第 47 节
作者:
雨霖铃 更新:2024-07-12 09:34 字数:9322
sense; that the ultimate decision should rest undividedly with the minister himself: but neither ought they to be looked upon; or to look upon themselves; as ciphers; or as capable of being reduced to such at his pleasure。 The advisers attached to a powerful and perhaps self…willed man ought to be placed under conditions which make it impossible for them; without discredit; not to express an opinion; and impossible for him not to listen to and consider their recommendations; whether he adopts them or not。 The relation which ought to exist between a chief and this description of advisers is very accurately hit by the constitution of the Council of the Governor…General and those of the different Presidencies in India。 These Councils are composed of persons who have professional knowledge of Indian affairs; which the Governor…General and Governors usually lack; and which it would not be desirable to require of them。 As a rule; every member of Council is expected to give an opinion; which is of course very often a simple acquiescence: but if there is a difference of sentiment; it is at the option of every member; and is the invariable practice; to record the reasons of his opinion: the Governor…General; or Governor; doing the same。 In ordinary cases the decision is according to the sense of the majority; the Council; therefore; has a substantial part in the government: but if the Governor…General; or Governor; thinks fit; he may set aside even their unanimous opinion; recording his reasons。 The result is; that the chief is individually and effectively responsible for every act of the Government。 The members of Council have only the responsibility of advisers; but it is always known; from documents capable of being produced; and which if called for by Parliament or public opinion always are produced; what each has advised; and what reasons he gave for his advice: while; from their dignified position; and ostensible participation in all acts of government; they have nearly as strong motives to apply themselves to the public business; and to form and express a well…considered opinion on every part of it; as if the whole responsibility rested with themselves。 This mode of conducting the highest class of administrative business is one of the most successful instances of the adaptation of means to ends which political history; not hitherto very prolific in works of skill and contrivance; has yet to show。 It is one of the acquisitions with which the art of politics has been enriched by the experience of the East India Company's rule; and; like most of the other wise contrivances by which India has been preserved to this country; and an amount of good government produced which is truly wonderful considering the circumstances and the materials; it is probably destined to perish in the general holocaust which the traditions of Indian government seem fated to undergo; since they have been placed at the mercy of public ignorance; and the presumptuous vanity of political men。 Already an outcry is raised for abolishing the Councils; as a superfluous and expensive clog on the wheels of government: while the clamour has long been urgent; and is daily obtaining more countenance in the highest quarters; for the abrogation of the professional civil service which breeds the men that compose the Councils; and the existence of which is the sole guarantee for their being of any value。
A most important principle of good government in a popular constitution is that no executive functionaries should be appointed by popular election: neither by the votes of the people themselves; nor by those of their representatives。 The entire business of government is skilled employment; the qualifications for the discharge of it are of that special and professional kind which cannot be properly judged of except by persons who have themselves some share of those qualifications; or some practical experience of them。 The business of finding the fittest persons to fill public employments… not merely selecting the best who offer; but looking out for the absolutely best; and taking note of all fit persons who are met with; that they may be found when wanted… is very laborious; and requires a delicate as well as highly conscientious discernment; and as there is no public duty which is in general so badly performed; so there is none for which it is of greater importance to enforce the utmost practicable amount of personal responsibility; by imposing it as a special obligation on high functionaries in the several departments。 All subordinate public officers who are not appointed by some mode of public competition should be selected on the direct responsibility of the minister under whom they serve。 The ministers; all but the chief; will naturally be selected by the chief; and the chief himself; though really designated by Parliament; should be; in a regal government; officially appointed by the Crown。 The functionary who appoints should be the sole person empowered to remove any subordinate officer who is liable to removal; which the far greater number ought not to be; except for personal misconduct; since it would be vain to expect that the body of persons by whom the whole detail of the public business is transacted; and whose qualifications are generally of much more importance to the public than those of the minister himself; will devote themselves to their profession; and acquire the knowledge and skill on which the minister must often place entire dependence; if they are liable at any moment to be turned adrift for no fault; that the minister may gratify himself; or promote his political interest; by appointing somebody else。 To the principle which condemns the appointment of executive officers by popular suffrage; ought the chief of the executive; in a republican government; to be an exception? Is it a good rule; which; in the American Constitution; provides for the election of the President once in every four years by the entire people? The question is not free from difficulty。 There is unquestionably some advantage; in a country like America; where no apprehension needs be entertained of a coup d'etat; in making the chief minister constitutionally independent of the legislative body; and rendering the two great branches of the government; while equally popular both in their origin and in their responsibility; an effective check on one another。 The plan is in accordance with that sedulous avoidance of the concentration of great masses of power in the same hands; which is a marked characteristic of the American Federal Constitution。 But the advantage; in this instance; is purchased at a price above all reasonable estimates of its value。 It seems far better that the chief magistrate in a republic should be appointed avowedly; as the chief minister in a constitutional monarchy is virtually; by the representative body。 In the first place; he is certain; when thus appointed; to be a more eminent man。 The party which has the majority in Parliament would then; as a rule; appoint its own leader; who is always one of the foremost; and often the very foremost person in political life: while the President of the United States; since the last survivor of the founders of the republic disappeared from the scene; is almost always either an obscure man; or one who has gained any reputation he may possess in some other field than politics。 And this; as I have before observed; is no accident; but the natural effect of the situation。 The eminent men of a party; in an election extending to the whole country; are never its most available candidates。 All eminent men have made personal enemies; or have done something; or at the lowest professed some opinion; obnoxious to some local or other considerable division of the community; and likely to tell with fatal effect upon the number of votes; whereas a man without antecedents; of whom nothing is known but that he professes the creed of the party; is readily voted for by its entire strength。 Another important consideration is the great mischief of unintermitted electioneering。 When the highest dignity in the State is to be conferred by popular election once in every few years; the whole intervening time is spent in what is virtually a canvass。 President; ministers; chiefs of parties; and their followers; are all electioneerers: the whole community is kept intent on the mere personalities of politics; and every public question is discussed and decided with less reference to its merits than to its expected bearing on the presidential election。 If a system had been devised to make party spirit the ruling principle of action in all public affairs; and create an inducement not only to make every question a party question; but to raise questions for the purpose of founding parties upon them; it would have been difficult to contrive any means better adapted to the purpose。 I will not affirm that it would at all times and places be desirable that the head of the executive should be so completely dependent upon the votes of a representative assembly as the Prime Minister is in England; and is without inconvenience。 If it were thought best to avoid this; he might; though appointed by Parliament; hold his office for a fixed period; independent of a parliam