May 21. 1832
Professor Park — English Constitution — Democracy — Milton and Sidney
Professor Park talks1 about its being very doubtful whether the constitution described by Blackstone ever in fact existed. In the same manner, I suppose, it is doubtful whether the moon is made of green cheese, or whether the souls of Welchmen do, in point of fact, go to heaven on the backs of mites. Blackstone’s was the age of shallow law. Monarchy, aristocracy, and democracy, as such, exclude each the other: but if the elements are to interpenetrate, how absurd to call a lump of sugar hydrogen, oxygen, and carbon! nay, to take three lumps, and call the first hydrogen; the second, oxygen; and the third, carbon! Don’t you see that each is in all, and all in each?
The democracy of England, before the Reform Bill, was, where it ought to be, in the corporations, the vestries, the joint-stock companies, &c. The power, in a democracy, is in focal points, without a centre; and in proportion as such democratical power is strong, the strength of the central government ought to be intense—otherwise the nation will fall to pieces.
We have just now incalculably increased the democratical action of the people, and, at the same time, weakened the executive power of the government.
It was the error of Milton, Sidney, and others of that age, to think it possible to construct a purely aristocratical government, defecated of all passion, and ignorance, and sordid motive. The truth is, such a government would be weak from its utter want of sympathy with the people to be governed by it.
Notes
1 In his “Dogmas of the Constitution, four Lectures on the Theory and Practice of the Constitution, delivered at the King’s College, London,” 1832. Lecture I. There was a stiffness, and an occasional uncouthness in Professor Park’s style; but his two works, the one just mentioned, and his “Contre-Projet to the Humphreysian Code,” are full of original views and vigorous reasonings. To those who wished to see the profession of the law assume a more scientific character than for the most part it has hitherto done in England, the early death of John James Park was a very great loss.—ED.