But there is one obvious difference between the governors and the governed. In the action of the former there is an assertion of authority--an underlying assumption of a power to improve matters by regulating them. In the governed there is no such assumption of moral superiority; the governed are there whether they like it or no; and the laws which condition their lives are laid upon them by a power beyond themselves, even when--under a representative system--they have secured some minute voice in regard to their shaping. The governors, therefore, by their assumption of an ability to improve matters, are in a fiduciary position to the rest of the community--the _onus probandi_ of their beneficence rests upon them and not upon the people. It is their duty to pacify the governed; it is not the duty of the governed to pacify them; and if they fail in the work of pacification, which is their main _raison d’être_, they, and not the community, have to meet the charge of functional incompetence. Government is a function; being governed is not a function. Humanity in all stages of civilization or of savagery has fallen subject to government without being asked to show any certificate of its fitness to be governed. It is therefore, the governors who have to prove themselves fit--not the governed; and if a penal code be found, or declared, necessary to enable the governors to secure peace and order, then (if your system be just and equal) the penal code should be applicable in at least equal severity to the governors who impose it, when instead of producing contentment, it produces unrest and disorder. Liability to impeachment and condemnation under laws of an equal stringency would be, I think, a very wholesome corrective to the legislative action of M.P.’s voting coercive measures which only result in failure. I fancy that under such conditions there would have been, for instance, a far smaller majority for the “Cat and Mouse Act,” the futility of which soon became so ridiculously apparent. Imprisonment with compulsory starvation, followed by release upon a medical certificate, and then by a fresh term of imprisonment would have been a most enlightening form of vacation for certain members of Parliament. And until we have secured in this country a much more equal adjustment of the relations between governors and governed, some such corrective for vindictive legislation is certainly needed.