MONTHLY REVIEW OF LITERATURE. 459 



his writings, we must, nevertheless, assure him that his principles, once admitted 

 to be true, and begun to be acted upon, would sweep away all rights whatever, 

 now established, to make room for " natural" rights, which, in four and twenty 

 hours after, would again be subject to the encroachments of " the artificial claims 

 of capital." 



Let us, however, hear, (for we have no space to enter upon this question at 

 much length) how far our author is disposed to admit the efficacy of legislative 

 interference in the affairs of the community. 



" Allow me, first of all, to notice that the pretexts which the legislator puts 

 forth, about preserving social order, and promoting public good, must not 

 be confounded with his real object. The public good is not cognizable by 

 human faculties ; and he who pretends that his actions are guided by a view to 

 that, is an impostor, who looks only to his own interest and ambition. To 

 make that the pretended motive for action, is so obviously a mere pretext, as to 

 need no further refutation. Nor is the pretext, that he promotes social order 

 better founded. Social order is the mutual dependence of all those who con- 

 tribute to the subsistence and welfare of society. It includes the manner in 

 which they assist and protect each other, and provide for their mutual wants by 

 the interchange of their respective products. If by social order, be meant the 

 great scheme of social production, mutual dependence, and mutual service, 

 which grows out of the division of labour, that scheme, I boldly assert, the 

 legislator frequently contravenes, but never promotes that grows from the laws 

 of man's being, and precedes all the plans of the legislator, to regulate or pre- 

 serve it. In fact, his attempts to keep in one state what is continually in pro- 

 gress are mischievous. We must then set aside as mere pretexts, the assertions 

 of the legislator, that he intends to preserve social order, and promote the public 

 welfare ; and we must deal with legislation as solely intended to preserve the 

 power and privileges of the legislator. 



" Has he preserved that power ? Is the authority of the legislator undimi- 

 nished ? Is it not rather questioned on every side ? Look at theories overturned ! 

 and laws established ; by the legislator ? No ; but by the great body of the 

 people. Look at every one of his acts questioned by the press, and by the press 

 set aside, or confirmed ; the dominion which it has now acquired and which it 

 exercises throughout Europe, being a full and complete refutation of the opinion 

 that the legislator has preserved his power." 



And again, 



" Deceive yourself, my lord, and others no longer, but learn, from the history 

 of the last few years, to study the laws, which impose on the legislator a 

 necessity of obeying them. Since the time when I first began to take notice of 

 public events, the conduct of the legislator, not merely in England, but in 

 every other country of Europe, has been dictated by a tardy and unwilling, and 

 in his case, a disgraceful obedience to public opinion. This power, my lord, has 

 every where passed into decrepitude, and is merging in that possessed by the 

 press, as the representative of the public reason." 



But a little further on he adds, 



" I admit that the legislator has wished to promote the happiness of nations, 

 but I affirm that where he has interfered most, prosperity has been least, 

 and I concluded, on this general view, that he has every where failed in his 

 object." 



Now, we should like to ask, what is the meaning of this prate ? Our Letter- 

 writer, starts with an assertion, that the professions of a legislator, are mere 

 pretexts, the better to conceal his usual objects, which invariably tend to the 

 maintenance of his own power; and within a page or two he admits, that " the 

 legislator has wished to promote the happiness of nations." 



But the legislator has, it seems, not been able to preserve his power. The 

 great body of the people has always been of sufficient strength to keep him in 

 check. We admit it ; and also admit that it is well that it should be so. The 

 object of the people should ever be to keep its own public functionaries in check. 

 But under any conceivable 'form of gavernment there must be legislation, and 



