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1260 THE LEADER. [Saturday,
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CONSTITUTIONAL REFORM. The new number of...
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THE LAST BEQUEST OF THE CIVIL SERVANTS. ...
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Radowitz And Prussia's Third Opportunity...
prepared for him by many measures of internal reform , and especially by two . Hardenberg ' s emancipation of the land and the peasants had conciliated the affections of the multitude to the throne , and-consolidated the internal strength of Prussia . And the military organisation of the country , which renders the people and the army nearly one , also furnished that political system which , under the hands of a strong popular Government constitutes the most powerful form of national strength . The Zollverein had already drawn round Prussia many of the minor states . Liberals in other states of Germany also regarded Frederick William as a man who would be prepared to introduce amongst them , if not democra
tic principles , at all events some such regulated freedom as that which had been familiarized to him Iby his visits to England . We are inclined to suppose that Frederick William would gladly have been . the great constitutional leader of Germany , but his intellect , courage , and will were not strong enough for the place : his hands could not find the heart to relinquish their hold on familiar prerogatives , and after illusory love-letters to his " beloved Berliners , " his cowardice took the common form of cruelty ; he cannonaded the Berliners for their too demonstrative sense of their own political existence , interrupted his own . Parliament in its constitutional work , and broke with the revolution which he might have directed . The first opportunity was gone .
Another was offered . In the little state of Hesse-Cassel , an impotent Prince , literally backed by only one single individual , attempted the most impudent revolution which despotism ever sanctioned . He broke the constitution which Hesse-Cassel had enjoyed . The entire nation—the chambers , the judges , the upper classes , and the lower—the whole population unanimously appealed from the revolutionary King and his Minister , Hassenpflug , to the constitution and to the law . The Prince and his Minister fled . Austria advauced with an army to reinstate those two agitators : Prussia advanced on the other side to support the constitution . The armies of Prussia and Austria met—shots were exchanged—Prussia
compromised—the Prince was re-enthroned—the constitution was crushed . On that small ground of Hesse-Cassel , Prussia might have fought the battle of Constitutional law against Absolute lawlessness , and the King might once more have been recognised as the true leader of the German people . But the second opportunity was lost . The third now offers itself . By the accidents of Ilusso-Turkish disputation in the East , coupled with the common European sense that Russia has overstrained her insolence , to say nothing of the circumstances which raised questions between
Austria and other thrones and their peoples , there is every prospect that the whole of Europe will once more be cast loose for the strongest to take the government . Who shall be the strongest ? The answer of that question would be the prediction of the victory in that war , of the rulers that will remain after the storm . Prussia may be one of those rulers . This time , at all events , nations which were laggard before ¦— England most especially—now perceive that the contest which was raging between
Absolutism and Democracy must bo . resumed for universal revolution or universal tyranny , unless constitutional l ; uv can assert its presence in the field , and can reduce the other two extremes to submission . France , strangely as she is situated internally , unites with England to combat the jjjreat bravo of lawless despotism . Europe therefore is taking sides , and Prussia is asked on which aide she will stand . The question is important for Europe , but still inoro important for Prussia . The King might now recover bin good name nnd the credit lie once had . In the interval since
the lost opportunities of ' 48 and \ 0 O , Austria has developed her attempts to league Southern Germany against Prussia . Austria has also proved how little sympathy nlie has with Germany at Jill , and how precarious is her own hold on that heterogeneous empire , which she will be unable to keep from disruption . should her armies bo employed about other work . Austria is at ; once a rival whom Prussia might rejoice to be rid of , and an antagonist whom it would be easy to crush . Should Kin « r Frederick William discern the
true bearing of the alliance with the Western Powers , ho would , ipso facto , become , throughout all German ground stronger than Austria , the non-Gemum power of Germany ; he would become , ipso facto , the leading sovereign in that
federation . The opportunity is offered to him to take his place as the constitutional leader of Germany without compromising himself in relations with any Uncle John of Austria , or trafficking with democratic transactions . It is strange that Russia's opportunity should open just as she loses Frederick William ' s old equerry in the path of reform . But though we must regret that faithful , if doubtful leader , we may console ourselves with the reflection , that perhaps the statesman who had grown stiff in old fashions of statesmanship anterior to ' 48 and ' 50 , might not be the best of guides in the troubled path of' 54 .
1260 The Leader. [Saturday,
1260 THE LEADER . [ Saturday ,
Constitutional Reform. The New Number Of...
CONSTITUTIONAL REFORM . The new number of the Westminster Review , published this day , contains a valuable contribution to the discussion of ' a * .. ' subject which has hitherto been consigned to the melancholy lucubrations of doctrinaires in theory and boroughmongers in practice . When we have briefly indicated the scope and substance of the paper to which we desire to call the serious attention of our readers , it will , we think , be allowed , whatever opinions may be formed of the writer ' s conclusions , that his treatment of the subject is at once broad and practical , comprehensive and direct ; his principles generous and positive , and his point of view large and statesmanlike . We reserve our
own criticism of details , while we present such an abstract of the article as may facilitate to the general reader that attentive consideration which its substantial merits , no less than the time and place of its appearance , appear to demand . The writer , after adverting to the causes of the quietness with which the question of reform is now approached , notices the distrust of the working classes which still haunts those above them . Taking this distrust , however , as a fact which can only be gradually got rid of , he proceeds to discuss the question with the fact taken into account . First , however , he ai'gues that the question ought not to be postponed ; for that we are in more favourable circumstances for its discussion
than the inevitable periodic crises of our commercial system are likely to permit for a long time to come . Of these crises a theory is given in a note on principles we cannot now stay to discuss , but which may justly claim most careful attention . ' Next are considered the several principles or devices on which proposals for reform have been made to rest ;—" representation co-extensive with direct taxation , " household suffrage , property qualification in general , and the natural equality of men . The practical difficulties attending the
latter basis are admitted , while the truth of the principle itself is maintained , and its place in the theory of reform pointed out . The -qualities a Government must have in order to be strong and stable are next considered , and then a question is propounded on the answer to which nearly all the details of reform depend , viz . —Is representation to be that of classes or persons ? If of classes or interests , then inequalities in relation to numbers are no blemish ; if of persons or rights , then inequalities are injustice . But then , pursues the writer , this again depends on the general purpose
of our legislation . If it is a simple defence of rights , and is to be of a nature to apply to all men alike , and impartially , then the representation ought to be that of persons ; and this , it is asserted , it ought eventually to become . But ours is now a legislation in a great degree for interests , and as long as it remains so we shall have , by the force of circumstances , an unequal and confused representation of classes . This kind of representation , as well the principles on which it rests , are rejected us final bases ; while , however , the practical necessity of bearing with them for the present , is admitted .
Hut if classes are to be represented , wo ought , it is ' urged , to admit not only the wealthy but the poor , who are now scarcely represented at all ; and we ought to admit them not merely aa voters , when they may be swamped by superior numbers or intimidation , but by means of boroughs specially selected , so as to afford them members capable of speaking in their own sense . Twenty or thirty " working men ' s boroughs , enfranchised by universal suffrage , " , like the Tower Hamlets , too large for them to work , nor , like Stamford , overridden by a ninglo landlord , are the menus by which it is suggested they may be admitted to a voice in the Legislature , at once effective for good to all classes , and calculated to give no alarm to any .
While the ballot is rejected as an ineffectual defence to-the voter , it is proposed to repeal all laws against bribery , on the ground that laws which have evidently but little public sentiment to support them , and have failed for so many generations , are clearly useless , - while probably they prevent the growth of the public sentiment -which could , alone suppress the practice . We could afford to spare a useless law , and had better
do so , than that the maintenance of it should expose law to the ignominy of perpetual failure . Bribery is shown historically to have increased just as Parliament has admitted interests , as distinguished from righ ts , to become the subject-matter of legislation ; and until this great caus e of its existence is got rid of , it seems unlikely the practice should be suppressed by mere law .
The next proposal is to effect an entire revision of the electoral system every ten years , or , rather , to convert the existing limited . franchise into a trust of only ten years' duration , renewable , with needful modifications , at the expiration of each decennial period ; during each such period it is proposed to require that at least two general elections should have taken place . On this decennial revision reliance is placed for a gradual pur ification of the system , and a gradual drawing of it nearer to true principles . .
After noticing various plans of reform , and the books in -which they are proposed or advocated , the writer turns to an entirely different view of the subject . He asserts that improvements in the process of drafting from the mass of the community the persons to be entrusted with the making of laws must fail in great part of their purpose , unless the practice and functions of Parliament itself be reformed also . The
enormous mass of the private bill department of legislation is pointed out , together with the vast evils which it entails . It overpowers the-stren ^ th of Parliament , absorbs its attention , degrades its intellectual character , unfits it for the calm consideration of great principles , and forces on it the duties of a legislation to be effected in haste , confusion , and on insufficient acquaintance with facts . To individuals the injustice
of the system is what would be felt if every case of litigation in our law-courts had to pass through the Parliament ; and the plainest principles of individual and public liberty are violated by the Legislature still retaining in its own hands the determination of cases which have become generic in their character , and which ought to be determined elsewhere by other authorities , on principles laid down by the Legislature and known to all .
To remedy these evils as well as to supply a serious want in our constitution , which has occurred through the invasion of our ancient local institutions , it is then proposed to divide the United Kingdom into districts of four or five counties each , and to give to each a local legislature , to which should be committed the investigabills
tion and primary enactment of all private , and also such matters of local legislation as should affect only the district itself . On this plan the Supremo Legislature would be relieved of all that lowers its capabilities and embarrasses its action , and would be occupied in the settlement of general principles , and in superintending and controlling the application of them through tho local
legislatures . We cannot further extend this notice by adverting to the arguments by which these several proposals are sustained : for them , and for much we have not been able to notice at all , we must send our readers to the article itself .
The Last Bequest Of The Civil Servants. ...
THE LAST BEQUEST OF THE CIVIL SERVANTS . Pubmc discussion has had its legitimate effect m compelling Ministers to abandon the absurd and unjust system hitherto in force respecting the Superannuation Fund of the Civil Servants ; or rather , we should say , it has had half its leg itimate effect , in compelling Ministers to abandon U } ¥ absurd Hvstein , but we four without compelling to
them to adopt a more rational system . They - of a mere abandonment , giving up the absurai y without an effective substitute . Should they « o that their conduct will- be something bko "* behaviour of a woman who has boon convince that l » or conduct lias not been quite correct , »» immediately cuts tho friends who r cmonfltraw with her . , ¦ ¦ -. The general character of the present system , w well known . Jn 1829 the Ministers of tho Crown
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Citation
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Leader (1850-1860), Dec. 31, 1853, page 12, in the Nineteenth-Century Serials Edition (2008; 2018) ncse2.kdl.kcl.ac.uk/periodicals/l/issues/cld_31121853/page/12/
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