The Essentials of Self-Government
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: ; THE ESSENTIALS OF SELF - GOVERNMENT [ENGLAND & WALES] A Comprehensive Survey, designed as a Critical Introduction to the Detailed Study of the Electoral Mechanism as the Foundation of Political Power, and a Potent Instrument of Intellectual and Social Evolution ; with Practical Suggestions for the Increase of its Efficiency. BY ELLIS T. POWELL, LL.B. (Lond.); B.Sc. [Econ.] (Lond.);. Fellow of the Royal Historical Society ; Fellow of the Royal Economic Society of the Inner Temple, Barrister at Law. LONDON: LONGMANS, GREEN & CO., 39, Paternoster Row, E.C. ; New York, Bombay, and Calcutta. 1909. LIBRARY UNIVERSITY OF CALIFORJSQK SAN'i A BARBARA Well roars the storm to those that hear A deeper voioe across the storm. — TENNYSON, "In Memoriam. In this, as In all other matters, It Is well to make our Ideal the highest possible. If we aim at the hishest mark we shall, in this imperfect world, most likely not hit it, but we shall assuredly come much nearer to it than if we are oontent to aim at a lower mark. _£. A. FREEMAN, •' Cathedral Church of Wells," p. 68. iil Digitized by tine Internet Arciiive in 2007 witii funding from IVIicrosoft Corporation littp://www.arcliive.org/details/essentialsofselfOOpoweiala CONTENTS. The Four Canons of Self-Government vii. Chapter I. Introduction ... 1 Chapter II. Registration ... ... ... ... 30 Chapter III. The Distribution of Seats ... ... 55 Chapter IV. Candidate and Candidature ... ... 95 Chapter V. The Election Agent and his Staff ; the Question of " Agency " 121 Chapter VI. The " Outside Organisations" ... 135 Chapter VII. The Election Expenses ... ... 148 Chapter VIII. Corrupt Practices ... ... ... 167 Chapter IX. Illegal Practices ... ... ... 201 Chapter X. The Close of the Contest 222 Chapter XI. The Poll : the Act and Mode of Voting 231 Chapter XII. Election Petitions 268 Chapter XIII. The Dismissal of Members ... ... 277 Chapter XIV. Conclusion 297 Index 301 : : : The Four Canons of Self-Government. First Canon Governing the Suffrage and the Registration of Electors. The electoral rigfils and privilej^es of citizenship shouht^ as far as possible^ be inseparably associated ivith its obligations^ and this ivithout distinction of sex : so thai the State shall not proceed to enforce the discharge of the obligations, especially in the shape of rales and taxes^ until it has conferred the rights and privileges^ or furnished in each individual case a definite and legitimate reason for its refusal so to do. Second Canon Mainly Governing the Distribution of Seats : the Selection of Candidates : the Nomination : the Payment of Members and Election Expenses and Returning Officers' Charges. The area from which the political organism may select the exponents and instruments of its legislative will must be co- extensive with the mature fi.e.^ the adult) intellectualfaculties of the organism itself and the selective power must be distributed and uninterruptedly maintained in strict proportion to the respective development of the various constituent elements which make up its political individuality^ so that the expression of its desires and aspirations may take place with the maxi- mum of precision and freedom,^ and the realisation of its resolutions with the maximum of efficacy. Third Canon : Mainly Governing the Actual Contest : the Party System Corrupt and Illegal Practices : the Arrangements for the Poll the Act and Mode of Voting. The electoral verdict should be the superior aggregate of the largest attainable collocation of deliberate individual judg- ments,, not the merely mechanical consensus of the majority of the mass. For that reason there should be eliminated from the electoral tribunal^ to the utmost possible extent,, all oppor- tunity for the accidental predominance of the minority ^ and all the influences that have their origin in,, or tend towards, caucus- control,, habit,, mystery^corruption,, passion, coercion^ caprice, and individual irresponsibility, as well as all the operations of mass- siiggestibility. Fourth Canon : Mainly Governing Election Petitions and the Dismissal of Members. The electorate should possess not only the sole right of elect- ing, but also the sole and uninterrupted right of dismissing, a member, subject in each case to carefully defined safeguards : so that the relation between the Government and the electorate may be such as to enable the latter to e.vert an instant, con- tinuous, and irresistible influence upon the former, by way of stimulus, control, and check. THE ESSENTIALS OF SELF-GOVERNMENT. CHAPTER I. Introduction. The political thooight of the present generation is still profoundly influenced by the great name of John Stuart Mill. There is the less likelihood of any immediate change in this attitude of respect, because we have in political activity among us, and may hope to have for years to come, some at least of those who drew their earliest civic breath in an intellectual atmosphere which Mill him- self had diffused. But Mill disliked many of the political ex- pedients which the present generation has come to contemplate with comparative equanimity. He criticised the ballot and dis- trusted equal suffrage. He greatly feared the tyranny of majorities, and doubted if reason and sound argument could always be relied upon to secure ultimate predominance in the political arena. So far, however, as the great philosopher carried his speculations they still remain the foundation of many of the soundest conceptions in political science, however variable may be the nature of the superstructure which different minds may erect upon their firm support. In other directions, where Mill seems to have had a mistaken, or at least an imperfect, opinion of the real tendency of the political phenomena which he saw around him, we, who have had the opportunity of studying them: on a larger scale, may, perhaps, venture to add an appendix to his conclusions, and even to offer the suggestion that the Representative Government which he described, dissected, and criticised, did but exhibit a stage in human progress destined in time tO' give place to a more advanced development, in the shape of self-government. We are con- cerned here, then, to consider what self-government, as distin- guished from representative government, is, and what are the con- ditions of its attainment and maintenance in efficiency—that is to say, what are the Essentials of Self-Government. The Meaning of Self-Govern nient- The development of the political organism has proceeded at an accelerated pace since Mill quitted this mortal scene, and into the movement there have entered, and will enter, agencies and INTRODUCTION. processes whose activity doubtless he foresaw, but the operation of which it Avould ihave been futile to discuss in detail in his day. Looking out over the political phenomena of our time and nation the question m.ay well be asked whether the hour has not come for a reaffirmation, in the light of the experience of the last thirty years, of Mill's basic principles, with the addition of other conclusions to which our rapidly evolving political experience has conducted us, or caused to loom upon the intellectual horizon. Mill's principles are now, to the utmost verge (given a complete suffrage), capable of continuous application by means of a popular control of representative institutions which shall not slacken for an instant, or ever release the movement of the central governing power from the effective supervision and mastery of those in whose interest it is allowed to possess its authority. Employed in this sense, Mill's principles are the stepping-stones from a lower to a higher form of political activity—from representative government, which involves periodic delegation of power, with only slight control in the intervening periods, to self-government, which rids us of the interregnum of greater or Jess irresponsibility, and enables the civic body almost instantaneously to check, control, guide, or dismiss the authority which is attempting to employ its dele- gated powers in a manner that does not commend itself to the national mdnd. That organism which is capable of the con- tinuous initiation, guidance, and co-ordination of its own actions stands on a much higher plane than that which is only able from time to time to choose some external intelligence to which the direction of its movements shall be entrusted. It is true that we have been accustomed to speak of representative government and self-government as being practically the same thing. Up to the point which our own political development has now attained this is, in effect, true. Representative government is the mode in w-hich in this country self-government acts, the manner of its manifestation. But it is not self-government, any more than the physical man is himself the life and the individuality which find in mind and muscle the more or less supple instruments of their operation. If we can imagine mind and muscle, in their highest and best development, freed from^ the restraints and vexations of physical inadequacy and terrestrial limitation, we may get some idea what is the difiference betweeen merely representative government, however highly developed, and the genuine self- government which transforms the citizens from a temporarily deliberative into a continuously controlling element of the civic organism. "Representative Government" Does Not Exist. Tested by Mill's own definition, our system does not even amount to true representative government; for, says the great ; INTRODUCTION. exponent of its nature and characteristics, " the meaning of repre- sentative government is, that the whole people, or some numerous portion of them, exercise, through deputies periodically elected by themselves, the ultimate controlling power which, in every constitution, must reside somewhere. They must be masters, whenever they please, of all the operations of government." Neither the people, in the widest sense of the word, nor the electors, are in these islands " masters whenever they please of all the operations of government," except in so far as they have the ultimate power to assert their mastery at any time by united physical force.