A nation with a national religion which all or nearly all citizens

cherish possesses a bond of unity which grows the more powerful the more

its traditions become entwined with the national life. It is chiefly the

influence of the Orthodox Church that has made a people so low in the

scale of civilization as Russia was three centuries ago, to-day so

united, so strong through its union, and so submissive to its sovereign,

for it is not less as Head of the Church than as a secular prince that

the Czar commands the reverence of his subjects[103]. Accordingly

whenever a State Church can be set up which embraces practically the

whole of the people, and when it can be associated with the government

and the movements of public life, the cohesion of the nation and the

power of the government which controls the church will be increased. Of

the possibly pernicious influence of such arrangements on such a church

and on religion I do not speak; that is quite another matter. I am only

pointing out that a Constitution will gain strength, and a nation unity,

if the ecclesiastical arrangements can be linked to those of the secular

government, assuming the people to be all attached to the same form of

faith and worship.

-----

Footnote 103:

There are of course dissenting sects in Russia, some of them counting

many adherents, but they have seldom, and in no large measure,

affected the political unity of the nation.

-----

Similarly, in so far as those who frame a Constitution can make it

provide a system of education which will give the people common ideas

and common aspirations, in so far as they can persuade the inhabitants

to use a common language, if the country is one where more than one

tongue has been spoken, or even to enjoy and meet for the enjoyment of

common festivities and games, they will be availing themselves of

influences not to be despised. The Prussian Government founded the

University of Bonn immediately after the recovery of the left bank of

the Rhine from France in 1814, and the University of Strassburg

immediately after the recovery of Alsace in 1871, in both cases with the

view of benefiting these territories and of drawing them closer to the

rest of the country by the afflux of students from other parts of it, an

aim which was realized. Indeed the non-local character of the German

Universities, each serving the whole of the lands wherein the German

tongue was spoken, powerfully contributed to intensify the sentiment of

a common German nationality throughout the two centuries (1648 to 1870)

during which Germany had virtually ceased to be a State. The Olympian,

Pythian, Isthmian, and Nemean games had no contemptible effect in

fostering the sentiment of a common national unity, as against the

barbarians, among the Greeks, who had never enjoyed and did not desire

political union. The admission of the Macedonian king to strive at the

Olympian games was a political event of high significance, for it

enabled his descendants Philip and Alexander the Great to claim to

belong to the Hellenic race.

Some of these various engines for promoting the cohesion of a nation may

seem to lie rather in the sphere of governmental action than in that of

a Constitution. Commercial freedom, however, as well as religious

compulsion on the one hand, or religious freedom on the other hand, have

been provided for by some Rigid Constitutions. So too has been the use

of certain languages. Where the Constitution is a Flexible one, the

question whether the laws regulating such matters are to be deemed a

part of the Constitution depends entirely on the practical importance

ascribed to them, since in such a Constitution there is no distinction

of form between fundamental and other provisions.

IV. HOW CONSTITUTIONS MAY REDUCE OR REGULATE THE CENTRIFUGAL FORCES.

Now let us see what Constitutions may effect in the other of the two

above specified ways, viz. what they may do to meet and grapple with,

and if possible disarm, the tendencies which make for disruption, _i.e._

the forces which, while drawing men together in minor groups within the

State, are as regards the State itself centrifugal forces.

What are these tendencies? History tells us that the chief among them

are race feeling, resentment for past injuries, grievances in respect of

real or supposed ill-treatment in matters of industry, or of trade, or

of education, or of language, or of religion, where these grievances or

any of them press on a part only of the population. If they press on the

whole population, or on the humbler classes as a whole, they are

perturbing, but not necessarily nor even probably disruptive, _i.e._

they threaten disaffection or a general revolt against the government,

rather than the severance of a particular province or the secession of a

particular section of the people. It is only with grievances which

affect one section or district, and make it desire an independence to be

obtained by separation, that we have here to deal. There must be in

every such case either a sentiment of dislike on the part of the

disaffected section towards the rest of the nation, or else a belief

that great material advantages will be obtained by separation; and the

latter of these causes is almost sure to produce the former. When two or

more of these tendencies combine in any given case, so much the stronger

does the desire for separation become.

A few illustrations will explain better than a long abstract statement

what I desire to convey. In the ancient world the thing which we call

National Sentiment was seldom a powerful factor, perhaps because the

more advanced peoples were divided into small city communities, while

the backward peoples, living under large empires like the Persian or

that of the Seleucid kings, were allowed to retain their own customs and

religion, and often their native princes, feeling the weight of

subjection only in having to pay tribute and send a contingent in war.

The only nations that gave much trouble to the Achaemenid kings of

Persia were the Egyptians, a race very peculiar and very conceited, and

the Greeks of Asia Minor. Under the Roman Empire there were wonderfully

few national revolts, probably because the imperial government pressed

equally upon all, conceded rights of citizenship pretty freely, and gave

the subjects in exchange for their own national sentiment the higher

pride of belonging to the majestic World State which had engulfed them.

The chief source of disruptive attempts lay in the monotheistic

religions. The Jews made more than one obviously hopeless rebellion.

When Christianity became the religion of the Empire, schisms and

heresies gave trouble. Africa was convulsed by the Donatist movement.

Egypt was disaffected owing to Monophysitism, and no doubt gave herself

the more readily to the Arab conquerors in respect of this disaffection.

The persecuted Montanist sectaries of Phrygia revolted in the sixth

century. It was the religious persecution of the Fire-worshipping

Sassanid kings that provoked their Armenian vassals to rebellion[104].

So in the fifteenth and sixteenth centuries, the sentiment of

nationality having not yet reached its full strength, it was chiefly by

religious divisions that the unity of States was threatened. This was

what lost the Dutch Netherlands to Spain. This was what split up the

Romano-Germanic Empire, and made it, after the Thirty Years’ War, the

mere shadow of a State. It contributed to keep the Highlanders distinct

from the Lowland population of Scotland after the Reformation (though

other causes also were at work), and it was of course a still more

potent force in Ireland. In our own time it nearly rent Switzerland in

two in the war of the Sonderbund. Conversely, any one who notices how

little the unity of the nation has been threatened in Spain, a country

where the populations and dialects of the different provinces still

present striking contrasts, and are accompanied by diversities of

character, will be disposed to attribute this fact not merely to the

absence of natural boundaries between the provinces, but also to the

remarkable religious unity which the nation has always preserved.

-----

Footnote 104:

The dualistic Zoroastrianism of Persia seems to have taken many of the

characteristics of a monotheistic religion.

-----

In our own time, while religion is a less energetic factor, what is

called national sentiment has begun to threaten loosely compacted

States. It compelled the transformation in 1868 of the so-called

Austrian Empire into the present Dual Monarchy. It shakes the Austrian

half of that monarchy now, so sharp is the antagonism between the Czechs

of Bohemia and the other Slavic populations of Cis-Leithania and the

Germans of the Western and South-Western Crown Lands. Iceland differs

from Denmark, with which she has been politically united since 1380 (or

1397), in language, in character, and in habits, and she has therefore

struggled for autonomy, a large measure of which she obtained in 1874.

She has had some economic grievances, but sentiment has been an even

stronger element in her discontent, which, however, stopped short of a

wish to separate, as she feels herself too small to stand alone. A

strong party in Norway has desired to be divorced from Sweden, to which

she was unnaturally yoked in 1814 by the Congress of Vienna, not merely

in respect of specific complaints regarding the Foreign Office and the

consular service, but also because her people, though Lutherans like the

Swedes, are far more democratic in ideas and temper than the latter, and

because their high national pride makes them unwilling to appear to be

in any way subordinate to the sister kingdom. The case of Poland is a

simple one, because she has the memory of an independent kingdom

destroyed by force and fraud, and is different in religion, as well as

in speech, from the Russians who have annexed her. Had the peasant

population of the country shared the patriotism of the upper and middle

classes, Poland might possibly have succeeded in shaking off the yoke.

Even now her disaffection is a source of weakness to Russia. In Ireland

several currents of discontent have joined to produce the passion and

prolong the struggle for autonomy, or, in a very few of the more ardent

minds, for independence. There is the diversity of faith, which remains,

though that of language has almost vanished, a diversity embittered by

recollections of persecution. There are economic grievances, the memory

of the destruction of an industry in the last century, the more urgent

resentment at the exactions of landlords, and the peasants’ desire to

have a grip of the soil. There is an incompatibility of character and

temperament, due partly to historical conditions, partly to the old

antagonism of Celt and Teuton. All these have gone to create a passion

among the people to be recognized as a nation controlling its own

affairs, a passion which is the same in essence among those who would be

content with the possession of a subordinate legislature, and those, now

fewer than formerly, who would like to go further.

If the sources of the centrifugal force in Ireland are easily

explicable, and indeed so strong that had this force acted upon the

whole nation instead of only upon a majority which consists mainly of

the poorer and weaker part of the population, it would have before now

prevailed, those which induced the secession of the Southern States of

America are much less evident. Here there was no religious factor, nor

any revengeful feeling, nor any sense of an unjust or oppressive

control. The South had obtained more than its fair share of power and

influence in the councils of the Union. But the planters had persuaded

themselves that property in slaves and the whole slave-holding system

were threatened by the growing strength in the Northern and Western

States of an aversion to slavery, with a determination to check its

extension; and the irritation of feeling which a long struggle had

engendered, coupled with a growing dissimilarity of habits and ideas,

enabled the hot-headed oligarchy which controlled the Southern

population to drive it into separation. Possibly these causes would not

have been strong enough to provoke an armed conflict in a unified

country. It was the existence of State Governments, and the conviction

that the rights of the States, supposed to be guaranteed by the

Constitution, furnished a legal basis for secession, that spurred the

South into its desperate venture.

What then can the framing, or the manipulation in working, of a

Constitution do to reduce the power of such disruptive tendencies as we

have been considering?

They may of course be resisted by the employment of physical force. If a

government is sufficiently strong and resolute, and is supported by the

great majority of the nation, it may crush down the discontent of a

province or a section. It is however an axiom in free governments, and

ought to be an axiom in all governments, that physical force should

never be used when peaceful means will suffice. Coercion usually seems

easier, and naturally commends itself to the dull, the impatient, and

the violent, to imperious princes, arrogant ministers, and excited

majorities. But coercion, besides being a fatal expedient if it fails,

is often a bad expedient when it appears to succeed, for it leaves

smouldering discontent behind among the vanquished, and it is apt to

inflict a moral injury upon the victors, perhaps to warp for the future

their frame of government and to lower their political traditions.

Accordingly whenever a Constitution can be so drawn and worked as to

give the disjunctive tendencies just so much recognition as may disarm

their violence, and bring all sections of the nation and all parts of

the country to acquiesce in unity under one government, this course is

to be preferred. It may sometimes fail. Every expedient may fail. But it

has generally more promise of ultimate success than force has, for in a

free country force is not a remedy, but a confession of past failures

and a postponement of dangers likely to recur.

Among the methods which a Constitution may employ for the purpose

indicated, the following find a place.

It may enact certain securities against oppression, whether by the

executive or by the legislature, giving to such securities a specially

solemn sanction, and thus reassuring the minds of the citizens. This was

done by Magna Charta, by the Petition of Right, and again by the

American Federal and State Constitutions, and by the French Declaration

of the Rights of Man of 1789. It is usually done for the protection of

all subjects or citizens alike, but of course the benefit of such a

protection enures with special value for any section of the population,

or any province or group of provinces, likely to be specially exposed at

any given time to the abuses of power, because they are a minority whom

the Government, or the majority, may view with disfavour.

A Constitution may provide means for varying the general institutions or

laws of the State in such a way as to exempt particular parts of the

State from any legislation that might be opposed to their special

interests or feelings. The retention of Scotland as a distinct kingdom

after the union of the crowns in 1603, and as a distinct part of the

United Kingdom after the Treaty and Act of Union in 1707, has had most

beneficial effects in enabling Scotland to be treated separately where

it is fitting she should be. Her faith, her laws and judicature, her

system of local government, have remained almost intact, to the

satisfaction of her people, and with no injury to the cohesion of the

united monarchy[105]. Similarly the maintenance of Finland as a separate

Grand Duchy, with her own tongue, religion, laws and privileges,

guaranteed by the coronation oath of the Czar, has made the Finns loyal

and contented subjects, and has in no wise detracted from the strength

of Russia[106]. The cases of Hungary as towards the Austrian Monarchy,

and of Croatia as towards Hungary, are also in point.

-----

Footnote 105:

Though it must be admitted that the passing of legislation disapproved

by the majority of Scotch representatives, or the omission to pass

legislation which they demand, often elicits murmurs.

Footnote 106:

This wise policy seems unfortunately to be now (1900) on the point of

being abandoned, with results which every lover of freedom and

progress must regret.

-----

It may provide for relegating certain classes of affairs to local

legislatures, such as those of Croatia or Finland, areas which are not

only, like Scotland, political divisions retaining their old laws, but

also, unlike Scotland since the Union, communities enjoying local

autonomy. All Federations are managed on this system; and one can see in

the case of Canada the advantages it secures, for the Roman Catholics of

Quebec are able to have legislation diverse from that which the

Protestant majority desires in the other provinces of the Dominion.

It may assign certain administrative and, within limits, certain

legislative functions also to the inhabitants of minor local areas, such

as counties, empowering them to regulate their local affairs in their

own way. Provisions of this nature are not usually embodied in European

constitutional instruments. They are, however, to be found in the State

Constitutions of the American States. And they are really, in substance,

parts of any well-framed Constitution, for nothing contributes more to

the smooth working of a central government and to the satisfaction of

the people under it, than the habit of leaving to comparatively small

local communities the settlement of as many questions as possible. The

practice of local self-government and the love for it are not a

centrifugal force, but rather tend to ease off any friction that may

exist by giving harmless scope for independent action, and thus

producing local contentment. It is only where there exist grievances

fostering disruptive sentiments that the existence of local bodies with

a pretty large sphere of activity need excite disquiet.

It may exclude certain matters altogether from the competence of the

central government, and thereby keep them out of the range of

controversy. This principle has been wisely followed in the American and

Canadian and Swiss Federal Constitutions as regards religion in its

relations to the State. In some federations it has been similarly found

desirable to disable the several legislatures from dealing with topics

likely to produce dissensions among the members of the federation, or

otherwise to affect the cohesion of the nation. Thus in the United

States no State legislature can impose any duties on goods brought from

one State to another, nor in any wise interfere with commerce between

the States.

By these means a Constitution may prevent the disruptive forces in a

country from threatening the stability of the central government or the

unity of the State. To remove part of the material on which they might

work is to weaken their working, and to divert into safe channels the

political activity they would evoke. Although a Flexible Constitution

may accomplish this, if those who work it respect certain fundamental

principles and treat their querulous minorities in a conciliatory

spirit, the work is best done, and usually has been done, by a Rigid

Constitution, because this latter provides a guarantee to minorities, or

to subdivisions of the country, stronger than they can have under an

omnipotent legislature. In fact the existence of the grounds of

contention and possibilities of disruption we have been considering is

among the chief causes which have called Federal Governments and Rigid

Constitutions into being.

One further observation should be made before quitting this part of the

subject. Racial differences and animosities, which have played a large

part in threatening the unity of States, are usually dangerous only when

the unfriendly races occupy different parts of the country. If they live

intermixed, in tolerably equal numbers, and if in addition they are not

of different religions, and speak the same tongue, the antagonism will

disappear in a generation or two by social intercourse and especially by

intermarriage. When the right of full legal intermarriage had been

established, the fusion of the patricians and the plebs at Rome began.

So the Northmen in the tenth and eleventh centuries, so the

Norman-French in the eleventh and twelfth centuries, became blent with

the English. The Magyars and Saxons, though generally occupying

different parts of the country, and to some extent retaining each their

own speech, have in Transylvania now begun to melt into one. It is the

fact that they not only speak a different tongue but also profess a

different faith that keeps the Rumans of that province apart from both

Saxons and Magyars; and even these differences might in time cease to

operate did not these Rumans look across the mountains to a large Ruman

State into which they would gladly be absorbed. But in one set of cases

no fusion is possible; and this set of cases forms the despair of the

statesman. It presents a problem which no Constitution has solved. It is

the juxtaposition on the same soil of races of different colour.

This is a recent phenomenon in history. In the ancient world, almost all

the barbarous tribes whom Rome subdued and brought into her Empire were

sufficiently near the Italians and Hellenized Asiatics in physical

characteristics for intermarriage to go on freely. The Carthaginians,

who to be sure were not numerous, seem to have soon lost their

distinctive nationality: and that the Jews remained distinct was their

own doing, not that of the conquerors[107]. Even as towards Egyptians

and Numidians, who were certainly dark, one hears of little repulsion.

Besides, both races were intelligent, and the former in their way highly

civilized. With the African slave trade a new and a dolorous chapter in

history opens. In our own time it is the settlement of Europeans in

countries where the native holds his ground against the settler, as the

Kafir does in South Africa, and the aboriginal Peruvians and Araucanians

do in Western South America, or it is the influx of coloured immigrants,

like that of the Chinese in Western America and the Hawaiian Isles, that

raises, or threatens to raise in the future, this problem in an acute

form. A community in which there exist two or more race-elements

physically contrasted and socially unsusceptible of amalgamation cannot

grow into a really united State. If the coloured people are excluded

from political rights, there is created a source of weakness, possibly

of danger. If they are admitted, there is admitted a class who cannot

fully share the political life of the more civilized and probably

smaller element, who will not be consoled by political equality for

social disparagement, and who may lower the standard of politics by

their incompetence or by their liability to corruption. If the people of

colour are dispersed over the country among the Europeans, instead of

dwelling in masses by themselves, they may not act as a centrifugal

force, threatening secession, but they are a serious hindrance to the

working of any form of popular government that has been hitherto

devised, for they divide the population, they complicate political

issues, they prevent the growth of a genuinely national opinion.

-----

Footnote 107:

In two respects the Jews under the early Empire would seem to have

been above the average level of the civilized subjects of Rome. There

was apparently very little slavery among them; and there must have

been an exceptionally large proportion of persons able to read.

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Studies in history and jurisprudence, volume 1 (of 2) · 第 21 / 40 段