thing exists. It is an ambitious name applied sometimes to the
Parliament of the British Isles which has no members from the
other nations, and whose power to enforce its legislation in the
other Britannic nations is denied. "By a fine tradition it has
the full dignity of sovereignty; but in reality it is as
impotent as the Continental Congress, and only less ridiculous
because it has learned from experience the timid wisdom not to
court rebuffs."[88-4]
Downing Street is often referred to. Downing Street is a term
used to sum up the six administrative departments of the British
Isles government: the Foreign Office, the Colonial Office, the
India Office, {89} the Admiralty, the War Office, and the Board
of Trade. Of these the India Office, does not enter into the
matters here discussed, and the Colonial Office "in its present
relations with the Dominions, . . . is in reality little more
than a clearing house of information and correspondence."[89-1]
The remaining four, _i.e._ the Foreign Office, the Admiralty,
the War Office, and the Board of Trade have their normal
administrative functions in the government of the British Isles.
They are filled by the ministry of the day, and hence are
responsible to the majority of the House of Commons and
ultimately to the British people. They are in no way
representative of, nor responsible to, the other five
self-governing nations. Through the theoretical veto of the
governors sent out from the British Isles, Downing Street is
supposed to wield its power and to prevent legislation in the
five younger nations that in matters touching foreign affairs is
contrary to the will of the British Parliament. As a matter of
fact, this veto is rarely exercised. Its exercise would be, "in
plain words, the tyranny of one Parliament over another--of one
democracy over another."[89-2] "The theory of the British
Constitution is, as it stands, clearly intolerable except in
disuse. The powers which are imagined to exist in it would never
stand the strain of being put in force."[89-2] What does happen
when a veto appears called for by Britannic safety is that the
Parliament of the younger nation is induced to reconsider
matters in the light of whatever {90} argument Downing Street
has at hand. Here, obviously, are not officials who as
executives and legislators are part of any common government.
They are part of only one government, viz. that of the British
Isles. Certain matters in government must proceed from a single
source. In the United States the federal government, which
represents all the people and each state, has this in its charge
and has machinery by which to enforce its power. Among the
Britannic nations, the government of one of them controls these
matters with no other machinery than persuasion to enforce its
often debated authority.
A member of the British Ministry of 1913 is quoted as saying
that "the only political organisations common to the whole
Empire, . . . are the Crown, the Judicial Committee of the Privy
Council, and the Committee of Imperial Defence, but not one of
them has any executive or legislative power."[90-1] By "the
Crown" is meant the power of Downing Street just discussed. The
Judicial Committee of the Privy Council of the British Isles is
the supreme appellate court for courts under the British flag
outside the British Isles. A like function is performed for
British Isles courts by the House of Lords. There is no single
court of appeal for the six Britannic nations.[90-2]
Consequently, the Judicial {91} Committee of the Privy Council
can hardly be called an institution common to all these nations,
even were its activity not so limited as to be negligible. As to
the Committee of Imperial Defence, in it "the Dominion
representatives are guests and not constituents."[91-1]
All this is to say that through certain makeshifts and
survivals, whose forms and functions are nowhere clearly
defined, the governments of the six Britannic nations come in
occasional contact with each other.
Such is the complexity of the English-speaking world control,
and such is its lack of uniformity of classification and naming,
that it is not safe to say the five new nations and the British
Isles and the United States are the only English-speaking
autonomous groups. "The British Empire exhibits forms and
methods of Government in almost exuberant _variety_." [91-2] For
example, the Isle of Man and the Channel Islands and such
outposts of Pan-Angle civilization as Pitcairn and Tristan da
Cunha might well be considered self-governing. These areas are
omitted from enumeration in this discussion, not by reason of
any lack of appreciation of their worth, but because the
inclusion of these many assets and liabilities of the Pan-Angle
concern would unduly expand this discussion. These groups have
their respective positions with the several Pan-Angle nations to
which they are to a greater or less degree connected. On the
continued career of the seven Pan-Angle nations {92} depend the
political existences of a multitude of these smaller Pan-Angle
localities.
Moreover, no direct discussion of the politics of any of the
many dependencies is here made. Their needs are not for their
own solving. Our control we try to make materially beneficial to
their inhabitants by "giving them only what is good for them,
not always what they want."[92-1] Our control of ourselves is
based on the entirely opposite theorem of taking what we want,
not necessarily what someone else thinks is good for us. In
short, we govern our dependencies in one way, ourselves in quite
another. The dependent countries which "belong to" the several
nations may present many problems to the Pan-Angles, but these
form no "part of" the Pan-Angle problem. This is no place to
question whether Seeley was justified in his doubt as to the
value of India to the British Isles.[92-2] Enough here to
acknowledge that our present economic policy leads many of our
seven nations to believe that the holding of dependencies,
especially in the tropics, is of value. To enumerate all these
dependencies would be tedious and needless. It is only to
distinguish the dependent from the independent that space is
here given to the subject.
A united government over and between these seven Pan-Angle
nations would be unaffected by the existence of these
possessions. At the present {93} time New Zealand and Australia
hold dependencies. This in no way interferes with their being
somehow, as they believe, parts of a political entity with the
British Isles. Similarly, in case of the uniting of the seven
Pan-Angle nations, New Zealand and Australia could each retain
its dependencies, and the United States could retain its
dependencies, without impairing the success of a Pan-Angle
government. The history of our civilization shows that such a
complicated procedure is the way of natural growth among
Pan-Angle peoples.
"Empire," from its long association with states builded of
conquered peoples, is no fit word to use for a voluntary
combination of Pan-Angles. Nor would any form of government be
acceptable that blotted out the individuality that each of the
seven nations has established. They are members of a great
civilization, each to-day practically self-supreme. Whatever
arrangement they may choose to enter upon to protect themselves
and their civilization, they will wish to continue always
nations.
[79-1] Richard Jebb, _Studies in Colonial Nationalism_, London,
1905, p. 187.
[80-1] Sir Wilfrid Laurier at the Dominion Day Banquet, 1902;
quoted Richard Jebb, _Studies in Colonial Nationalism_, London,
1905, p. 1.
[80-2] General Botha at South African Nationalist Congress,
November 24, 1913; quoted in _The Times_ Weekly Edition, London,
November 28, 1913.
[81-1] Area in Per cent White Per cent
sq. miles of total population of total
area 1911 population
New Zealand 103,658 .92 1,008,468 .71
Australia 2,974,581 26.59 4,455,005 3.15
South Africa 473,954 4.23 1,276,242 .81
Newfoundland 162,750 1.45 242,966 .17
Canada 3,729,665 33.34 7,204,838 5.10
British Isles 121,089 1.08 45,211,888 32.03
United States 3,617,949 32.35 81,735,623 57.91
Total 11,183,646 141,135,030
In comparison with the above figures, England contains 50,890
square miles and 34,045,290 population. United States and South
Africa contain 9,828,294 and 4,697,152 respectively of negroes,
which together with other non-whites are excluded from the
figures in the above table, These figures are based on
_Whitaker's Almanack_, London, 1913, pp. 584, 603, 660-667; and
_Britannica Year Book_, London, 1913, pp. 680, 682,663, 678,699,
703, 714, 557.
[81-2] Auckland to Sydney, 1264; Wellington to Sydney, 1233;
Bluff to Hobart, 940; and St. John's to Glasgow, 1859 miles.
[82-1] _Round Table_, London, September 1912, p. 753, quoting
_New Zealand Herald_, Auckland.
[83-1] The British Isles is here used in preference to United
Kingdom. None of the other Pan-Angle nations are "kingdoms ";
and the term is applicable only historically to that democratic
group of people of which England contains the largest portion.
For a modern Pan-Angle attitude, see W. H. Moore, _The
Constitution of the Commonwealth of Australia_, 2nd ed.,
Melbourne, 1910, p. 66, where he says concerning the naming of a
nation: '"Kingdom of Australia' would be acceptable to none."
[83-2] _Ency. Brit._, vol. xxvii. p. 612: "The United States,
the short title usually given to the great federal republic
which had its origin in the revolt of the British colonies in
North America, when, in the Declaration of Independence, they
described themselves as 'The Thirteen United States of America.'
Officially the name is 'The United States of America,' but 'The
United States' (used as a singular and not as a plural) has
become accepted as the name of the country; and pre-eminent
usage has now made its citizens 'Americans,' in distinction from
the other inhabitants of North and South America."
[84-1] C.P. Lucas, _Historical Geography of the British
Colonies_, vol. iv., _South Africa_, Oxford, 1913, pt. i., pp.
146-147.
[85-1] _An Analysis of the System of Government throughout the
British Empire_, London, 1912, p. 58: "It should be remembered
that in theory there is nothing to prevent the Parliament of the
United Kingdom legislating for the internal affairs of a
self-governing colony or even imposing taxation on such a
colony."
[85-2] _Round Table_, London, September 1913, pp. 588-589.
[86-1] Sir Wilfrid Laurier at Sorel, September 28, 1904, quoted
in Richard Jebb, _Studies in Colonial Nationalism_, London,
1905, p.151.
[86-2] F. S. Oliver, _Alexander Hamilton: An Essay on American
Union_, London, 1906, p. 448.
[86-3] Lord Milner, November 3, 1908, at Canadian Club,
Montreal, in Lord Milner, _The Nation and the Empire_, London,
1913, p. 362.
[87-1] Alfred Caldecott, _English Colonization and Empire_,
London, 1891, p. 134.
[87-2] Richard Jebb, _Studies in Colonial Nationalism_, London,
1905, p.272.
[88-1] J.R. Seeley, _The Expansion of England_, London, 1883,
p.296.
[88-2] _Round Table_, London, May 1911, p. 232.
[88-3] _Ibid._, February 1911, p. 167.
[88-4] F. S. Oliver, _Alexander Hamilton: An Essay on American
Union_, London, 1906, p. 449.
[89-1] _Round Table_, London, September 1913, p. 590.
[89-2] F. S. Oliver, _Alexander Hamilton: An Essay on American
Union_, London, 1906, p. 449.
[90-1] _United Empire_, London, January 1914, p. 1.
[90-2] _United Empire_, London, October 1913, p.767: ". . .
there is no ultimate court of appeal for the Empire as a whole.
A proposal to create one, by fusing the judicial functions of
the House of Lords, which hears United Kingdom appeals, and the
Privy Council, which hears appeals from oversea, has long been
favoured by Australian statesmen." Cf. _The Times_ Weekly
Edition, London, August 22, 1913, "An Imperial Court of
Appeals."
[91-1] _United Empire_, London, January 1914, p. 1.
[91-2] Alfred Caldecott, _English Colonization and Empire_,
London, 1891, p. 121.
[92-1] W. C. Forbes, lately Civil Governor of the Philippine
Islands, Address concerning the Philippines, before Boston City
Club, November 20, 1913, quoted in _Boston City Club Bulletin_,
Boston, January 1, 1914, p. 40.
[92-2] J.R. Seeley, _The Expansion of England_, London, 1883, p.
11.
{94}
V
GOVERNMENTAL PRACTICES
THE seven Pan-Angle nations are similar in their forms of
government. This similarity is often obvious, but even where
differences of procedure seem to exist the foundations of
government are still the same.
In each of the nations the people rule. In each they follow in
governing three practices: ultimate control on all questions is
in the voters; immediate legislative control is in legislatures
composed of representatives who act on behalf of the voters, and
subject to restrictions, if any, by the voters only; and
executive or administrative control is in charge of elected
persons. If "a country where a large portion of the people has
some considerable share in the supreme power would be a
constitutional country,"[94-1] then these seven nations are more
than constitutional countries, for in them the people not only
have "some considerable share," but are the final judges on any
matters which they desire to adjudicate. As such these nations
meet Burke's definition of a free government: "If any man asks
me what a free government is, I answer, that, for any practical
purpose, it is what the people think {95} so,--and that they,
and not I, are the natural, lawful, and competent judges of the
matter."[95-1]
Ultimate control in all these nations is secured to the voters
by elections and referenda. By these two means the voters choose
their representatives and sometimes actively participate in
legislation. Often, too, they state the forms under which their
representatives shall work and limit the work they shall be
allowed to perform. In the British Isles there is no formal
limitation on the power of the representatives elected to the
House of Commons. In the other six nations the elected
representatives are empowered to act only in certain fields.
Their power is conveyed to them through written instruments or
constitutions which are beyond their control. All power in
either case lies ultimately in the voters, whether through the
ballot and their ability to defeat at the polls alone, or
through this plus a written constitution. Accordingly, as
already stated, all seven of our nations have constitutional
governments. Outside the British Isles they are, in a sense,
doubly constitutional, because not only is this power of
election in the voters, but the framework, or written
constitution, of each government under which the representatives
must act is likewise in the control of the voters.
The word constitution[95-2] is variously used in Pan-Angle {96}
parlance, and it may be well here to discuss some of its
meanings.
The Constitution of the British Isles consists partly of laws,
determining the form of government, which have been passed at
various times and are still in force. To this extent it is
written. The bulk of the Constitution, however, lies in a mass
of tradition, and depends for its force upon the respect in
which Parliament holds that tradition. For this reason the
British Constitution is frequently called "unwritten." "In one
important respect England differs conspicuously from most other
countries. Her constitution is to a large extent _unwritten_,
using the word in much the same sense as when we speak of
unwritten law. Its rules can be found in no written document,
but depend, as so much of English law does, on precedent
modified by a constant process of interpretation {97}. Many
rules of the constitution have in fact a purely legal history,
that is to say, they have been developed by the law courts, as
part of the general body of the common law. Others have in a
similar way been developed by the practice of parliament. Both
Houses, in fact, have exhibited the same spirit of adherence to
precedent, coupled with a power of modifying precedent to suit
circumstances, which distinguishes the judicial tribunals. In a
constitutional crisis the House of Commons appoints a committee
to 'search its journals for precedents,' just as the court of
king's bench would examine the records of its own decisions. And
just as the law, while professing to remain the same, is in
process of constant change, so, too, the unwritten constitution
is, without any acknowledgment of the fact, constantly taking up
new ground."[97-1] "'Constitutional law,' as the expression is
used in England, both by the public and by authoritative
writers, consists of two elements. The one element, which I have
called the 'law of the constitution' is a body of undoubted law;
the other element, which I have called the 'conventions of the
constitution,' consists of maxims and practices which, though
they regulate the ordinary conduct of the Crown and of Ministers
and of others under the constitution, are not in strictness laws
at all."[97-2] It must be borne in mind that Parliament, and
Parliament alone, can change these laws of the Constitution, and
that the change can occur whenever a majority of Parliament so
decides. {98} What these traditions are changes from year to
year and even from day to day--in fact, it is difficult to find
two Britishers who will agree on what is the Constitution at a
given date, so greatly are these traditions a matter of
personal, not national, conviction.
In each of the other Pan-Angle countries the Constitution
consists of laws and traditions similar to those in the British
Isles, plus a written document (or documents) which is a power
of attorney limiting in certain ways the power of the national
representatives-be they executive, judicial, or legislative.
These written documents are either enactments of the Parliament
of the British Isles, or successors to such enactments. The
Canadian Constitution was drafted in London by delegates from
the Canadian colonies and various British officials,[98-1] and
was passed by the British Isles Parliament, March 29, 1867, to
take effect July 1. It was never submitted to the people,[98-2]
although it was pleaded that the general election which ensued
was "virtual ratification." The Australian Constitution, drafted
by Australians in a national constitutional convention, ratified
by referenda in each colony,[98-3] now to become a "state," was
altered by the British Isles Parliament only in reference to the
clause which prohibited appeals to the King in Council, and was
passed by that Parliament July 9, 1900, to take effect January
1, 1901. The South {99} African Constitution was drafted in
South Africa by South Africans in a national constitutional
convention, ratified by the legislatures in three of the South
African provinces, and in Natal by a referendum of the voters,
was altered by the British Isles Parliament only in reference to
matters affecting "natives" and "Asiatics," and was passed by
that Parliament September 20, 1909, to take effect May
31,1910.[99-1] The Constitutions of New Zealand and Newfoundland
are to be found in the charters and enactments framed in London
for their government, and are historically similar in
composition to the constitutions of the thirteen American
colonies. The American Constitution was based on the previous
experience of the race, especially as acquired under various
colonial charters. It was drafted at a national convention, and
was subsequently ratified by state representative conventions
successively. The work of the National Convention "was a work of
selection, not a work of creation, . . . the success of their
work was not a success of invention, always most dangerous in
government, but a success of judgment, of selective wisdom, of
practical sagacity,--the only sort of success in politics which
can ever be made permanent."[99-2] The American people changed
governmental responsibility from the British Isles to
themselves, but did not and could not change the source of their
ideas.
Such written documents are so often referred to as "The
Constitution" that citizens of some of the {100} six younger
nations often assume that "The Constitution" is the whole
Constitution of their respective governments. The first such
written power of attorney to the legislators, and as such an
expression of the views then held by a certain body politic, was
signed aboard the _Mayflower_ in 1620.[100-1] This Constitution
by which the forty-one signers "solemnly and mutually . . .
covenant and combine ourselves together into a civil body
politic, for our better ordering and preservation and
furtherance of the ends aforesaid; and by virtue hereof to
enact, constitute and frame-[laws]--unto which we promise all
due submission and obedience,"[100-2] did not, however,
supersede all other, including unwritten, governmental
traditions of that body politic. Constitutions written later
have similarly left for their respective groups much continuing
tradition, that has been respected and has been enlarged upon.
We have written down that which we felt strongly about, but we
have also continued other customs. Written "constitutions" have
been expressions of public belief as to the form of framework of
any given body politic, but for interpretation they have had to
rely on unwritten or previously written tradition, as developed
to meet arising needs. The mere writing has not arrested our
constitutional growth nor rendered inflexible our governmental
forms.
The American Constitution consists really of {101} two portions,
the written and the unwritten. The tenacity with which the
nation clings to certain traditions never put in writing or even
at variance with the spirit of the writing, makes it advisable,
if not absolutely necessary, so to consider it. Lord Bryce,
familiar with the nature of the British Constitution, calls the
usages that have grown up apart from the written Constitution
"parts of the actual or (so to speak) 'working'
Constitution"[101-1] of America. As illustrative of the latter
he mentions certain American customs: "The president practically
is limited to two continuous terms of office. The presidential
electors are expected to vote for the candidate of the party
which has chosen them, exercising no free will of their own. The
Senate always confirms the nominations to a cabinet office made
by the President."[101-2] These instances, of what he calls the
American working Constitution, are supported by the same force
that maintains the entire British Constitution--public opinion.
To the Britisher, this point of view is thoroughly natural. He
has at home a Constitution which is also compounded of written
and unwritten parts. To the American this phraseology may sound
strange, for he has long been accustomed to think the
"Constitution" refers to a particular written document and the
judicial decisions thereunder. For the unwritten or working
basis of his government he has had no word.
The real difference in the two Constitutions must be sought in
the amending power. To the amending of the unwritten portions of
either there is no check on Parliament or on Congress, other
than public {102} opinion. To the amending of the written
portion of the British Constitution, there is likewise no check
other than public opinion. Parliament amends the written and
unwritten portions of the Constitution,--at the will of a
majority of the House of Commons. Congress cannot so amend the
written portions of the American Constitution; that is a
prerogative of the voters alone. Therein lies the mystery of the
alleged respective "flexity" and "rigidity" of the two. But the
mystery is less, and the distinctions of flexity and rigidity
grow of uncertain value when it is realized that both
Constitutions are being constantly changed by the genius of our
race. As in the case of our laws, our Constitutions are being
steadily interpreted in accord with the will of the voters. That
we do not change more suddenly is due to the conservative, yet
discreet, action of our representatives, sanctioned by the
voters.