the iron necessities of business. Though decisions must ultimately conform to the sense of those who are to be responsible for them, yet their business is to inform and persuade the Sovereign, not to overrule him. Were it possible for him, within the limits of human time and strength, to enter actively into all public transactions, he would be fully entitled to do so. What is actually submitted is supposed to be the most fruitful and important part, the cream of affairs. In the discussion of them, the Monarch has more than one advantage over his advisers. He is permanent, they are fugitive; he speaks from the vantage-ground of a station unapproachably higher; he takes a calm and leisurely survey, while they are worried with the preparatory stages, and their force is often impaired by the pressure of countless detail. He may be, therefore, a weighty factor in all deliberations of State. Every discovery of a blot, that the studies of the Sovereign in the domain of business enable him to make, strengthens his hands and enhances his authority. It is plain, then, that there is abundant scope for mental activity to be at work under the gorgeous robes of Royalty.

This power spontaneously takes the form of influence; and the amount of it depends on a variety of circumstances; on talent, experience, tact, weight of character, steady, untiring industry, and habitual presence at the seat of government. In proportion as any of these might fail, the real and legitimate influence of the Monarch over the course of affairs would diminish; in proportion as they attain to fuller action, it would increase. It is a moral, not a coercive, influence. It operates through the will and reason of the Ministry, not over or against them. It would be an evil and a perilous day for the Monarchy, were any prospective possessor of the Crown to assume or claim for himself final, or preponderating, or even independent power, in any one department of the State. The ideas and practice of the time of George III, whose will in certain matters limited the action of the Ministers, cannot be revived, otherwise than by what would be, on their part, nothing less than a base compliance, a shameful subserviency, dangerous to the public weal, and in the highest degree disloyal to the dynasty. Because, in every free State, for every public act, some one must be responsible; and the question is, Who shall it be? The British Constitution answers: The Minister, and the Minister exclusively. That he may be responsible, all action must be fully shared by him. Sole action, for the Sovereign, would mean undefended, unprotected action; the armor of irresponsibility would not cover the whole body against sword or spear; a head would project beyond the awning, and would invite a sunstroke.

The reader, then, will clearly see that there is no distinction more vital to the practice of the British Constitution, or to a right judgment upon it, than the distinction between the Sovereign and the Crown. The Crown has large prerogatives, endless functions essential to the daily action, and even the life, of the State. To place them in the hands of persons who should be mere tools in a Royal will, would expose those powers to constant unsupported collision with the living forces of the nation, and to a certain and irremediable crash. They are therefore entrusted to men, who must be prepared to answer for the use they make of them. This ring of responsible Ministerial agency forms a fence around the person of the Sovereign, which has thus far proved impregnable to all assaults. The august personage, who from time to time may rest within it, and who may possess the art of turning to the best account the countless resources of the position, is no dumb and senseless idol; but, together with real and very large means of influence upon policy, enjoys the undivided reverence which a great people feels for its head; and is likewise the first and by far the weightiest among the forces, which greatly mould, by example and legitimate authority, the manners, nay the morals, of a powerful aristocracy and a wealthy and highly trained society. The social influence of a Sovereign, even if it stood alone, would be an enormous attribute. The English people are not believers in equality; they do not, with the famous Declaration of July 4, 1776, think it to be a self-evident truth that all men are born equal. They hold rather the reverse of that proposition. At any rate, in practice, they are what I may call determined inequalitarians; nay, in some cases, even without knowing it. Their natural tendency, from the very base of British society, and through all its strongly built gradations, is to look upward: they are not apt to "untune degree." The Sovereign is the highest height of the system, is, in that system, like Jupiter among the Roman gods, first without a second.

"Nec viget quicquam simile aut secundum."[14]

Not, like Mont Blanc, with rivals in his neighborhood; but like Ararat or Etna, towering alone and unapproachable. The step downward from the King to the second person in the realm is not like that from the second to the third: it is more even than a stride, for it traverses a gulf. It is the wisdom of the British Constitution to lodge the personality of its chief so high, that none shall under any circumstances be tempted to vie, no, nor dream of vieing, with it. The office, however, is not confused, though it is associated, with the person; and the elevation of official dignity in the Monarch of these realms has now for a testing period worked well, in conjunction with the limitation of merely personal power.

In the face of the country, the Sovereign and the Ministers are an absolute unity. The one may concede to the other; but the limit of concessions by the Sovereign is at the point where he becomes willing to try the experiment of changing his Government, and the limit of concessions by the Minister is at the point where they become unwilling to bear, what in all circumstances they must bear while they remain Ministers, the undivided responsibility of all that is done in the Crown's name. But it is not with the Sovereign only that the Ministry must be welded into identity. It has a relation to sustain to the House of Lords; which need not, however, be one of entire unity, for the House of Lords, though a great power in the State, and able to cause great embarrassment to an Administration, is not able by a vote to doom it to capital punishment. Only for fifteen years, out of the last fifty, has the Ministry of the day possessed the confidence of the House of Lords. On the confidence of the House of Commons it is immediately and vitally dependent. This confidence it must always possess, either absolutely from identity of political color, or relatively and conditionally. This last case arises when an accidental dislocation of the majority in the Chamber has put the machine for the moment out of gear, and the unsafe experiment of a sort of provisional government, doomed on the one hand to be feeble, or tempted on the other to be dishonest, is tried; much as the Roman Conclave has sometimes been satisfied with a provisional Pope, deemed likely to live for the time necessary to reunite the factions of the prevailing party.

I have said that the Cabinet is essentially the regulator of the relations between King, Lords, and Commons; exercising functionally the powers of the first, and incorporated, in the persons of its members, with the second and the third. It is, therefore, itself a great power. But let no one suppose it is the greatest. In a balance nicely poised, a small weight may turn the scale; and the helm that directs the ship is not stronger than the ship. It is a cardinal axiom of the modern British Constitution, that the House of Commons is the greatest of the powers of the State. It might, by a base subserviency, fling itself at the feet of a Monarch or a Minister; it might, in a season of exhaustion, allow the slow persistence of the Lords, ever eyeing it as Lancelot was eyed by Modred, to invade its just province by baffling its action at some time propitious for the purpose. But no Constitution can anywhere keep either Sovereign, or Assembly, or nation, true to its trust and to itself. All that can be done has been done. The Commons are armed with ample powers of self-defence. If they use their powers properly, they can only be mastered by a recurrence to the people, and the way in which the appeal can succeed is by the choice of another House of Commons more agreeable to the national temper. Thus the sole appeal from the verdict of the House is a rightful appeal to those from whom it received its commission.

This superiority in power among the great State forces was, in truth, established even before the House of Commons became what it now is, representative of the people throughout its entire area. In the early part of the century, a large part of its members virtually received their mandate from members of the Peerage, or from the Crown, or by the direct action of money on a mere handful of individuals, or, as in Scotland, for example, from constituencies whose limited numbers and upper-class sympathies usually shut out popular influences. A real supremacy belonged to the House as a whole; but the forces of which it was compounded were not all derived from the people, and the aristocratic power had found out the secret of asserting itself within the walls of the popular chamber, in the dress and through the voices of its members. Many persons of gravity and weight saw great danger in a measure of change like the first Reform Act, which left it to the Lords to assert themselves, thereafter, by an external force, instead of through a share in the internal composition of a body so formidable. But the result proved that they were sufficiently to exercise, through the popular will and choice, the power which they had formerly put in action without its sanction, though within its proper precinct and with its title falsely inscribed.

The House of Commons is superior, and by far superior, in the force of its political attributes, to any other single power in the State. But it is watched; it is criticized; it is hemmed in and about by a multitude of other forces: the force, first of all, of the House of Lords, the force of opinion from day to day, particularly of the highly anti-popular opinion of the leisured men of the metropolis, who, seated close to the scene of action, wield an influence greatly in excess of their just claims; the force of the classes and professions; the just and useful force of the local authorities in their various orders and places. Never was the great problem more securely solved, which recognizes the necessity of a paramount power in the body politic to enable it to move, but requires for it a depository such that it shall be safe against invasion, and yet inhibited from aggression.

The old theories of a mixed government, and of the three powers, coming down from the age of Cicero, when set by the side of the living British Constitution, are cold, crude, and insufficient to a degree that makes them deceptive. Take them, for example, as represented, fairly enough, by Voltaire: the picture drawn by him is for us nothing but a puzzle:—

"Aux murs de Vestminster on voit paraitre ensemble Trois pouvoirs etonnes du noeud qui les rassemble, Les deputes du peuple, les grands, et le Roi, Divises d' interet, reunis par la Loi."[15]

There is here lacking an amalgam, a reconciling power, what may be called a clearing-house of political forces, which shall draw into itself every thing, and shall balance and adjust every thing, and ascertaining the nett result, let it pass on freely for the fulfilment of the purposes of the great social union. Like a stout buffer-spring, it receives all shocks, and within it their opposing elements neutralize one another. This is the function of the British Cabinet. It is perhaps the most curious formation in the political world of modern times, not for its dignity, but for its subtlety, its elasticity, and its many-sided diversity of power. It is the complement of the entire system; a system which appears to want nothing but a thorough loyalty in the persons composing its several parts, with a reasonable intelligence, to insure its bearing, without fatal damage, the wear and tear of ages yet to come.

It has taken more than a couple of centuries to bring the British Cabinet to its present accuracy and fulness of development; for the first rudiments of it may sufficiently be discerned in the reign of Charles I. Under Charles II it had fairly started from its embryo; and the name is found both in Clarendon and in the Diary of Pepys.[16] It was for a long time without a Ministerial head; the King was the head. While this arrangement subsisted, constitutional government could be but half established. Of the numerous titles of the Revolution of 1688 to respect, not the least remarkable is this, that the great families of the country, and great powers of the State, made no effort, as they might have done, in the hour of its weakness, to aggrandize themselves at the expense of the crown. Nevertheless, for various reasons, and among them because of the foreign origin, and absences from time, of several Sovereigns, the course of events tended to give force to the organs of Government actually on the spot, and thus to consolidate, and also to uplift, this as yet novel creation. So late, however, as the impeachment of Sir Robert Walpole, his friends thought it expedient to urge on his behalf, in the House of Lords, that he had never presumed to constitute himself a Prime-Minister.

The breaking down of the great offices of State by throwing them into commission, and last among them of the Lord High Treasurership after the time of Harley, Earl of Oxford, tended, and may probably have been meant, to prevent or retard the formation of a recognized Chiefship in the Ministry; which even now we have not learned to designate by a true English word, though the use of the imported phrase "Premier" is at least as old as the poetry of Burns. Nor can any thing be more curiously characteristic of the political genius of the people, than the present position of this most important official personage. Departmentally, he is no more than the first-named of five persons, by whom jointly the powers of the Lord Treasurership are taken to be exercised; he is not their master, or, otherwise than by mere priority, their head: and he has no special function or prerogative under the formal Constitution of the office. He has no official rank except that of Privy Councillor. Eight members of the Cabinet, including five Secretaries of State, and several other members of the Government, take official precedence of him. His rights and duties as head of the Administration are nowhere recorded. He is almost, if not altogether, unknown to the Statute Law.

Nor is the position of the body, over which he presides, less singular than his own. The Cabinet wields, with partial exceptions, the powers of the Privy Council, besides having a standing ground in relation to the personal will of the Sovereign, far beyond what the Privy Council ever held or claimed. Yet it has no connection with the Privy Council, except that every one, on first becoming a member of the Cabinet, is, if not belonging to it already, sworn a member of that body. There are other sections of the Privy Council, forming regular Committees for Education and for Trade. But the Cabinet has not even this degree of formal sanction, to sustain its existence. It lives and acts simply by understanding, without a single line of written law or constitution to determine its relations to the Monarch, or to the Parliament, or to the nation; or the relations of its members to one another, or to their head. It sits in the closest secrecy. There is no record of its proceedings, nor is there any one to hear them, except upon the very rare occasions when some important functionary, for the most part military or legal, is introduced, pro hac vice, for the purpose of giving to it necessary information.

Every one of its members acts in no less than three capacities: as administrator of a department of State; as member of a legislative chamber; and as a confidential adviser of the Crown. Two at least of them add to those three characters a fourth; for in each House of Parliament it is indispensable that one of the principal Ministers should be what is termed its Leader. This is an office the most indefinite of all, but not the least important. With very little of defined prerogative, the Leader suggests, and in a great degree fixes, the course of all principal matters of business, supervises and keeps in harmony the action of his colleagues, takes the initiative in matters of ceremonial procedure, and advises the House in every difficulty as it arises. The first of these, which would be of but secondary consequence where the assembly had time enough for all its duties, is of the utmost weight in our overcharged House of Commons, where, notwithstanding all its energy and all its diligence, for one thing of consequence that is done, five or ten are despairingly postponed. The overweight, again, of the House of Commons is apt, other things being equal, to bring its Leader inconveniently near in power to a Prime-Minister who is a Peer. He can play off the House of Commons against his chief; and instances might be cited, though they are happily most rare, when he has served him very ugly tricks.

The nicest of all the adjustments involved in the working of the British Government is that which determines, without formally defining, the internal relations of the Cabinet. On the one hand, while each Minister is an adviser of the Crown, the Cabinet is a unity, and none of its members can advise as an individual, without, or in opposition actual or presumed to, his colleagues. On the other hand, the business of the State is a hundred-fold too great in volume to allow of the actual passing of the whole under the view of the collected Ministry. It is therefore a prime office of discretion for each Minister to settle what are the departmental acts in which he can presume the concurrence of his colleagues, and in what more delicate, or weighty, or peculiar cases, he must positively ascertain it. So much for the relation of each Minister to the Cabinet; but here we touch the point which involves another relation, perhaps the least known of all, his relation to its head.

The head of the British Government is not a Grand Vizier. He has no powers, properly so called, over his colleagues: on the rare occasions, when a Cabinet determines its course by the votes of its members, his vote counts only as one of theirs. But they are appointed and dismissed by the Sovereign on his advice. In a perfectly organized administration, such for example as was that of Sir Robert Peel in 1841-6, nothing of great importance is matured, or would even be projected, in any department without his personal cognizance; and any weighty business would commonly go to him before being submitted to the Cabinet. He reports to the Sovereign its proceedings, and he also has many audiences of the august occupant of the Throne. He is bound in these reports and audiences, not to counterwork the Cabinet; not to divide it; not to undermine the position of any of his colleagues in the Royal favor. If he departs in any degree from strict adherence to these rules, and uses his great opportunities to increase his own influence, or pursue aims not shared by his colleagues, then, unless he is prepared to advise their dismissal, he not only departs from rule, but commits an act of treachery and baseness. As the Cabinet stands between the Sovereign and the Parliament, and is bound to be loyal to both, so he stands between his colleagues and the Sovereign, and is bound to be loyal to both.

As a rule, the resignation of the First Minister, as if removing the bond of cohesion in the Cabinet, has the effect of dissolving it. A conspicuous instance of this was furnished by Sir Robert Peel in 1846; when the dissolution of the Administration, after it had carried the repeal of the Corn Laws, was understood to be due not so much to a united deliberation and decision as to his initiative. The resignation of any other Minister only creates a vacancy. In certain circumstances, the balance of forces may be so delicate and susceptible that a single resignation will break up the Government; but what is the rule in the one case is the rare exception in the other. The Prime Minister has no title to override any one of his colleagues in any one of the departments. So far as he governs them, unless it is done by trick, which is not to be supposed, he governs them by influence only. But upon the whole, nowhere in the wide world does so great a substance cast so small a shadow; nowhere is there a man who has so much power, with so little to show for it in the way of formal title or prerogative.

The slight record that has here been traced may convey but a faint idea of an unique creation. And, slight as it is, I believe it tells more than, except in the school of British practice, is elsewhere to be learned of a machine so subtly balanced, that it seems as though it were moved by something not less delicate and slight than the mainspring of a watch. It has not been the offspring of the thought of man. The Cabinet, and all the present relations of the Constitutional powers in this country, have grown into their present dimensions, and settled into their present places, not as the fruit of a philosophy, not in the effort to give effect to an abstract principle; but by the silent action of forces, invisible and insensible, the structure has come up into the view of all the world. It is, perhaps, the most conspicuous object on the wide political horizon; but it has thus risen, without noise, like the temple of Jerusalem.

"No workman steel, no ponderous hammers rung; Like some tall palm the stately fabric sprung."[17]

When men repeat the proverb which teaches us that "marriages are made in heaven," what they mean is that, in the most fundamental of all social operations, the building up of the family, the issues involved in the nuptial contract, lie beyond the best exercise of human thought, and the unseen forces of providential government make good the defect in our imperfect capacity. Even so would it seem to have been in that curious marriage of competing influences and powers, which brings about the composite harmony of the British Constitution. More, it must be admitted, than any other, it leaves open doors which lead into blind alleys; for it presumes, more boldly than any other, the good sense and good faith of those who work it. If, unhappily, these personages meet together, on the great arena of a nation's fortunes, as jockeys meet upon a racecourse, each to urge to the uttermost, as against the others, the power of the animal he rides; or as counsel in a court, each to procure the victory of his client, without respect to any other interest or right: then this boasted Constitution of ours is neither more nor less than a heap of absurdities. The undoubted competency of each reaches even to the paralysis or destruction of the rest. The House of Commons is entitled to refuse every shilling of the supplies. That House, and also the House of Lords, is entitled to refuse its assent to every bill presented to it. The Crown is entitled to make a thousand Peers to-day and as many to-morrow: it may dissolve all and every Parliament before it proceeds to business; may pardon the most atrocious crimes; may declare war against all the world; may conclude treaties involving unlimited responsibilities, and even vast expenditure, without the consent, nay, without the knowledge, of Parliament, and this not merely in support or in development, but in reversal, of policy already known to and sanctioned by the nation. But the assumption is that the depositaries of power will all respect one another; will evince a consciousness that they are working in a common interest for a common end; that they will be possessed, together with not less than an average intelligence, of not less than an average sense of equity and of the public interest and rights. When these reasonable expectations fail, then, it must be admitted, the British Constitution will be in danger.

Apart from such contingencies, the offspring only of folly or of crime, this Constitution is peculiarly liable to subtle change. Not only in the long run, as man changes between youth and age, but also, like the human body, with a quotidian life, a periodical recurrence of ebbing and flowing tides. Its old particles daily run to waste, and give place to new. What is hoped among us is, that which has usually been found, that evils will become palpable before they have grown to be intolerable.

There cannot, for example, be much doubt among careful observers that the great conservator of liberty in all former times, namely, the confinement of the power of the purse to the popular chamber, has been lamentably weakened in its efficiency of late years; weakened in the House of Commons, and weakened by the House of Commons. It might indeed be contended that the House of Commons of the present epoch does far more to increase the aggregate of public charge than to reduce it. It might even be a question whether the public would take benefit if the House were either intrusted annually with a great part of the initiative, so as to be really responsible to the people for the spending of their money; or else were excluded from part at least of its direct action upon expenditure, intrusting to the executive the application of given sums which that executive should have no legal power to exceed.

Meantime, we of this island are not great political philosophers; and we contend with an earnest, but disproportioned, vehemence about changes which are palpable, such as the extension of the suffrage, or the redistribution of Parliamentary seats, neglecting wholly other processes of change which work beneath the surface, and in the dark, but which are even more fertile of great organic results. The modern English character reflects the English Constitution in this, that it abounds in paradox; that it possesses every strength; but holds it tainted with every weakness; that it seems alternately both to rise above and to fall below the standard of average humanity; that there is no allegation of praise or blame which, in some one of the aspects of its many-sided formation, it does not deserve; that only in the midst of much default, and much transgression, the people of this United Kingdom either have heretofore established, or will hereafter establish, their title to be reckoned among the children of men, for the eldest born of an imperial race.

In this imperfect survey, I have carefully avoided all reference to the politics of the day and to particular topics, recently opened, which may have undergone a great development even before these lines appear in print on the other side of the Atlantic. Such reference would, without any countervailing advantage, have lowered the strain of these remarks, and would have complicated with painful considerations a statement essentially impartial and general in its scope.

For the yet weightier reason of incompetency, I have avoided the topics of chief present interest in America, including that proposal to tamper with the true monetary creed which (as we should say) the Tempter lately presented to the Nation in the Silver Bill. But I will not close this paper without recording my conviction that the great acts, and the great forbearances, which immediately followed the close of the Civil War form a group which will ever be a noble object, in his political retrospect, to the impartial historian; and that, proceeding as they did from the free choice and conviction of the people, and founded as they were on the very principles of which the multitude is supposed to be least tolerant, they have, in doing honor to the United States, also rendered a splendid service to the general cause of popular government throughout the world.[18]



JOHN HENRY NEWMAN.

BORN 1801.



PRIVATE JUDGMENT.

BY JOHN HENRY NEWMAN.

There is this obvious, undeniable difficulty in the attempt to form a theory of Private Judgment, in the choice of a religion, that Private Judgment leads different minds in such different directions. If, indeed, there be no religious truth, or at least no sufficient means of arriving at it, then the difficulty vanishes: for where there is nothing to find, there can be no rules for seeking, and contradiction in the result is but a reductio ad absurdum of the attempt. But such a conclusion is intolerable to those who search, else they would not search; and therefore on them the obligation lies to explain, if they can, how it comes to pass, that Private Judgment is a duty, and an advantage, and a success, considering it leads the way not only to their own faith, whatever that may be, but to opinions which are diametrically opposite to it; considering it not only leads them right, but leads others wrong, landing them as it may be in the Church of Rome, or in the Wesleyan Connection, or in the Society of Friends.

Are exercises of mind, which end so diversely, one and all pleasing to the Divine Author of faith; or rather must they not contain some inherent or some incidental defect, since they manifest such divergence? Must private judgment in all cases be a good per se; or is it a good under circumstances, and with limitations? Or is it a good, only when it is not an evil? Or is it a good and evil at once, a good involving an evil? Or is it an absolute and simple evil? Questions of this sort rise in the mind on contemplating a principle which leads to more than the thirty-two points of the compass, and, in consequence, whatever we may here be able to do, in the way of giving plain rules for its exercise, be it greater or less, will be so much gain.

1.

Now the first remark which occurs is an obvious one, and, we suppose, will be suffered to pass without much opposition, that whatever be the intrinsic merits of Private Judgment, yet, if it at all exerts itself in the direction of proselytism and conversion, a certain onus probandi lies upon it, and it must show cause why it should be tolerated, and not rather treated as a breach of the peace, and silenced instanter as a mere disturber of the existing constitution of things. Of course it may be safely exercised in defending what is established; and we are far indeed from saying that it is never to advance in the direction of change or revolution, else the Gospel itself could never have been introduced; but we consider that serious religious changes have prima facie case against them; they have something to get over, and have to prove their admissibility, before it can reasonably be allowed; and their agents may be called upon to suffer, in order to prove their earnestness, and to pay the penalty of the trouble they are causing. Considering the special countenance given in Scripture to quiet, unanimity, and contentedness, and the warnings directed against disorder, insubordination, changeableness, discord, and division; considering the emphatic words of the Apostle, laid down by him as a general principle, and illustrated in detail, "Let every man abide in the same calling wherein he was called"; considering, in a word, that change is really the characteristic of error, and unalterableness the attribute of truth, of holiness, of Almighty God Him self, we consider that when Private Judgment moves in the direction of innovation, it may well be regarded at first with suspicion and treated with severity. Nay, we confess even a satisfaction, when a penalty is attached to the expression of new doctrines, or to a change of communion. We repeat it, if any men have strong feelings, they should pay for them; if they think it a duty to unsettle things established, they show their earnestness by being willing to suffer. We shall be the last to complain of this kind of persecution, even though directed against what we consider the cause of truth. Such disadvantages do no harm to that cause in the event, but they bring home to a man's mind his own responsibility; they are a memento to him of a great moral law, and warn him that his private judgment, if not a duty, is a sin.

An act of private judgment is, in its very idea, an act of individual responsibility; this is a consideration which will come with especial force on a conscientious mind, when it is to have so fearful an issue as a change of religion. A religious man will say to himself, "If I am in error at present, I am in error by a disposition of Providence, which has placed me where I am; if I change into an error, this is my own act. It is much less fearful to be born at disadvantage, than to place myself at disadvantage."

And if the voice of men in general is to weigh at all in a matter of this kind, it does but corroborate these instinctive feelings. A convert is undeniably in favor with no party; he is looked at with distrust, contempt, and aversion by all. His former friends think him a good riddance, and his new friends are cold and strange; and as to the impartial public, their very first impulse is to impute the change to some eccentricity of character, or fickleness of mind, or tender attachment, or private interest. Their utmost praise is the reluctant confession that "doubtless he is very sincere." Churchmen and Dissenters, men of Rome and men of the Kirk, are equally subject to this remark. Not on extraordinary occasions only, but as a matter of course, whenever the news of a conversion to Romanism, or to Irvingism, or to the Plymouth Sect, or to Unitarianism, is brought to us, we say, one and all of us: "No wonder, such a one has lived so long abroad"; or, "he is of such a very imaginative turn"; or, "he is so excitable and odd"; or, "what could he do? all his family turned"; or, "it was a reaction in consequence of an injudicious education"; or, "trade makes men cold," or "a little learning makes them shallow in their religion." If, then, the common voice of mankind goes for any thing, must we not consider it to be the rule that men change their religion, not on reason, but for some extra-rational feeling or motive? else, the world would not so speak.

Now, for ourselves, we are not quarrelling with this testimony,—we are willing to resign ourselves to it; but we think there are parties whom it concerns much to ponder it. Surely it is a strong, and, as they ought to feel, an alarming proof, that, for all the haranguing and protesting which goes on in Exeter and other halls, this great people is not such a conscientious supporter of the sacred right of Private Judgment as a good Protestant would desire. Why should we go out of our way, one and all of us, to impute personal motives in explanation of the conversion of every individual convert, as he comes before us, if there were in us, the public, an adhesion to that absolute, and universal, and unalienable principle, as its titles are set forth in heraldic style, high and broad, sacred and awful, the right, and the duty, and the possibility of Private Judgment? Why should we confess it in the general, yet promptly and pointedly deny it in every particular, if our hearts retained more than the "magni nominis umbra," when we preached up the Protestant principle? Is it not sheer wantonness and cruelty in Baptist, Independent, Irvingite, Wesleyan, Establishment-man, Jumper, and Mormonite, to delight in trampling on and crushing these manifestations of their own pure and precious charter, instead of dutifully and reverently exalting, at Bethel, or at Dan, each instance of it, as it occurs, to the gaze of its professing votaries? If a staunch Protestant's daughter turns Roman, and betakes herself to a convent, why does he not exult in the occurrence? Why does he not give a public breakfast, or hold a meeting, or erect a memorial, or write a pamphlet in honor of her, and of the great undying principle she has so gloriously vindicated? Why is he in this base, disloyal style, muttering about priests, and Jesuits, and the horrors of nunneries, in solution of the phenomenon, when he has the fair and ample form of Private Judgment rising before his eyes, and pleading with him, and bidding him impute good motives, not bad, and in very charity ascribe to the influence of a high and holy principle, to a right and a duty of every member of the family of man, what his poor human instincts are fain to set down as a folly or a sin. All this would lead us to suspect that the doctrine of private judgment, in its simplicity, purity, and integrity,—private judgment, all private judgment, and nothing but private judgment,—is held by very few persons indeed; and that the great mass of the population are either stark unbelievers in it, or deplorably dark about it; and that even the minority who are in a manner faithful to it, have glossed and corrupted the true sense of it by a miserably faulty reading, and hold, not the right of private judgment, but the private right of judgment; in other words, their own private right, and no one's else. To us it seems as clear as day, that they consider that they themselves, indeed, individually can and do act on reason, and on nothing but reason; that they have the gift of advancing, without bias or unsteadiness, throughout their search, from premise to conclusion, from text to doctrine; that they have sought aright, and no one else, who does not agree with them; that they alone have found out the art of putting the salt upon the bird's tail, and have rescued themselves from being the slaves of circumstance and the creatures of impulse. It is undeniable, then, if the popular feeling is to be our guide, that, high and mighty as the principle of private judgment is in religious inquiries, as we most fully grant it is, still it bears some similarity to Saul's armor which David rejected, or to edged tools which have a bad trick of chopping at our fingers, when we are but simply and innocently meaning them to make a dash forward at truth.

Any tolerably serious man will feel this in his own case more vividly than in that of any one else. Who can know ever so little of himself without suspecting all kinds of imperfect and wrong motives in everything he attempts? And then there is the bias of education and of habit; and, added to the difficulties thence resulting, those which arise from weakness of the reasoning faculty; ignorance or imperfect knowledge of the original languages of Scripture, and again, of history and antiquity. These things being considered, we lay it down as a truth, about which, we think, few ought to doubt, that Divine aid alone can carry any one safely and successfully through an inquiry after religious truth. That there are certain very broad contrasts between one religion and another, in which no one would be at fault what to think and what to choose, is very certain; but the problem proposed to private judgment at this day, is of a rather more complicated nature. Taking things as they are, we all seem to be in Solomon's case, when he said, "I am but a little child; I know not how to go out or come in; and Thy servant is in the midst of a great people, that cannot be numbered nor counted for multitude. Give, therefore, Thy servant an understanding heart, that I may discern between good and bad." It is useless, surely, attempting to inquire or judge, unless a Divine command enjoin the work upon us, and a Divine promise sustain us through it. Supposing, indeed, such a command and promise be given, then, of course, there is no difficulty in the matter. Whatever be our personal infirmities, He whom we serve can overrule or supersede them. An act of duty must always be right; and will be accepted, whatever be its success, because done in obedience to His will. And he can bless the most unpromising circumstances; He can even lead us forward by means of our mistakes; He can turn our mistakes into a revelation; He can convert us, if He will, through the very obstinacy, or self-will, or superstition, which mixes itself up with our better feelings, and defiles, yet is sanctified by our sincerity. And much more can He shed upon our path supernatural light, if He so will, and give us an insight into the meaning of Scripture, and a hold of the sense of Antiquity, to which our own unaided powers never could have attained.

All this is certain: He continually leads us forward in the midst of darkness; and we live, not by bread only, but by His Word converting the hard rock or salt sea into nourishment. The simple question is, has He, in this particular case, commanded? has He promised? and how far? If He has, and as far as He has, all is easy; if He has not, all is, we will not say, impossible, but what is worse, undutiful or presumptuous. Our business is to ask with St. Paul, when arrested in the midst of his frenzy, "Lord, what wilt Thou have me to do?" This is the simple question. He can bless our present state; He can bless our change; which is it His will to bless? If Wesleyan or Independent has come over to us apart from this spirit, we do not much pride ourselves in our convert. If he joins us because he thinks he has a right to judge for himself, or because forms are of no consequence, or merely because sectarianism has its errors and inconveniences, or because an Established Church is an efficacious means of spreading religion, he plainly thinks that the choice of a communion is not a more serious matter than the choice of a neighborhood or of an insurance office. In like manner, if members of our communion have left it for Rome, because of the aesthetic beauty of the latter, and the grandeur of its pretensions, we are grieved, but, good luck to them, we can spare them. And if Roman Catholics join us or our "Dissenting brethren," because their own Church is behind the age, insists on Aristotelic dogmas, and interferes with liberty of thought, such a conversion is no triumph over popery, but over St. Peter and St. Paul. Our only safety lies in obedience; our only comfort in keeping it in view.

If this be so, we have arrived at the following conclusion: that it is our duty to betake ourselves to Scripture, and to observe how far the private search of a religion is there sanctioned, and under what circumstances. This then is the next point which comes under consideration.

2.

Now the first and most ordinary kind of Private Judgment, if it deserves the name, which is recognized in Scripture, is that in which we engage without conscious or deliberate purpose. While Lydia heard St. Paul preach, her heart was opened. She had it not in mind to exercise any supposed sacred right, she was not setting about the choice of a religion, but she was drawn on to accept the Gospel by a moral persuasion. "To him that hath more shall be given," not in the way of judging or choosing, but by an inward development met by external disclosures. Lydia's instance is the type of a multitude of cases, differing very much from each other, some divinely ordered, others merely human, some which would commonly be called cases of private judgment, and others which certainly would not, but all agreeing in this, that the judgment exercised is not recognized and realized by the party exercising it, as the subject-matter of command, promise, duty, privilege, or any thing else. It is but the spontaneous stirring of the affections within, or the passive acceptance of what is offered from without. St. Paul baptized Lydia's household also; it would seem then that he baptized servants or slaves, who had very little power of judging between a true religion and a false; shall we say that they, like their mistress, accepted the Gospel on private judgment or not? Did the thousands baptized in national conversions exercise their private judgment or not? Do children when taught their catechism? Most persons will reply in the negative: yet it will be difficult to separate their case in principle from what Lydia's may have been; that is, the case of religious persons who are advancing forward into the truth—how, they know not. Neither the one class nor the other have undertaken to inquire and judge, or have set about being converted, or have got their reasons all before them and together, to discharge at an enemy or passer-by on fit occasions. The difference between these two classes is in the state of their hearts; the one party consist of unformed minds, or senseless and dead, or minds under temporary excitement, who are brought over by external or accidental influences, without any real sympathy for the religion, which is taught them in order that they may learn sympathy with it, and who, as time goes on, fall away again if they are not happy enough to become imbued with it; and in the other party there is already a sympathy between the external Word and the heart within. The one are proselytized by force, authority, or their mere feelings, the others through their habitual and abiding frame of mind and cast of opinion. But neither can be said, in the ordinary sense of the word, to inquire, reason, and decide about religion. And yet in a great number of these cases,—certainly where the persons in question are come to years of discretion and show themselves consistent in their religious profession afterward,—they would be commonly set forth by Protestant minds as instances of the due exercise of the right of private judgment.

Such are the greater number perhaps of converts at this day, in whatever direction their conversion lies; and their so-called exercise of private judgment is neither right nor wrong in itself, it is a spontaneous act which they do not think about; if it is any thing, it is but a means of bringing out their moral characteristics one way or the other. Often, as in the case of very illiterate and unreflecting persons, it proves nothing either way; but in those who are not so, it is right or wrong, as their hearts are right or wrong; it is an exercise not of reason but of heart. Take, for instance, the case of a servant in a family; she is baptized and educated in the Church of England, and is religiously disposed; she goes into Scotland and conforms to the Kirk, to which her master and mistress belong. She is of course responsible for what she does, but no one would say that she had formed any purpose, or taken any deliberate step. In course of time, when perhaps taxed with the change, she would say in her defence that outward forms matter not, and that there are good men in Scotland as well as in England; but this is an after-thought. Again, a careless person, nominally a Churchman, falls among serious-minded Dissenters, and they reclaim him from vice or irreligion; on this he joins their communion, and as time goes on, boasts perhaps of his right of private judgment. At the time itself, however, no process of inquiry took place within him at all; his heart was "opened," whether for good or for bad, whether by good influences or by good and bad mixed. He was not conscious of convincing reasons, but he took what came to hand, he embraced what was offered, he felt and he acted. Again, a man is brought up among Unitarians, or in the frigid and worldly school which got a footing in the Church during last century, and has been accustomed to view religion as a matter of reason and form, of obligation, to the exclusion of affectionateness and devotion. He falls among persons of what is called an Evangelical cast, and finds his heart interested, and great objects set before it. Such a man falls in with the sentiments he finds, rather than adopts them. He follows the leadings of his heart, perhaps of Divine grace, but certainly not any course of inquiry and proof. There is nothing of argument, discussion, or choice in the process of his conversion. He has no systems to choose between, and no grounds to scrutinize.

Now, in all such cases, the sort of private judgment exercised is right or wrong, not as private judgment, but according to its circumstances. It is either the attraction of a Divine Influence, such as the mind cannot master, or it is a suggestion of reason, which the mind has yet to analyze, before it can bring it to the test of logic. If it is the former, it is above a private judgment, popularly so-called; if the latter, it is not yet so much as one.

A second class of conversions on private judgment consists of those which take place upon the sight or the strong testimony of miracles. Such was the instance of Rahab, of Naaman, if he may be called a convert, and of Nebuchadnezzar; of the blind man in John ix, of St. Paul, of Cornelius, of Sergius Paulus, and many others. Here again the act of judgment is of a very peculiar character. It is not exactly an unconscious act, but yet it is hardly an act of judgment. Our belief in external sensible facts cannot properly be called an act of private judgment; yet since Protestants, we suppose, would say that the blind man or Sergius Paulus were converted on private judgment, let it even so be called, though it is of a very particular kind. Again, conviction after a miracle also implies the latent belief that such acts are signs of the Divine Presence, a belief which may be as generally recognized and maintained, and is as little a peculiar or private feeling as the impression on the senses of the miracle itself. And this leads to the mention of a further instance of the sort of private judgments to which men are invited in Scripture, viz., the exercise of the moral sense. Our Creator has stamped certain great truths upon our minds, and there they remain in spite of the fall. St. Paul appeals to one of these at Lystra, calling on the worshippers of idols to turn from these vanities unto the Living God; and at Athens, "not to think that the Godhead is like unto gold, or silver, or stone graven by art and man's device," but to worship "God who made the world and all things therein." In the same tone he reminds the Thessalonians of their having "turned to God from idols to serve the Living and True God." In like manner, doubtless, other great principles also of religion and morals are rooted in the minds so deeply, that their denial by any religion would be a justification of our quitting or rejecting it. If a pagan found his ecclesiastical polity essentially founded on lying and cheating, or his ritual essentially impure, or his moral code essentially unjust or cruel, we conceive this would be a sufficient reason for his renouncing it for one which was free from these hateful characteristics. Such again is the kind of private judgment exercised, when maxims of principles, generally admitted by bodies of men, are acted upon by individuals who have been ever taught them, as a matter of course, without questioning them; for instance, if a member of the English Church, who had always been taught that preaching is the great ordinance of the Gospel, to the disparagement of the Sacraments, thereupon placed himself under the ministry of a powerful Wesleyan preacher; or if, from the common belief that nothing is essential but what is on the surface of Scripture, he forthwith attached himself to the Baptists, Independents, or Unitarians. Such men indeed often take their line in consequence of some inward liking for the religious system they adopt; but we are speaking of their proceeding as far as it professes to be an act of judgment.

A third class of private judgments recorded in Scripture are those which are exercised at one and the same time by a great number; if it be not a contradiction to call such judgments private. Yet here again we suppose staunch Protestants would maintain that the three thousand at Pentecost, and the five thousand after the miracle on the lame man, and the "great company of the priests," which shortly followed, did avail themselves, and do afford specimens, of the sacred right in question; therefore let it be ruled so. Such, then, is the case of national conversions to which we have already alluded. Again, if the Lutheran Church of Germany with its many theologians, or our neighbor the Kirk,—General Assembly, Men of Strathbogie, Dr. Chalmers, and all,—came to a unanimous or quasi-unanimous resolve to submit to the Archbishop of Canterbury as their patriarch, this doubtless would be an exercise of private judgment perfectly defensible on Scripture precedents.

Now, before proceeding, let us observe, that as yet nothing has been found in Scripture to justify the cases of private judgment which are exemplified in the popular religious biographies of the day. These generally contain instances of conversions made on the judgment, definite, deliberate, independent, isolated, of the parties converted. The converts in these stories had not seen miracles, nor had they developed their own existing principles or beliefs, nor had they changed their religion in company with others, nor had they received new truths, they knew not how. Let us then turn to Scripture a second time, to see whether we can gain thence any clearer sanction of Private Judgment as now exercised among us, than our search into Scripture has hitherto furnished.

3.

There certainly is another method of conversion upon private judgment described in Scripture, which is much more to our purpose, viz., by means of the study of Scripture itself. Thus our Lord says to the Jews, "Search the Scriptures"; and the treasurer of Candace was reading the book of Isaiah when St. Philip met him; and the men of Berea are said to be "more noble than those of Thessalonica, in that they received the word with all readiness of mind, and searched the Scriptures daily, whether those things were so." And it is added, "therefore many of them believed." Here at length, it will be said, is a precedent for such acts of private judgment as are most frequently recommended and instanced in religious tales; and indeed these texts commonly are understood to make it certain beyond dispute, that individuals ordinarily may find out the doctrines of the Gospel for themselves from the private study of Scripture. A little consideration, however, will convince us that even these are precedents for something else, that they sanction, not an inquiry about Gospel doctrine, but about the Gospel teacher; not what has God revealed, but whom has He commissioned? And this is a very different thing.

The context of the passage in which our Lord speaks of searching the Scriptures, shows plainly that their office is that of leading, not to a knowledge of the Gospel, but of Himself, its Author and Teacher. "Whom He hath sent," He says, "Him ye believe not. Search the Scriptures, for in them ye think ye have eternal life, and they are they which testify of Me." He adds, that they "will not come unto Him, that they may have life," and that "He is come in His Father's name, and they receive Him not." And again, "Had ye believed Moses, ye would have believed Me, for he wrote of Me." It is plain that in this passage our Lord does not send His hearers to the Old Testament to gain thence the knowledge of the doctrines of the Gospel by means of their private judgment, but to gain tests or notes by which to find out and receive Him who was the teacher of those doctrines; and, though the treasurer of Candace appears in the narrative to be contemplating our Lord in prophecy, not as the teacher but the object of the Christian faith, yet still in confessing that he could not "understand" what he was reading, "unless some man should guide him," he lays down the principle broadly, which we desire here to maintain, that the private study of Scripture is not intended ordinarily as the means of getting a knowledge of the Gospel. In like manner, St. Peter, on the day of Pentecost, refers to the book of Joel, by way of proving thence, not the Christian doctrine, but the divine promise that new teachers were to be sent in due season, and the fact that it was fulfilled in himself and his brethren. "This is that," he says, "which was spoken by the prophet Joel, I will pour out My Spirit upon all flesh, and your sons and your daughters shall prophesy."

While, then, the conversions recorded in Scripture are brought about in a very marked way through a teacher, and not by means of private judgment, so again, if an appeal is made to private judgment, this is done in order to settle who the teacher is, and what are his notes or tokens, rather than to substantiate this or that religious opinion or practice. And if such instances bear upon our conduct at this day, as it is natural to think they do, then of course the practical question before us is, who is the teacher now, from whose mouth are we to seek the law, and what are his notes?

Now, in remarkable coincidence with this view, we find in both Testaments that teachers are promised under the dispensation of the Gospel, so that they who, like the noble Bereans, search the Scriptures daily will be at little loss whither their private judgment should lead them in order to gain the knowledge of the truth. In the book of Isaiah we have the following express promises: "Though the Lord give you the bread of adversity, and the waters of affliction, yet shall not thy teachers be removed into a corner any more, but thine eyes shall see thy teachers, and thine ears shall hear a voice behind thee, saying, This is the way," etc. Several tests follow descriptive of the condition of things or the circumstances in which these teachers are to be found. First, the absence of idolatry: "Ye shall defile also the covering of thy graven images of silver, and the ornaments of thy molten images of gold"; and next the multitude of fellow-believers: "Then shall He give the rain of thy seed, that thou shalt sow the ground withal; in that day shall thy cattle feed in large pastures." Elsewhere the appointed teacher is noted as speaking with authority and judicially, as: "Every tongue that shall rise against thee in judgment thou shalt condemn." And here again the promises or tests of extent and perpetuity appear: "Thou shalt break forth on the right hand and on the left, and thy seed shall inherit the Gentiles"; and "My kindness shall not depart from them, neither shall the covenant of My peace be removed." Elsewhere holiness is mentioned: "It shall be called, The way of holiness, the unclean shall not pass over it." One more promise shall be cited: "My Spirit that is upon thee, and My words which I have put in thy mouth, shall not depart out of thy mouth, nor out of the mouth of thy seed ... from henceforth and for ever."

In the New Testament we have the same promises stated far more concisely indeed, but, what is much more apposite than a longer description, with the addition of the name of our promised teacher: "The Church of the living God," says St. Paul, "the pillar and ground of the truth." The simple question then for Private Judgment to exercise itself upon is, what and where is the Church?

Now let it be observed how exactly this view of the province of Private Judgment, where it is allowable, as being the discovery not of doctrine, but of the teacher of doctrine, harmonizes both with the nature of Religion and the state of human society as we find it. Religion is for practice, and that immediate. Now it is much easier to form a correct and rapid judgment of persons than of books or of doctrines. Every one, even a child, has an impression about new faces; few persons have any real view about new propositions. There is something in the sight of persons or of bodies of men, which speaks to us for approval or disapprobation with a distinctness to which pen and ink are unequal. This is just the kind of evidence which is needed for use, in cases in which private judgment is divinely intended to be the means of our conversion. The multitude have neither the time, the patience, nor the clearness and exactness of thought, for processes of investigation and deduction. Reason is slow and abstract, cold and speculative; but man is a being of feeling and action; he is not resolvable into a dictum de omni et nullo, or a series of hypotheticals, or a critical diatribe, or an algebraical equation. And this obvious fact does, as far as it goes, make it probable that, if we are providentially obliged to exercise our private judgment, the point toward which we have to direct it, is the teacher rather than the doctrine.

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