It is but a small portion of the public business of a country which can be well done or safely attempted by the central authorities; and even in our own government, the least centralized in Europe, the legislative portion at least of the governing body busies itself far too much with local affairs, employing the supreme power of the State in cutting small knots which there ought to be other and better means of untying. The enormous amount of private business which takes up the time of Parliament and the thoughts of its individual members, distracting them from the proper occupations of the great council of the nation, is felt by all thinkers and observers as a serious evil, and, what is worse, an increasing one.
It would not be appropriate to the limited design of this treatise to discuss at large the great question, in no way peculiar to representative government, of the proper limits of governmental action. I have said elsewhere [9] what seemed to me most essential respecting the principles by which the extent of that action ought to be determined. But after subtracting from the functions performed by most European governments those which ought not to be undertaken by public authorities at all, there still remains so great and various an aggregate of duties, that, if only on the principle of division of labor, it is indispensable to share them between central and local authorities. Not solely are separate executive officers required for purely local duties (an amount of separation which exists under all governments), but the popular control over those officers can only be advantageously exerted through a separate organ. Their original appointment, the function of watching and checking them, the duty of providing or the discretion of withholding the supplies necessary for their operations, should rest, not with the national Parliament or the national executive, but with the people of the locality. That the people should exercise these functions directly and personally is evidently inadmissable. Administration by the assembled people is a relic of barbarism opposed to the whole spirit of modern life; yet so much has the course of English institutions depended on accident, that this primitive mode of local government remained the general rule in parochial matters up to the present generation; and, having never been legally abolished, probably subsists unaltered in many rural parishes even now. There remains the plan of representative sub-Parliaments for local affairs, and these must henceforth be considered as one of the fundamental institutions of a free government. They exist in England but very incompletely, and with great irregularity and want of system; in some other countries much less popularly governed, their constitution is far more rational. In England there has always been more liberty but worse organization, while in other countries there is better organization but less liberty. It is necessary, then, that, in addition to the national representation, there should be municipal and provisional representations; and the two questions which remain to be resolved are, how the local representative bodies should be constituted, and what should be the extent of their functions.
In considering these questions, two points require an equal degree of our attention: how the local business itself can be best done, and how its transaction can be made most instrumental to the nourishment of public spirit and the development of intelligence. In an earlier part of this inquiry I have dwelt in strong language—hardly any language is strong enough to express the strength of my conviction—on the importance of that portion of the operation of free institutions which may be called the public education of the citizens. Now of this operation the local administrative institutions are the chief instrument. Except by the part they may take as jurymen in the administration of justice, the mass of the population have very little opportunity of sharing personally in the conduct of the general affairs of the community. Reading newspapers, and perhaps writing to them, public meetings, and solicitations of different sorts addressed to the political authorities, are the extent of the participation of private citizens in general politics during the interval between one Parliamentary election and another. Though it is impossible to exaggerate the importance of these various liberties, both as securities for freedom and as means of general cultivation, the practice which they give is more in thinking than in action, and in thinking without the responsibilities of action, which with most people amounts to little more than passively receiving the thoughts of some one else. But in the case of local bodies, besides the function of electing, many citizens in turn have the chance of being elected, and many, either by selection or by rotation, fill one or other of the numerous local executive offices. In these positions they have to act for public interests, as well as to think and to speak, and the thinking can not all be done by proxy. It may be added that these local functions, not being in general sought by the higher ranks, carry down the important political education which they are the means of conferring to a much lower grade in society. The mental discipline being thus a more important feature in local concerns than in the general affairs of the state, while there are not such vital interests dependent on the quality of the administration, a greater weight may be given to the former consideration, and the latter admits much more frequently of being postponed to it than in matters of general legislation and the conduct of imperial affairs.
The proper constitution of local representative bodies does not present much difficulty. The principles which apply to it do not differ in any respect from those applicable to the national representation. The same obligation exists, as in the case of the more important function, for making the bodies elective; and the same reasons operate as in that case, but with still greater force, for giving them a widely democratic basis; the dangers being less, and the advantages, in point of popular education and cultivation, in some respects even greater. As the principal duty of the local bodies consists of the imposition and expenditure of local taxation, the electoral franchise should vest in all who contribute to the local rates, to the exclusion of all who do not. I assume that there is no indirect taxation, no octroi duties, or that, if there are, they are supplementary only, those on whom their burden falls being also rated to a direct assessment. The representation of minorities should be provided for in the same manner as in the national Parliament, and there are the same strong reasons for plurality of votes; only there is not so decisive an objection, in the inferior as in the higher body, to making the plural voting depend (as in some of the local elections of our own country) on a mere money qualification; for the honest and frugal dispensation of money forms so much larger a part of the business of the local than of the national body, that there is more justice as well as policy in allowing a greater proportional influence to those who have a larger money interest at stake.
In the most recently established of our local representative institutions, the Boards of Guardians, the justices of peace of the district sit ex officio along with the elected members, in number limited by law to a third of the whole. In the peculiar constitution of English society, I have no doubt of the beneficial effect of this provision. It secures the presence in these bodies of a more educated class than it would perhaps be practicable to attract thither on any other terms; and while the limitation in number of the ex officio members precludes them from acquiring predominance by mere numerical strength, they, as a virtual representation of another class, having sometimes a different interest from the rest, are a check upon the class interests of the farmers or petty shopkeepers who form the bulk of the elected guardians. A similar commendation can not be given to the constitution of the only provincial boards we possess, the Quarter Sessions, consisting of the justices of peace alone, on whom, over and above their judicial duties, some of the most important parts of the administrative business of the country depend for their performance. The mode of formation of these bodies is most anomalous, they being neither elected, nor, in any proper sense of the term, nominated, but holding their important functions, like the feudal lords to whom they succeeded, virtually by right of their acres; the appointment vested in the crown (or, speaking practically, in one of themselves, the lord lieutenant) being made use of only as a means of excluding any one who it is thought would do discredit to the body, or, now and then, one who is on the wrong side in politics. The institution is the most aristocratic in principle which now remains in England; far more so than the House of Lords, for it grants public money and disposes of important public interests, not in conjunction with a popular assembly, but alone. It is clung to with proportionate tenacity by our aristocratic classes, but is obviously at variance with all the principles which are the foundation of representative government. In a County Board there is not the same justification as in Boards of Guardians for even an admixture of ex officio with elected members, since the business of a county being on a sufficiently large scale to be an object of interest and attraction to country gentlemen, they would have no more difficulty in getting themselves elected to the Board than they have in being returned to Parliament as county members.
In regard to the proper circumscription of the constituencies which elect the local representative bodies, the principle which, when applied as an exclusive and unbending rule to Parliamentary representation, is inappropriate, namely community of local interests, is here the only just and applicable one. The very object of having a local representation is in order that those who have any interest in common which they do not share with the general body of their countrymen may manage that joint interest by themselves, and the purpose is contradicted if the distribution of the local representation follows any other rule than the grouping of those joint interests. There are local interests peculiar to every town, whether great or small, and common to all its inhabitants; every town, therefore, without distinction of size, ought to have its municipal council. It is equally obvious that every town ought to have but one. The different quarters of the same town have seldom or never any material diversities of local interest; they all require to have the same things done, the same expenses incurred; and, except as to their churches, which it is probably desirable to leave under simply parochial management, the same arrangements may be made to serve for all. Paving, lighting, water supply, drainage, port and market regulations, can not, without great waste and inconvenience, be different for different quarters of the same town. The subdivision of London into six or seven independent districts, each with its separate arrangements for local business (several of them without unity of administration even within themselves), prevents the possibility of consecutive or well-regulated co-operation for common objects, precludes any uniform principle for the discharge of local duties, compels the general government to take things upon itself which would be best left to local authorities if there were any whose authority extended to the entire metropolis, and answers no purpose but to keep up the fantastical trappings of that union of modern jobbing and antiquated foppery, the Corporation of the City of London.
Another equally important principle is, that in each local circumscription there should be but one elective body for all local business, not different bodies for different parts of it. Division of labor does not mean cutting up every business into minute fractions; it means the union of such operations as are fit to be performed by the same persons, and the separation of such as can be better performed by different persons. The executive duties of the locality do indeed require to be divided into departments for the same reason as those of the state—because they are of divers kinds, each requiring knowledge peculiar to itself, and needing, for its due performance, the undivided attention of a specially qualified functionary. But the reasons for subdivision which apply to the execution do not apply to the control. The business of the elective body is not to do the work, but to see that it is properly done, and that nothing necessary is left undone. This function can be fulfilled for all departments by the same superintending body, and by a collective and comprehensive far better than by a minute and microscopic view. It is as absurd in public affairs as it would be in private, that every workman should be looked after by a superintendent to himself. The government of the crown consists of many departments, and there are many ministers to conduct them, but those ministers have not a Parliament apiece to keep them to their duty. The local, like the national Parliament, has for its proper business to consider the interest of the locality as a whole, composed of parts all of which must be adapted to one another, and attended to in the order and ratio of their importance. There is another very weighty reason for uniting the control of all the business of a locality under one body. The greatest imperfection of popular local institutions, and the chief cause of the failure which so often attends them, is the low calibre of the men by whom they are almost always carried on. That these should be of a very miscellaneous character is, indeed, part of the usefulness of the institution; it is that circumstance chiefly which renders it a school of political capacity and general intelligence. But a school supposes teachers as well as scholars: the utility of the instruction greatly depends on its bringing inferior minds into contact with superior, a contact which in the ordinary course of life is altogether exceptional, and the want of which contributes more than any thing else to keep the generality of mankind on one level of contented ignorance. The school, moreover, is worthless, and a school of evil instead of good, if, through the want of due surveillance, and of the presence within itself of a higher order of characters, the action of the body is allowed, as it so often is, to degenerate into an equally unscrupulous and stupid pursuit of the self-interest of its members. Now it is quite hopeless to induce persons of a high class, either socially or intellectually, to take a share of local administration in a corner by piecemeal, as members of a Paving Board or a Drainage Commission. The entire local business of their town is not more than a sufficient object to induce men whose tastes incline them, and whose knowledge qualifies them for national affairs, to become members of a mere local body, and devote to it the time and study which are necessary to render their presence any thing more than a screen for the jobbing of inferior persons, under the shelter of their responsibility. A mere Board of Works, though it comprehend the entire metropolis, is sure to be composed of the same class of persons as the vestries of the London parishes; nor is it practicable, or even desirable, that such should not form the majority; but it is important for every purpose which local bodies are designed to serve, whether it be the enlightened and honest performance of their special duties, or the cultivation of the political intelligence of the nation, that every such body should contain a portion of the very best minds of the locality, who are thus brought into perpetual contact, of the most useful kind, with minds of a lower grade, receiving from them what local or professional knowledge they have to give, and, in return, inspiring them with a portion of their own more enlarged ideas, and higher and more enlightened purposes.
A mere village has no claim to a municipal representation. By a village I mean a place whose inhabitants are not markedly distinguished by occupation or social relations from those of the rural districts adjoining, and for whose local wants the arrangements made for the surrounding territory will suffice. Such small places have rarely a sufficient public to furnish a tolerable municipal council: if they contain any talent or knowledge applicable to public business, it is apt to be all concentrated in some one man, who thereby becomes the dominator of the place. It is better that such places should be merged in a larger circumscription. The local representation of rural districts will naturally be determined by geographical considerations, with due regard to those sympathies of feeling by which human beings are so much aided to act in concert, and which partly follow historical boundaries, such as those of counties or provinces, and partly community of interest and occupation, as in agriculture, maritime, manufacturing, or mining districts. Different kinds of local business require different areas of representation. The Unions of parishes have been fixed on as the most appropriate basis for the representative bodies which superintend the relief of indigence; while, for the proper regulation of highways, or prisons, or police, a large extent, like that of an average county, is not more than sufficient. In these large districts, therefore, the maxim, that an elective body constituted in any locality should have authority over all the local concerns common to the locality, requires modification from another principle, as well as from the competing consideration of the importance of obtaining for the discharge of the local duties the highest qualifications possible. For example, if it be necessary (as I believe it to be) for the proper administration of the poor-laws that the area of rating should not be more extensive than most of the present Unions, a principle which requires a Board of Guardians for each Union, yet, as a much more highly qualified class of persons is likely to be obtainable for a County Board than those who compose an average Board of Guardians, it may, on that ground, be expedient to reserve for the County Boards some higher descriptions of local business, which might otherwise have been conveniently managed within itself by each separate Union.
Besides the controlling council or local sub-Parliament, local business has its executive department. With respect to this, the same questions arise as with respect to the executive authorities in the state, and they may, for the most part, be answered in the same manner. The principles applicable to all public trusts are in substance the same. In the first place, each executive officer should be single, and singly responsible for the whole of the duty committed to his charge. In the next place, he should be nominated, not elected. It is ridiculous that a surveyor, or a health officer, or even a collector of rates should be appointed by popular suffrage. The popular choice usually depends on interest with a few local leaders, who, as they are not supposed to make the appointment, are not responsible for it; or on an appeal to sympathy, founded on having twelve children, and having been a rate-payer in the parish for thirty years. If, in cases of this description, election by the population is a farce, appointment by the local representative body is little less objectionable. Such bodies have a perpetual tendency to become joint-stock associations for carrying into effect the private jobs of their various members. Appointments should be made on the individual responsibility of the chairman of the body, let him be called mayor, chairman of Quarter Sessions, or by whatever other title. He occupies in the locality a position analogous to that of the prime minister in the state, and under a well organized system the appointment and watching of the local officers would be the most important part of his duty; he himself being appointed by the council from its own number, subject either to annual re-election, or to removal by a vote of the body.
From the constitution of the local bodies, I now pass to the equally important and more difficult subject of their proper attributions. This question divides itself into two parts: what should be their duties, and whether they should have full authority within the sphere of those duties, or should be liable to any, and what, interference on the part of the central government.
It is obvious, to begin with, that all business purely local—all which concerns only a single locality—should devolve upon the local authorities. The paving, lighting, and cleansing of the streets of a town, and, in ordinary circumstances, the draining of its houses, are of little consequence to any but its inhabitants. The nation at large is interested in them in no other way than that in which it is interested in the private well-being of all its individual citizens. But among the duties classed as local, or performed by local functionaries, there are many which might with equal propriety be termed national, being the share belonging to the locality of some branch of the public administration in the efficiency of which the whole nation is alike interested: the jails, for instance, most of which in this country are under county management; the local police; the local administration of justice, much of which, especially in corporate towns, is performed by officers elected by the locality, and paid from local funds. None of these can be said to be matters of local, as distinguished from national importance. It would not be a matter personally indifferent to the rest of the country if any part of it became a nest of robbers or a focus of demoralization, owing to the maladministration of its police; or if, through the bad regulations of its jail, the punishment which the courts of justice intended to inflict on the criminals confined therein (who might have come from, or committed their offenses in, any other district) might be doubled in intensity or lowered to practical impunity. The points, moreover, which constitute good management of these things are the same every where; there is no good reason why police, or jails, or the administration of justice should be differently managed in one part of the kingdom and in another, while there is great peril that in things so important, and to which the most instructed minds available to the state are not more than adequate, the lower average of capacities which alone can be counted on for the service of the localities might commit errors of such magnitude as to be a serious blot upon the general administration of the country. Security of person and property, and equal justice between individuals, are the first needs of society and the primary ends of government: if these things can be left to any responsibility below the highest, there is nothing except war and treaties which requires a general government at all. Whatever are the best arrangements for securing these primary objects should be made universally obligatory, and, to secure their enforcement, should be placed under central superintendence. It is often useful, and with the institutions of our own country even necessary, from the scarcity, in the localities, of officers representing the general government, that the execution of duties imposed by the central authority should be intrusted to functionaries appointed for local purposes by the locality. But experience is daily forcing upon the public a conviction of the necessity of having at least inspectors appointed by the general government to see that the local officers do their duty. If prisons are under local management, the central government appoints inspectors of prisons, to take care that the rules laid down by Parliament are observed, and to suggest others if the state of the jails shows them to be requisite, as there are inspectors of factories and inspectors of schools, to watch over the observance of the Acts of Parliament relating to the first, and the fulfillment of the conditions on which state assistance is granted to the latter.
But if the administration of justice, police and jails included, is both so universal a concern, and so much a matter of general science, independent of local peculiarities, that it may be, and ought to be, uniformly regulated throughout the country, and its regulation enforced by more trained and skillful hands than those of purely local authorities, there is also business, such as the administration of the poor-laws, sanitary regulation, and others, which, while really interesting to the whole country, can not, consistently with the very purposes of local administration, be managed otherwise than by the localities. In regard to such duties, the question arises how far the local authorities ought to be trusted with discretionary power, free from any superintendence or control of the state.
To decide this question, it is essential to consider what is the comparative position of the central and the local authorities as capacity for the work, and security against negligence or abuse. In the first place, the local representative bodies and their officers are almost certain to be of a much lower grade of intelligence and knowledge than Parliament and the national executive. Secondly, besides being themselves of inferior qualifications, they are watched by, and accountable to an inferior public opinion. The public under whose eyes they act, and by whom they are criticized, is both more limited in extent and generally far less enlightened than that which surrounds and admonishes the highest authorities at the capital, while the comparative smallness of the interests involved causes even that inferior public to direct its thoughts to the subject less intently and with less solicitude. Far less interference is exercised by the press and by public discussion, and that which is exercised may with much more impunity be disregarded in the proceedings of local than in those of national authorities. Thus far, the advantage seems wholly on the side of management by the central government; but, when we look more closely, these motives of preference are found to be balanced by others fully as substantial. If the local authorities and public are inferior to the central ones in knowledge of the principles of administration, they have the compensatory advantage of a far more direct interest in the result. A man's neighbors or his landlord may be much cleverer than himself, and not without an indirect interest in his prosperity, but, for all that, his interests will be better attended to in his own keeping than in theirs. It is further to be remembered that, even supposing the central government to administer through its own officers, its officers do not act at the centre, but in the locality; and however inferior the local public may be to the central, it is the local public alone which has any opportunity of watching them, and it is the local opinion alone which either acts directly upon their own conduct, or calls the attention of the government to the points in which they may require correction. It is but in extreme cases that the general opinion of the country is brought to bear at all upon details of local administration, and still more rarely has it the means of deciding upon them with any just appreciation of the case. Now the local opinion necessarily acts far more forcibly upon purely local administrators. They, in the natural course of things, are permanent residents, not expecting to be withdrawn from the place when they cease to exercise authority in it; and their authority itself depends, by supposition, on the will of the local public. I need not dwell on the deficiencies of the central authority in detailed knowledge of local persons and things, and the too great engrossment of its time and thoughts by other concerns to admit of its acquiring the quantity and quality of local knowledge necessary even for deciding on complaints, and enforcing responsibility from so great a number of local agents. In the details of management, therefore, the local bodies will generally have the advantage, but in comprehension of the principles even of purely local management, the superiority of the central government, when rightly constituted, ought to be prodigious, not only by reason of the probably great personal superiority of the individuals composing it, and the multitude of thinkers and writers who are at all times engaged in pressing useful ideas upon their notice, but also because the knowledge and experience of any local authority is but local knowledge and experience, confined to their own part of the country and its modes of management, whereas the central government has the means of knowing all that is to be learned from the united experience of the whole kingdom, with the addition of easy access to that of foreign countries.
The practical conclusion from these premises is not difficult to draw. The authority which is most conversant with principles should be supreme over principles, while that which is most competent in details should have the details left to it. The principal business of the central authority should be to give instruction, of the local authority to apply it. Power may be localized, but knowledge, to be most useful, must be centralized; there must be somewhere a focus at which all its scattered rays are collected, that the broken and colored lights which exist elsewhere may find there what is necessary to complete and purify them. To every branch of local administration which affects the general interest there should be a corresponding central organ, either a minister, or some specially appointed functionary under him, even if that functionary does no more than collect information from all quarters, and bring the experience acquired in one locality to the knowledge of another where it is wanted. But there is also something more than this for the central authority to do. It ought to keep open a perpetual communication with the localities—informing itself by their experience, and them by its own; giving advice freely when asked, volunteering it when seen to be required; compelling publicity and recordation of proceedings, and enforcing obedience to every general law which the Legislature has laid down on the subject of local management. That some such laws ought to be laid down few are likely to deny. The localities may be allowed to mismanage their own interests, but not to prejudice those of others, nor violate those principles of justice between one person and another of which it is the duty of the state to maintain the rigid observance. If the local majority attempts to oppress the minority, or one class another, the state is bound to interpose. For example, all local rates ought to be voted exclusively by the local representative body; but that body, though elected solely by rate-payers, may raise its revenues by imposts of such a kind, or assess them in such a manner, as to throw an unjust share of the burden on the poor, the rich, or some particular class of the population: it is the duty, therefore, of the Legislature, while leaving the mere amount of the local taxes to the discretion of the local body, to lay down authoritatively the mode of taxation and rules of assessment which alone the localities shall be permitted to use. Again, in the administration of public charity, the industry and morality of the whole laboring population depends, to a most serious extent, upon adherence to certain fixed principles in awarding relief. Though it belongs essentially to the local functionaries to determine who, according to those principles, is entitled to be relieved, the national Parliament is the proper authority to prescribe the principles themselves; and it would neglect a most important part of its duty if it did not, in a matter of such grave national concern, lay down imperative rules, and make effectual provision that those rules should not be departed from. What power of actual interference with the local administrators it may be necessary to retain, for the due enforcement of the laws, is a question of detail into which it would be useless to enter. The laws themselves will naturally define the penalties, and fix the mode of their enforcement. It may be requisite, to meet extreme cases, that the power of the central authority should extend to dissolving the local representative council or dismissing the local executive, but not to making new appointments or suspending the local institutions. Where Parliament has not interfered, neither ought any branch of the executive to interfere with authority; but as an adviser and critic, an enforcer of the laws, and a denouncer to Parliament or the local constituencies of conduct which it deems condemnable, the functions of the executive are of the greatest possible value.
Some may think that, however much the central authority surpasses the local in knowledge of the principles of administration, the great object which has been so much insisted on, the social and political education of the citizens, requires that they should be left to manage these matters by their own, however imperfect lights. To this it might be answered that the education of the citizens is not the only thing to be considered; government and administration do not exist for that alone, great as its importance is. But the objection shows a very imperfect understanding of the function of popular institutions as a means of political instruction. It is but a poor education that associates ignorance with ignorance, and leaves them, if they care for knowledge, to grope their way to it without help, and to do without it if they do not. What is wanted is the means of making ignorance aware of itself, and able to profit by knowledge; accustoming minds which know only routine to act upon, and feel the value of principles; teaching them to compare different modes of action, and learn, by the use of their reason, to distinguish the best. When we desire to have a good school, we do not eliminate the teacher. The old remark, "As the schoolmaster is, so will be the school," is as true of the indirect schooling of grown people by public business as of the schooling of youth in academies and colleges. A government which attempts to do every thing is aptly compared by M. Charles de Rémusat to a schoolmaster who does all the pupils' tasks for them; he may be very popular with the pupils, but he will teach them little. A government, on the other hand, which neither does any thing itself that can possibly be done by any one else, nor shows any one else how to do any thing, is like a school in which there is no schoolmaster, but only pupil-teachers who have never themselves been taught.
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