ble _nec amore et sine odio_, the disgust is ill concealed. There
are passages where we almost hear the drone of a dowager in the
Faubourg Saint-Germain. It was said of Tocqueville that he was an
aristocrat who accepted his defeat. Sir Henry Maine in politics is a
bureaucrat who cannot bear to think that democracy will win. He is
dangerously near the frame of mind of Scipio Emilianus, after the
movement of the Gracchi and the opening of the Roman revolution.
Scipio came to the conclusion that with whichever party he took sides,
or whatever measures a disinterested and capable statesman might
devise, he would only aggravate the evil. Sir Henry Maine would seem
to be nearly as despondent. Hence his book is fuller of apprehension
than of guidance, more plausible in alarm than wise or useful in
direction. It is exclusively critical and negative. There Is, indeed,
an admirable account of the constitution of the United States. But on
the one great question on which the constitution of the United States
might have been expected to shed light--the modification of the House
of Lords--Sir Henry Maine explicitly admits (p. 186) that it is very
difficult to obtain from the younger institution, the Senate, any
lessons which can be of use in the reconstruction of the older. At
every turn, the end of the discussion lands us in a philosophical
_cul-de-sac_, and nothing is so depressing as a _cul-de-sac_. The tone
is that of the political valetudinarian, watching with uneasy eye the
ways of rude health. Unreflecting optimism about Popular Government is
sickening, but calculated pessimism is not much better.

Something, no doubt, may often be gained by the mere cross-examination
of catchwords and the exposure of platitudes. Popular government is
no more free from catchwords and platitudes than any other political,
religious, or social cause which interests a great many people, and is
the subject of much discussion. Even the Historical Method has its own
claptrap. But one must not make too much of these things. "In order
to love mankind," said Helvetius, "one must not expect too much from
them." And fairly to appreciate institutions you must not hold them up
against the light that blazes in Utopia; you must not expect them
to satisfy microscopic analysis, nor judge their working, which is
inevitably rough, awkward, clumsy, and second-best, by the fastidious
standards of closet logic.

Before saying more as to the substance of the hook, w