The History of Freedom, and Other EssaysActon, John Emerich Edward Dalberg Acton, Baron
Philosophy
The History of Freedom, and Other Essays
Acton, John Emerich Edward Dalberg Acton, Baron
History; History -- Philosophy; Liberty -- History
The constitution of 1795, the work of a learned priest, confined the
franchise to those who should know how to read and write; and in 1849
this provision was rejected by men who intended that the ignorant voter
should help them to overturn the Republic. In our time no democracy
could long subsist without educating the masses; and the scheme of
Daunou is simply an indirect encouragement to elementary instruction.
In 1799 Sieyes suggested to Bonaparte the idea of a great Council, whose
function it should be to keep the acts of the Legislature in harmony
with the constitution--a function which the _Nomophylakes_ discharged at
Athens, and the Supreme Court in the United States, and which produced
the Senat Conservateur, one of the favourite implements of Imperialism.
Sieyes meant that his Council should also serve the purpose of a gilded
ostracism, having power to absorb any obnoxious politician, and to
silence him with a thousand a year.
Napoleon the Third's plan of depriving unmarried men of their votes
would have disfranchised the two greatest Conservative classes in
France, the priest and the soldier.
In the American constitution it was intended that the chief of the
executive should be chosen by a body of carefully selected electors. But
since, in 1825, the popular candidate succumbed to one who had only a
minority of votes, it has become the practice to elect the President by
the pledged delegates of universal suffrage.
The exclusion of ministers from Congress has been one of the severest
strains on the American system; and the law which required a majority of
three to one enabled Louis Napoleon to make himself Emperor. Large
constituencies make independent deputies; but experience proves that
small assemblies, the consequence of large constituencies, can be
managed by Government.
The composite vote and the cumulative vote have been almost universally
rejected as schemes for baffling the majority. But the principle of
dividing the representatives equally between population and property has
never had fair play. It was introduced by Thouret into the constitution
of 1791. The Revolution made it inoperative; and it was so manipulated
from 1817 to 1848 by the fatal dexterity of Guizot as to make opinion
ripe for universal suffrage.
Constitutions which forbid the payment of deputies and the system of
imperative instructions, which deny the power of dissolution, and make
the Legislature last for a fixed term, or renew it by partial
re-elections, and which require an interval between the several debates
on the same measure, evidently strengthen the independence of the
representative assembly. The Swiss veto has the same effect, as it
suspends legislation only when opposed by a majority of the whole
electoral body, not by a majority of those who actually vote upon it.
Public-domain text, read in full here on John Shaqi.
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