Thus democratic theory, starting from its fine vision of ultimate human dignity, was forced by lack of the instruments of knowledge for reporting its environment, to fall back upon the wisdom and experience which happened to have accumulated in the voter. God had, in the words of Jefferson, made men's breasts "His peculiar deposit for substantial and genuine virtue." These chosen people in their self-contained environment had all the facts before them. The environment was so familiar that one could take it for granted that men were talking about substantially the same things. The only real disagreements, therefore, would be in judgments about the same facts. There was no need to guarantee the sources of information. They were obvious, and equally accessible to all men. Nor was there need to trouble about the ultimate criteria. In the selfcontained community one could assume, or at least did assume, a homogeneous code of morals. The only place, therefore, for differences of opinion was in the logical application of accepted standards to accepted facts. And since the reasoning faculty was also well standardized, an error in reasoning would be quickly exposed in a free discussion. It followed that truth could be obtained by liberty within these limits. The community could take its supply of information for granted; its codes it passed on through school, church, and family, and the power to draw deductions from a premise, rather than the ability to find the premise, was regarded as the chief end of intellectual training.

CHAPTER XVIII

THE ROLE OF FORCE, PATRONAGE AND

PRIVILEGE

I

"It has happened as was to have been foreseen," wrote Hamilton,1 "the measures of the Union have not been executed; the delinquencies of the States have, step by step, matured themselves to an extreme which has at length arrested all the wheels of the national government and brought them to an awful stand." For "in our case the concurrence of thirteen distinct sovereign wills is requisite, under the confederation, to the complete execution of every important measure that proceeds from the Union." How could it be otherwise, he asked: "The rulers of the respective members . . . will undertake to judge of the propriety of the measures themselves. They will consider the conformity of the thing proposed or required to their immediate interests or aims; the momentary conveniences or inconveniences that would attend its adoption. All this will be done, and in a spirit of interested and suspicious scrutiny, without that knowledge of national circumstances and reasons of state which is essential to right judgment, and with that strong

predilection in favor of local objects which can hardly fail to mislead the decision. The same process must be repeated in every member of which the body is constituted; and the execution of the plans framed by the councils of the whole, will always fluctuate on the discretion of the ill-informed and prejudiced opinion of every part. Those who have been conversant in the proceedings of popular assemblies, who have seen how difficult it often is, when there is no exterior pressure of circumstances, to bring them to harmonious resolutions on important points, will readily conceive how impossible it must be to induce a number of such assemblies, deliberating at a distance from each other, at different times, and under different impressions, long to coöperate in the same views and pursuits."

Over ten years of storm and stress with a congress that was, as John Adams said, "only a diplomatic assembly," had furnished the leaders of the revoluion "with an instructive but afflicting lesson" 2 in what happens when a number of self-centered communities are entangled in the same environment. And so, when they went to Philadelphia in May of 1787, ostensibly to revise the Articles of Confederation, they were really in full reaction against the fundamental premise of Eighteenth Century democracy. Not only were the leaders consciously opposed to the democratic spirit of the time, feeling, as Madison said, that "democracies have ever been spectacles of turbulence and contention," but within the national frontiers they were determined to offset 1 Ford, op. cit., p. 36. 2 Federalist, No. 15.

as far as they could the ideal of self-governing communities in self-contained environments. The collisions and failures of concave democracy, where men spontaneously managed all their own affairs, were before their eyes. The problem as they saw it, was to restore government as against democracy. They understood government to be the power to make national decisions and enforce them throughout the nation; democracy they believed was the insistence of localities and classes upon self-determination in accordance with their immediate interests and aims.

They could not consider in their calculations the possibility of such an organization of knowledge that separate communities would act simultaneously on the same version of the facts. We just begin to conceive this possibility for certain parts of the world where there is free circulation of news and a common language, and then only for certain aspects of life. The whole idea of a voluntary federalism in industry and world politics is still so rudimentary, that, as we see in our own experience, it enters only a little, and only very modestly, into practical politics. What we, more than a century later, can only conceive as an incentive to generations of intellectual effort, the authors of the Constitution had no reason to conceive at all. In order to set up national government, Hamilton and his colleagues had to make plans, not on the theory that men would coöperate because they had a sense of common interest, but on the theory that men could be governed, if special interests were kept in

equilibrium by a balance of power. "Ambition," Madison said,1 1 C must be made to counteract am

bition."

They did not, as some writers have supposed, intend to balance every interest so that the government would be in a perpetual deadlock. They intended to deadlock local and class interest to prevent these from obstructing government. "In framing a government which is to be administered by men over men," wrote Madison," "the great difficulty lies in this: you must first enable the government to control the governed, and in the next place, oblige it to control itself." In one very important sense, then, the doctrine of checks and balances was the remedy of the federalist leaders for the problem of public opinion. They saw no other way to substitute "the mild influence of the magistracy" for the "sanguinary agency of the sword" 3 except by devising an ingenious machine to neutralize local opinion. They did not understand how to manipulate a large electorate, any more than they saw the possibility of.common consent upon the basis of common information. It is true that Aaron Burr taught Hamilton a lesson which impressed him a good deal when he seized control of New York City in 1800 by the aid of Tammany Hall. But Hamilton was killed before he was able to take account of this new discovery, and, as Mr. Ford says, Burr's pistol blew the brains out of the Federal party.

1 Federalist, No. 51, cited by Ford, op. cit., p. 60. 2 Id.

Federalist, No. 15.

Ford, op. cit., p. 119.