their sails. In 1636 this remedy was again recommended in medical works on scurvy. Admiral Wagner, commanding our fleet in the Baltic in 1726, once more showed it to be a specific. In 1757 Dr. Liiid, the physician to the naval hospital at Haslar, collected and published in an elaborate work, these and many other proofs of its efficacy. Nevertheless, scurvy continued to carry off thousands of our sailors. In. 1780, 2,400 in the Channel Fleet were affected by it; and in 1795 the safety of the Channel Fleet was endangered by it. At length, in that year, the Admiralty ordered a regular supply of lemon- juice to the navy. Thus two centuries after the remedy was known, and forty years after a chief medical officer of the Government had given conclusive evidence of its worth, the Admiralty, forced thereto by an exacerbation of the evil, first moved in the matter. And what had been the effect of this amazing perversity of officialism? The mortality from scurvy during this long period had exceeded the mortality by battles, wrecks, and all casualties of sea-life put together! 8 How, through military administration there has all along 148 THE STUDY OF SOCIOLOGY.
run, and still runs, a kindred stupidity and obstructiveness, pages of examples might be accumulated to show. The de bates pending1 the abolition of the purchase-system furnish many; the accounts of life at Aldershot and of autumn manoeuvres furnish many; and many might be added in the shape of protests like those made against martinet riding- regulations, which entail ruptures on the soldiers, and against " our ridiculous drill-book," as independent officers are now agreeing to call it. Even limiting ourselves to sanitary administration in the army, the flies of our journals and the reports of our commissions would yield multitudinous in stances of scarcely-credible bungling — as in bad barrack- arrangements, of which we heard so much a few years ago; as in an absurd style of dress, such as that which led to the wholesale cutting-down of the Twelfth Cameronians when they arrived in China in 1841; as in the carelessness which lately caused the immense mortality by cholera among the 18th Hussars at Secunderabad, where, spite of medical pro tests repeated ever since 1818, soldiers have continued to be lodged in barracks that had " throughout India an infamous notoriety." 9 Or, not further to multiply instances, take the long-continued ignoring of ipecacuanha as a specific for dysentery, which causes so much mortality in our Indian Service: — " It is a singular fact, that the introducers of the ipecacuanha into European practice, the Brazilian traveller Marcgrav, and the phy sician Piso (in 1648), explicitly stated that the powder is a specific cure for dysentery, in doses of a drachm and upwards; but that this information appears never to have been acted upon till 1813, when Surgeon G. Playfair, of the East Indian Company's service, wrote testifying to its use in these doses. Again, in 1831, a number of reports of medical officers were published by the Madras Medical Board, stowing its great effects in hourly doses of five grains, till frequently 100 grains were given in a short period; testimony which, notwithstanding its weight, was doomed to be similarly overlooked, till quite recently, when it has been again brought directly under the notice of the Indian Government, which is making very vigorous efforts to introduce the culture of the plant into suitable districts of India." 10 So that, notwithstanding the gravity of the evil, and the pressing need for this remedy from time to time thrust on the SUBJECTIVE DIFFICULTIES— EMOTIONAL. 149 attention of the Indian authorities, nearly sixty years passed before the requisite steps were taken.11 That the State, which fails to secure the health of men, even in its own employ, should fail to secure the health of beasts, might perhaps be taken as self-evident; though possi bly some, comparing the money laid out on stables with the money laid out on cottages, might doubt the corollary. Be this as it may, however, the recent history of cattle-diseases and of legislation to prevent cattle-diseases, yields the same lessons as are yielded above. Since 1848 there have been seven Acts of Parliament bearing the general titles of Con tagious Diseases (Animals) Acts. Measures to "stamp out," as the phrase goes, this or that disease, have been called for as imperative. Measures have been passed, and then, expecta tion not having been fulfilled, amended measures have been passed, and then re-amended measures; so that of late no session has gone by without a bill to cure evils which pre vious bills tried to cure, but did not. Notwithstanding the keen interest felt by the ruling classes in the success of these measures, they have succeeded so ill, that the "foot-and- mouth disease " has not been " stamped out," has not even been kept in check, but during the past year has spread alarmingly in various parts of the kingdom. Continually the Times has had blaming letters, and reports of local meetings called to condemn the existing laws and to insist on better. From all quarters there have come accounts of ineffective regulations and incapable officials — of policemen who do the work of veterinary surgeons — of machinery described by Mr. Fleming, veterinary surgeon of the Royal Engineers, as " clumsy, disjointed, and inefficient.'1 " Is it alleged that the goodness of State-agency cannot be judged by measures so recent, the administration of wThich is at present imperfect? If so, let us look at that form of State- agency which is of most ancient date, and has had the longest time for perfecting its adjustments — let us take the Law in general, and its administration in general. Needs there do more than name these to remind the reader of the amazing inefficiency, confusion, doubtfulness, delay, which, proverbial from early times, continue still? Of penal statutes alone, which are assumed to be known by every citizen, 14,408 had 150 THE STUDY OP SOCIOLOGY.
been enacted from the time of Edward III. down to 1844. As was said by Lord Cranworth in the House of Peers, 16th February, 1853, the judges were supposed to be acquainted with all these laws, but, in fact, no human mind could master them, and ignorance had ceased to be a disgrace.18 To this has to be added the accumulation of civil laws, similarly multitudinous, involved, unclassified, and to this again the enormous mass of "case law," filling over 1200 volumes and rapidly increasing, before there can be formed an idea of the chaos. Consider next, how there has come this chaos; out of which not even the highest legal functionaries, much less the lower functionaries, much less the ordinary citizens, can educe definite conclusions. Session after session the confusion has been worse confounded by the passing of separate Acts, and successive amendments of Acts, Avhich are left unconnected with the multitudinous kindred Acts and amendments that lie scattered through the accumulated records of centuries. Suppose a trader should make, day by day, separate memoranda of his transactions with A, B, C, and the rest of his debtors and creditors. Sup pose he should stick these on a file, one after another as they were made, never even putting them in order, much less entering them in his ledger. Suppose he should thus go on throughout his life, and that, to learn the state of his account with A, B, or C, his clerks had to search through this enor mous confused file of memoranda: being helped only by their memories and by certain private note-books which pre ceding clerks had made for their own guidance, and left behind them. What would be the state of the business? What chance would A, B, and C have of being rightly dealt with? Yet this, which, as a method of conducting private business, is almost too ludicrous for fiction, is in public business nothing more than grave fact. And the result of the method is exactly the one to be anticipated. Counsel's opinions differing, authorities contradicting one another, judges at issue, courts in collision. The conflict extends all through the system from top to bottom. Every day's law- reports remind us that each decision given is so uncertain that the probability of appeal depends chiefly on the courage or pecuniary ability of the beaten litigant — not on the nature SUBJECTIVE DIFFICULTIES— EMOTIONAL. 151 of the decision: and if the appeal is made, a reversal of the decision is looked for as by no means unlikely. And then, on contemplating the ultimate effect, we find it to be — the multiplication of aggressions. Were the law clear, were verdicts certain to be in conformity with it, and did asking for its protection entail no chance of great loss or of ruin, very many of the causes that come before our courts would never be heard of, for the reason that the wrongs they disclose would not be committed; nor would there be committed those yet more numerous wrongs to which the bad are prompted by the belief that the persons wronged will not dare to seek redress. Here, where State-agency has had centuries upon centuries in which to develop its appliances and show its efficiency, it is so inefficient that citizens dread employing it, lest instead of getting succour in their distress they should bring on themselves new sufferings. And then — startling comment on the system, if we could but see it! — there spring up private voluntary combinations for doing the business which the State should do, but fails to do. Here in London there is now proposed a Tribunal of Commerce, for administering justice among traders, on the pattern of that which in Paris settles eighteen thousand cases a year, at an average cost of fifteen shillings each!
Even after finding the State perform so ill this vital func tion, one might have expected that it would perform well such a simple function as the keeping of documents. Yet, in the custody of the national records, there has been a carelessness such as " no merchant of ordinary prudence " would show in respect to his account-books. One portion of these records was for a long time kept in the White Tower, close to. some tons of gunpowder; and another portion was placed near a steam-engine in daily use. Some records were deposited in a temporary shed at the end of Westminster Hall, and thence, in 1830, were removed to other sheds in the King's Mews, Charing Cross, where, in 1836, their state is thus described by the Eeport of a Select Committee: — " In these sheds 4,136 cubic feet of national records were deposited in the most neglected condition. Besides the accumulated dust of centuries, all, when these operations commenced (the investigation into the state of the Records), were found to be very damp. Some were in 152 THE STUDY OP SOCIOLOGY.
a state of inseparable adhesion to the stone walls. There were nu merous fragments which had only just escaped entire consumption by vermin, and many were in the last stage of putrefaction. Decay and damp had rendered a large quantity so fragile as hardly to admit of being touched; others, particularly those in the form of rolls, were so coagulated together that they could not be uncoiled. Six or seven perfect skeletons of rats were found imbedded, and bones of these vermin were generally distributed throughout the mass."
Thus if we array in order the facts which are daily brought to light, but unhappily drop out of men's memories as fast as others are added, we find a like history throughout. Now the complaint is of the crumbling walls of the Houses of Parlia ment, which, built of stone chosen by a commission, never theless begin to decay in parts first built before other parts are completed. Now the scandal is about a new fort at Sea- ford, based on the shingle so close to the sea that a storm washes a great part of it away. Now there comes the account of a million and a half spent in building the Alderney har bour, which, being found worse than useless, threatens to en tail further cost for its destruction. And then there is an as tounding disclosure about financial irregularities in the Post- office and Telegraph departments — a disclosure showing that, in 1870-1, two-thirds of a million having been spent by offi cials without authority, and the offence having been condoned by Parliament, there again occurs, in 1871-2, a like unwar ranted expenditure of four-fifths of a million — a disclosure showing that while the Audit-department disputes a charge of sixpence for porterage in a small bill, it lets millions slip through its fingers without check.14 Scarcely a journal can be taken up that has not some blunder referred to in a debate, or brought to light by a Report, or pointed out in a letter, or commented on in a leader. Do I need an illustration? I take up the Times of this morning (November 13) and read that the new bankruptcy law, substituted for the bankruptcy laws which failed miserably, is administered in rooms so crowded and noisy that due care and thought on the part of officials is scarcely possible, and, further, that as one part of the court sits in the City and another part in Lincoln's Inn, solicitors have often to be in both places at the same time. Do I need more illustrations? They come in abundance between the day on which the foregoing sentence was written and the day (November 20) on which I revise it. Within this short time mismanagement has been shown in a treatment of the police that has created a mutiny among them; in a treatment of government copying-clerks that causes them publicly to com plain of broken promises; in a treatment of postmen that calls from them disrespectful behaviour towards their supe riors: all at the same time that there is going on the contro versy about Park-rules, which have been so issued as to evade constitutional principles, and so administered as to bring the law into contempt. Yet as fast as there come proofs of mal-administration there come demands that administration shall be extended. Here, in the very same copy of the Times, are two authorities, Mr. Reed and Sir W. Fairbairn, speaking at different meetings, both condemning the enormous bun gling and consequent loss of life that goes on under the exist ing Government-supervision of vessels, and both insisting on " legislation " and " proper inspection " as the remedies.18 Just as, in societies made restive by despotism, the proposed remedy for the evils and dangers brought about is always more despot ism; just as, along with the failing power of a decaying Papacy, there goes, as the only fit cure, a re-assertion of Papal infalli bility, with emphatic obbligato from a Council; so, to set right the misdoings of State-agency, the proposal always is more State-agency. When, after long continuance of coal-mine in spection, coal-mine explosions keep recurring, the cry is for more coal-mine inspection. When railway accidents multiply, notwithstanding the oversight of officials appointed by law to see that railways are safe, the unhesitating demand is for more such officials. Though, as Lord Salisbury lately re marked of governing bodies deputed by the State, " they begin by being enthusiastic and extravagant, and they are very apt to end in being wooden " — though, through the press and by private conversation, men are perpetually reminded that when it has ceased to wield the new broom, each deputy gov erning power tends to become either a king-stork that does mischief, or a king-log that does nothing; yet more deputy governing powers are asked for with unwavering faith. While the unwisdom of officialism is daily illustrated, the argument for each proposed new department sets out with the 154 THE STUDY OF SOCIOLOGY.
postulate that officials will act wisely. After endless com ments on the confusion and apathy and delay of Government offices, other Government offices are advocated. After cease less ridicule of red-tape, the petition is for more red-tape. Daily we castigate the political idol with a hundred pens, and daily pray to it with a thousand tongues.
The emotion which thus destroys the balance of judgment, lies deep in the natures of men as they have been and still are. This root out of which there grow hopes that are no sooner blighted than kindred hopes grow up in their places, is a root reaching down to the lowest stages in civilization. The con quering chief, feared, marvelled at, for his strength or sagac ity — distinguished from others by a quality thought of as supernatural (when the antithesis of this with natural be comes thinkable), ever excites a disproportionate faith and ex pectation. Having done or seen things beyond the power or insight of inferiors, there is no knowing what other things he may not do or see. After death his deeds become magnified by tradition; and his successor, inheriting his authority, exe cuting his commands, and keeping up secret communication with him, acquires either thus, or by his own superiority, or by both, a like credit for powers that transcend the ordinary human powers. So there accumulates an awe of the ruler, with its correlative faith. On tracing the genealogy of the governing agent, thus beginning as god, and descendant of the gods, and having titles and a worship in common with the gods, we see there clings to it, through all its successive metamorphoses, more or less of this same ascribed character, exciting this same sentiment. " Divinely descended " be comes presently " divinely appointed," " the Lord's anointed," "ruler by divine right," "king by the grace of God," &c. And then as fast as declining monarchical power brings with it decreasing belief in the supernaturalness of the monarch (which, however, long lingers in faint forms, as instance the supposed cure of king's evil), the growing powers of the bodies that assume his functions bring to them a share of the still- surviving sentiment. The " divinity that doth hedge a king " becomes, in considerable measure, the divinity that doth hedge a parliament. The superstitious reverence once felt SUBJECTIVE DIFFICULTIES— EMOTIONAL. 155 towards the one, is transferred, in a modified form, to the other; taking with it a tacit belief in an ability to achieve any end that may be wished, and a tacit belief in an authority to which 110 limits may be set.
This sentiment, inherited and cultivated in men from childhood upwards, sways their convictions in spite of them. It generates an irrational confidence in all the paraphernalia and appliances and forms of State-action. In the very aspect of a law-deed, written in an archaic hand 011 dingy parch ment, there is something which raises a conception of validity not raised by ordinary writing on paper. Around a Govern- meiit-stamp there is a certain glamour which makes us feel as though the piece of paper bearing it was more than a mere mass of dry pulp with some indented marks. To any legal form of words there seems to attach an authority greater than that which would be felt were the language free from legal involutions and legal technicalities. And so is it with all the symbols of authority, from royal pageants downwards. That the judge's wig gives to his decisions a weight and sacrediiess they would not have were he bare-headed, is a fact familiar to every one. And when we descend to the lowest agents of the executive organization, we find the same thing. A man in blue coat and white-metal buttons, which carry with them the thought of State-authority, is habitually regarded by citizens as having a trustworthiness beyond that of a man who wears no such uniform; and this confidence survives all disproofs. Obviously, then, if men's judgments are thus ridiculously swayed, notwithstanding better knowledge, by the mere sym bols of State-power, still more must they be so swayed by State-power itself, as exercised in ways that leave greater scope for the imagination. If awe and faith are irresistibly called out towards things which perception and reason tell us posi tively should not call them out, still more will awe and faith be called out towards those State-actions and influences 011 which perception and reason can less easily be brought to bear. If the beliefs prompted by this feeling of reverence survive even where they are flatly contradicted by common sense, still more will they survive where common sense cannot flatly contradict them.
How deeply rooted is this sentiment excited in men by em- 156 THE STUDY OF SOCIOLOGY.
bodied supremacy, will be seen on noting1 how it sways in common all orders of politicians, from the old-world Tory to the Eed Republican. Contrasted as the extreme parties are in the types of Government they approve, and in the theories they hold respecting1 the source of governmental authority, they are alike in their unquestioning1 belief in governmental authority, and in showing.almost unlimited faith in the ability of a Government to achieve any desired end. Though the form of the agency towards which the sentiment of loyalty is directed, is much changed, yet there is little change in the sentiment itself, or in the general conceptions it creates. The notion of the divine right of a person, has given place to the notion of the divine right of a representative assembly. While it is held to be a self-evident falsity that the single will of a despot can justly override the wills of a people, it is held to be a self-evident truth that the wills of one-half of a people plus some small fraction, may with perfect justice override the wills of the other half minus this small fraction — may over ride them in respect of any matter whatever. Unlimited authority of a majority has been substituted for unlimited authority of an individual. So unquestioning is the belief in this unlimited authority of a majority, that even the tacit sug gestion of a doubt produces astonishment. True, if of one who holds that power deputed by the people is subject to no restrictions, you ask whether, if the majority decided that no person should be allowed to live beyond sixty, the decision might be legitimately executed, he would possibly hesitate. Or if you asked him whether the majority, being Catholic, might rightly require of the Protestant minority that they should either embrace Catholicism or leave the country, he would, influenced by the ideas of religious liberty in which he has been brought up, probably say no. But though his an swers to sundry such questions disclose the fact that State- authority, even when uttering the national will, is not be lieved by him to be absolutely supreme; his latent conviction that there are limits to it, lies so remote in the obscure back ground of his consciousness as to be practically non-existent. In all he says about what a Legislature should do, or forbid, or require, he tacitly assumes that any regulation may be en acted, and when enacted must be obeyed. And then, along