Chapter XV
OF LOCAL REPRESENTATIVE BODIES.
Section 2
From the constitution of the local bodies I now pass to the equally important and more difficult subject of their proper attributions. This question divides itself into two parts: what should be their duties, and whether they should have full authority within the sphere of those duties, or should be liable to any, and what, interference on the part of the central government.
It is obvious, to begin with, that all business purely local---all which concerns only a single locality---should devolve upon the local authorities. The paving, lighting, and cleansing of the streets of a town, and in ordinary circumstances the draining of its houses, are of little consequence to any but its inhabitants. The nation at large is interested in them in no other way than that in which it is interested in the private well-being of all its individual citizens. But among the duties classed as local, or performed by local functionaries, there are many which might with equal propriety be termed national, being the share, belonging to the locality, of some branch of the public administration in the efficiency of which the whole nation is alike interested: the gaols, for instance, most of which in this country are under county management; the local police; the local administration of justice, much of which, especially in corporate towns, is performed by officers elected by the locality, and paid from local funds. None of these can be said to be matters of local, as distinguished from national, importance. It would not be a matter personally indifferent to the rest of the country if any part of it became a nest of robbers or a focus of demoralisation, owing to the maladministration of its police; or if, through the bad regulations of its gaol, the punishment which the courts of justice intended to inflict on the criminals confined therein (who might have come from, or committed their offences in, any other district) might be doubled in intensity, or lowered to practical impunity. The points, moreover, which constitute good management of these things are the same everywhere; there is no good reason why police, or gaols, or the administration of justice, should be differently managed in one part of the kingdom and in another; while there is great peril that in things so important, and to which the most instructed minds available to the State are not more than adequate, the lower average of capacities which alone can be counted on for the service of the localities might commit errors of such magnitude as to be a serious blot upon the general administration of the country. Security of person and property, and equal justice between individuals, are the first needs of society, and the primary ends of government: if these things can be left to any responsibility below the highest, there is nothing, except war and treaties, which requires a general government at all. Whatever are the best arrangements for securing these primary objects should be made universally obligatory, and, to secure their enforcement, should be placed under central superintendence. It is often useful, and with the institutions of our own country even necessary, from the scarcity, in the localities, of officers representing the general government, that the execution of duties imposed by the central authority should be entrusted to functionaries appointed for local purposes by the locality. But experience is daily forcing upon the public a conviction of the necessity of having at least inspectors appointed by the general government to see that the local officers do their duty. If prisons are under local management, the central government appoints inspectors of prisons to take care that the rules laid down by Parliament are observed, and to suggest others if the state of the gaols shows them to be requisite: as there are inspectors of factories, and inspectors of schools, to watch over the observance of the Acts of Parliament relating to the first, and the fulfilment of the conditions on which State assistance is granted to the latter.
But, if the administration of justice, police and gaols included, is both so universal a concern, and so much a matter of general science independent of local peculiarities, that it may be, and ought to be, uniformly regulated throughout the country, and its regulation enforced by more trained and skilful hands than those of purely local authorities---there is also business, such as the administration of the poor laws, sanitary regulation, and others, which, while really interesting to the whole country, cannot consistently with the very purposes of local administration, be, managed otherwise than by the localities. In regard to such duties the question arises, how far the local authorities ought to be trusted with discretionary power, free from any superintendence or control of the State.
To decide this question it is essential to consider what is the comparative position of the central and the local authorities as capacity for the work, and security against negligence or abuse. In the first place, the local representative bodies and their officers are almost certain to be of a much lower grade of intelligence and knowledge than Parliament and the national executive. Secondly, besides being themselves of inferior qualifications, they are watched by, and accountable to, an inferior public opinion. The public under whose eyes they act, and by whom they are criticised, is both more limited in extent, and generally far less enlightened, than that which surrounds and admonishes the highest authorities at the capital; while the comparative smallness of the interests involved causes even that inferior public to direct its thoughts to the subject less intently, and with less solicitude. Far less interference is exercised by the press and by public discussion, and that which is exercised may with much more impunity be disregarded in the proceedings of local than in those of national authorities. Thus far the advantage seems wholly on the side of management by the central government. But, when we look more closely, these motives of preference are found to be balanced by others fully as substantial. If the local authorities and public are inferior to the central ones in knowledge of the principles of administration, they have the compensating advantage of a far more direct interest in the result. A man's neighbours or his landlord may be much cleverer than himself, and not without an indirect interest in his prosperity, but for all that his interests will be better attended to in his own keeping than in theirs. It is further to be remembered, that even supposing the central government to administer through its own officers, its officers do not act at the centre, but in the locality: and however inferior the local public may be to the central, it is the local public alone which has any opportunity of watching them, and it is the local opinion alone which either acts directly upon their own conduct, or calls the attention of the government to the points in which they may require correction. It is but in extreme cases that the general opinion of the country is brought to bear at all upon details of local administration, and still more rarely has it the means of deciding upon them with any just appreciation of the case. Now, the local opinion necessarily acts far more forcibly upon purely local administrators. They, in the natural course of things, are permanent residents, not expecting to be withdrawn from the place when they cease to exercise authority in it; and their authority itself depends, by supposition, on the will of the local public. I need not dwell on the deficiencies of the central authority in detailed knowledge of local persons and things, and the too great engrossment of its time and thoughts by other concerns, to admit of its acquiring the quantity and quality of local knowledge necessary even for deciding on complaints, and enforcing responsibility from so great a number of local agents. In the details of management, therefore, the local bodies will generally have the advantage; but in comprehension of the principles even of purely local management, the superiority of the central government, when rightly constituted, ought to be prodigious: not only by reason of the probably great personal superiority of the individuals composing it, and the multitude of thinkers and writers who are at all times engaged in pressing useful ideas upon their notice, but also because the knowledge and experience of any local authority is but local knowledge and experience, confined to their own part of the country and its modes of management, whereas the central government has the means of knowing all that is to be learnt from the united experience of the whole kingdom, with the addition of easy access to that of foreign countries.
The practical conclusion from these premises is not difficult to draw. The authority which is most conversant with principles should be supreme over principles, while that which is most competent in details should have the details left to it. The principal business of the central authority should be to give instruction, of the local authority to apply it. Power may be localised, but knowledge, to be most useful, must be centralised; there must be somewhere a focus at which all its scattered rays are collected, that the broken and coloured lights which exist elsewhere may find there what is necessary to complete and purify them. To every branch of local administration which affects the general interest there should be a corresponding central organ, either a minister, or some specially appointed functionary under him; even if that functionary does no more than collect information from all quarters, and bring the experience acquired in one locality to the knowledge of another where it is wanted. But there is also something more than this for the central authority to do. It ought to keep open a perpetual communication with the localities: informing itself by their experience, and them by its own; giving advice freely when asked, volunteering it when seen to be required; compelling publicity and recordation of proceedings, and enforcing obedience to every general law which the legislature has laid down on the subject of local management. That some such laws ought to be laid down few are likely to deny. The localities may be allowed to mismanage their own interests, but not to prejudice those of others, nor violate those principles of justice between one person and another of which it is the duty of the State to maintain the rigid observance. If the local majority attempts to oppress the minority, or one class another, the State is bound to interpose. For example, all local rates ought to be voted exclusively by the local representative body; but that body, though elected solely by rate-payers, may raise its revenues by imposts of such a kind, or assess them in such a manner, as to throw an unjust share of the burden on the poor, the rich, or some particular class of the population: it is the duty, therefore, of the legislature, while leaving the mere amount of the local taxes to the discretion of the local body, to lay down authoritatively the modes of taxation, and rules of assessment, which alone the localities shall be permitted to use. Again, in the administration of public charity the industry and morality of the whole labouring population depend, to a most serious extent, upon adherence to certain fixed principles in awarding relief. Though it belongs essentially to the local functionaries to determine who, according to those principles, is entitled to be relieved, the national Parliament is the proper authority to prescribe the principles themselves; and it would neglect a most important part of its duty if it did not, in a matter of such grave national concern, lay down imperative rules, and make effectual provision that those rules should not be departed from. What power of actual interference with the local administrators it may be necessary to retain, for the due enforcement of the laws, is a question of detail into which it would be useless to enter. The laws themselves will naturally define the penalties, and fix the mode of their enforcement. It may be requisite, to meet extreme cases, that the power of the central authority should extend to dissolving the local representative council, or dismissing the local executive: but not to making new appointments, or suspending the local institutions. Where Parliament has not interfered, neither ought any branch of the executive to interfere with authority; but as an adviser and critic, an enforcer of the laws, and a denouncer to Parliament or the local constituencies of conduct which it deems condemnable, the functions of the executive are of the greatest possible value.
Some may think that however much the central authority surpasses the local in knowledge of the principles of administration, the great object which has been so much insisted on, the social and political education of the citizens, requires that they should be left to manage these matters by their own, however imperfect, lights. To this it might be answered, that the education of the citizens is not the only thing to be considered; government and administration do not exist for that alone, great as its importance is. But the objection shows a very imperfect understanding of the function of popular institutions as a means of political instruction. It is but a poor education that associates ignorance with ignorance, and leaves them, if they care for knowledge, to grope their way to it without help, and to do without it if they do not. What is wanted is, the means of making ignorance aware of itself, and able to profit by knowledge; accustoming minds which know only routine to act upon, and feel the value of principles: teaching them to compare different modes of action, and learn, by the use of their reason, to distinguish the best. When we desire to have a good school, we do not eliminate the teacher. The old remark, `as the schoolmaster is, so will be the school', is as true of the indirect schooling of grown people by public business as of the schooling of youth in academies and colleges. A government which attempts to do everything is aptly compared by M. Charles de Rémusat to a schoolmaster who does all the pupils' tasks for them; he may be very popular with the pupils, but he will teach them little. A government, on the other hand, which neither does anything itself that can possibly be done by any one else, nor shows any one else how to do anything, is like a school in which there is no schoolmaster, but only pupil teachers who have never themselves been taught.