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å mere figure-head. He must accept recent reforms have transferred, or are the ministers tendered him by Parlia- transferring, the military administration ment, that is, the leaders of the Parlia- almost entirely from the office of the mentary majority, and he must dismiss Commander-in-chief to that of a Parliathem and receive others in their place mentary Minister of War. whenever Parliament may summon him The prerogative of war and peace reto do so. He must be entirely guided mains in the Crown, the assent of Parliaby these advisers, or rather he must al. ment not being necessary to a treaty on low them to act for themselves, in all a declaration of war; but the Foreign matters legislative and executive. When Minister who exercises the prerogative a ministry resigns, its chief names to the is, like his colleagues, responsible to Parking the person for whom he is to send liament. This is, however, perhaps the to form a new administration; and, by most substantial relic of the monarchithe rule of public life, the person

cal system.

It is the so of some named must be the leader of the party awkwardness in diplomacy, the power by which the government was turned of making treaties being in the Crown out. The prerogative of calling and dis- alone, while Parliament alone can pracsolving Parliament, like all other pre- tically give them effect, as appeared in rogatives, is in the hands of the minister, the case of the Luxembourg guarantee, by whom it is exercised under the estab- when the Foreign Minister was obliged lished limitation that a minister must to own that the engagement into which, not more than once appeal to the coun- in exercise of his constitutional authority, try by a dissolution of Parliament, but he had entered on behalf of the nation, must resign, as Sir Robert Peel did in would be practically of no value unless 1834, if he is defeated in a Parliament Parliament chose to vote tho forces for of his own calling. The Prime Minister the maintenance of the guarantee. makes all the appointments, subject only Socially, the sovereign, as the head of to the opinion of Parliament, or rather English society, may still exercise great to that of his own party. Sir Robert influence for good or evil. George IV. Peel, the most loyal of ministers, whose exercised great influence for evil; the great boast it was that he had served

present Queen has exercised great influfour sovereigns, would not allow the ence for good ; and it is pleasant to think Queen to appoint her own ladies of the how her domestic virtue has continued bedchamber. The king is not present, to shine, a quiet but unextinguished light nor would the ministers allow him to be of peace and good-wili amidst all the present, at the meetings of the cabinet. storms which have disturbed the friendly It has been said that his exclusion origi- relations between the two branches of nated in George the First's ignorance of her race. But, politically, the monarchy the English language, but it was obvious- is now nothing but a figure-head. The ly connected with the general alteration kings do not know this; the people hardly in the character of the government. know it. The kings read papers, can

The Commander-in-chief of the army vass appointinents, and fancy that meas. is still appointed by the sovereign, and ures emanate from themselves; so comis un-parliamentary, not going out of plete is the veil of constitutional illusion office with the Parliamentary ministers ; which conceals from them their real poa remnant of monarchical power which sition. The people pray to God every has at times caused some uneasiness. Sunday, when they recite the state liturBut in the first place not a soldier can gy, that their kings may have grace to be paid without a vote of money by the rule then well, talk about the character House of Commons; in the second place of the heir to the throne as though the the Mutiny Act, upon which the existence salvation of the country depended on it, of the army depends, is passed only for a and really feel a warm sentiment of loyyear at a time, so that it requires an- alty towards a governor whom they would nual renewal; and in the third place not permit to do any act of government.

Bat in fact public documents might al- Parliament. Foreign observers might most as well be signed by a stamp, which well be pardoned for not seeing what the would cost nothing,and would never cause English themselves did not see, and what the on anxiety by falling into the ex- a good inany of them do not see now. But cesses of youth. Uninterrupted experi- questions are hereby suggested as to ence in the forms of business may give the the soundness of political theories based king, if he is a man of any ability, some on the assumption of a real division of slight influence over his ministers, who power among the different members of a are always changing; but in great affairs constitution. Will not one member or the there can be no doubt that the policy of other ultimately draw supreme power to the nation both at home and abroad, du- itself ? Does not the legislative authority, ring the last Lalf century, has been the wherever it resides, virtually comprehend opposite of that which would have been the rest? We are led to inquire also how far dictated by the personal wishes of the the framers of the American Constitution kings.

may have been influenced by the current As the king has become a figure-head notions respecting the British Constituin England, the governors of colonies tion, when they took such pains to sepawho represent the king there have be- rate the executive from the legislative come figure-heads also. Being generally that the two cannot be brought into harmen of ability and political experience, mony, in case of a divergence of policy, they exercise some personal influence; and except by the extreme remedy of improbably their intervention frequently peachment? In the case of the Britieh mitigates the somewhat rough conflicts Constitution, the harmony between the of colonial politicians. But they are executive and the legislative cannot be inbound to be guided entirely by their con terrupted, because the moment they disastitutional advisers, the ministers im- gree, the ministry falls. The introduction posed on them by the Colonial Parlia- of the members of the American Cabinet ment. One of them was recalled the other into Congress obviously would not mend day for declaring that he would not ac- the matter; it would only breed fresh con. cept as his ministers a particular set of fusion, unless the President were reduced, statesmen, it being his constitutional duty like the British king, to a figure-head to accept the leaders of the majority, At present he has personal power, and whoever they might be. So that if any

America is an elective and terminable body is disposed to risk his life in iovad- monarchy, while Great Britain is a ing Canada because it is British, he will crowned republic. do well to reflect, before he leaves home, Constitutional fiction has played, in the that Canada is politically British only political development of England, a part in baving a British figure-head.

analogous to that played by legal fiction Through the transfer of power from the in the development of Ronian law. It king to parliamentary ministers the exe- has reconciled consecrated tradition with cutive has evidently been absorbed by rational innovation, and covered the the legislature. By Montesquieu and the march of progress. But by mistaking political philosophers of his age, it was our constitutional fictions for realities, held that the separation of these two and adopting them as actual modes of powers was essential to the existence of

government, some of our continental free government, and that the immediate neighbors have been led into strange paths. consequence of their union in the same “ To reign without governing” is a tickhands would be the ruin of the constitu- lish operation, requiring peculiar aptitudes tion. Yet at that very time the fatal and much practice both on the part of the event had really taken place; for the first kings and of the people. The constitutiontwo Hanoverian kings were completely al king for whose instruction M. Thiers in the hands of the Whig ministers who made the aphorism, found it so; and, in had set them on the throne, and who spite of his personal ability, or rather in themselves depended on a majority in consequence of his personal ability, had at

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last to get into his fiacre. English con- had passed the Commons by a large mastitutional monarchy, however, seems on jority on the wings of a great electoral the whole to have been useful to Europe as victory gained by the Whig party. a model of a transition polity, combining Through the revolution of 1688, the the royal name and personality to which reign of William, and the earlier part of the multitudes still cling, without which the reign of Anne, the House of Lords the multitudes in the Old World have retained the same important position, scarcely learnt to reverence government, and during this period it was the organ with the popular assemblies whose action of the Whig, or what we should now is to mould the democracy of the future. call the Liberal party, which put William

The instrument by which Parliament III. on the throne, and exercised through drew to itself the power once vested in him the power of nominating peers, while the king, was the power of the purse. the prospect of a Catholic reign was This instrument, of course, became more still alarming to the great houses which powerful when a national debt had been held the Church property distributed contracted, and the annual vote of Par

among the courtiers by Henry VIII liament had become necessary to save The House of Commons at this time was the government from bankruptcy. Yet rather the organ of the Tory party, to it would scarcely have sufficed to effect a which all the country squires and counradical change in the government had it try parsons belonged. It was at the not been working in accordance with the hands of the Tories, now the great degeneral tendency of the nation, and of fenders of the House of Peers, that the humanity at large, to pass gradually from power and dignity of that House first rehereditary to elective institutions. ceived a deadly blow. Twelve peers

The second of the two changes which were created at once by the Tory ministers form the substance of British consti- at the end of the reign of Anne, to swamp tutional history is the transfer of power the Whig majority in the House of Lords, from the House of Lords to the House and carry the disgraceful treaty of of Commons. In theory, and in the Utrecht. This expedient, to which Torypages of writers on constitutional law, the ism lighted the way, is now recognized House of Lords is a branch of the legis- as the ratio ultimato which the opponents lature, collateral and perfectly equal in of Toryism may resort in case the Tory authority to the House of Commons, sav- majority in the House of Lords should ing that all grants of money must origin- persist in obstructing on any vital quesate with the lower House. In the feudal

tion the progress of the nation. Formerage, it is needless to say, the House of

ly the importance of the House of Lords Lords was by far the more powerful of was indicated by the presence there the two. After the ruin of the old nobil- of the heads of the government. Harley ity in the Wars of the Roses, the import- and Bolingbroke both raised themselves ance of the Commons increased, though to the peerage, though Bolingbroke was both Houses were reduced to a state of

the most popular orator of the day; and extreme servility under the imperial the management of the House of Comsway of the Tudors. In the time of

mons was left to subordinate hands. Charles I. the House of Lords was coerced But Sir Robert Walpole, the great minby the Revolutionary party which ruled ister of George I. and George II. remainin the House of Commons, and it was at ed on system in the Commons. His exlast abolished, together with the mon- ample was followed by tho elder Pitt archy, for a brief period; but at the Re- during the period of his real power; storation it fully recovered its former po- though his popular name, “The Great sition, and showed that its power was at Commoner," marks that it was still a rarleast equal to that of the Commons by ity to see the first man in the kingdom throwing out the bill excluding the Ro

not a peer. It was followed by the man Catholic Duke of York, afterwards

younger Pitt, by Canning, Peel, PalmerJames II., from the throne, when the bill

ston, and Lord John Russell. Since Pitt's time, there have been several prime min- ed by a bias of the most noxious kind; isters in the House of Lords, but it is felt while nothing can be less conservative, in to be a great disadvantage to a govern- the true sense of the term, than an instiment. No statesman of mark wonld now tution which renders it necessary for the leave the House of Commons if he could nation, whenever vital reforms are to be help it, and Lord Salisbury manifestly carried, to lash itself up to the point of fumes in the exalted limbo to which the threatening with violence a branch of its misfortune of his birth has consigned him. legislature. Still the House of Lords retained a good The other constitutional monarchies deal of power, so long as the House of of Europe, in imitation of England, have Commons remained a glaringly inade- adopted a second chamber, which is now quate representation of the people, which regarded as indispensable; though exit did down to the Parliamentary Re- perience seems to suggest a doubt whethform of 1832. But since that measure the er the weakening of the sense of responcoequality of the two Houses has visibly sibility in the popular house of the ceased. In the passage of the Reform legislature does not more than counterBill of 1832 the House of Peers received vail the controlling influence of tho a heavy blow. After throwing out the senate; while if a safeguard against bill, it was coerced into passing it by the hasty legislation is the only object, this threat of a swamping creation of peers, the might be attained, without the complex royal consent to which had been extort machinery of two chambers, by giving ed by the Whig ministers. It was again minorities a power of suspensive veto. virtually coerced by the Commons the In the senates of Europe, however, but other day, in the case of the Irish Church a slight tincture remains of the hereditBill, which it passed under intimidation ary element, and this only in one or two after having distinctly taken up an atti- cases, the bulk of the senates being tude of resistance. No legislation of im- purely nominative or elective. The portance is now originated in the House hereditary upper house of England is the of Lords. The attendance is scandalously last leaf on the tree; and its lingering thin, and no exhortations will avail to existence is a curious instance of the improve it while the discussions are de- tendency of nations, which have for å void of interest. When Lord John Rus- time outstripped their fellows, to rest sell was made a peer, Punch represented satisfied with their own progress, and Lord Brougham as a Scottish door-keeper, ultimately to fall behind in the race. greeting the new-comer with “Ye'll find Aristocracy is dead. Like monarchy, it it unco dull here, Johnny.” Long since had its place in history, but its place divested of the semi-liberal character knows it no more. Its moral energy in which it wore in 1688, the IIouse of the feudal age was sustained by military Lords has completely yielded to the nat. and political duty, enforced by the stern ural bias of a privileged class, and its ex- exigencies of an iron time. Nothing is istence during the last century may be now left to it but privilege, which indescribed as a perpetual struggle to arrest variably saps the vigor, moral and even progress of every kind. The abolition physical, of the privileged class. Even of the slave-trade, and the reform of the its manners are gone. These scandals criminal code, were obstructed by the of aristocratic rowdyism at the universiLords, as well as the Parliamentary Re- ties, like the scandals of aristocratic form and the Disestablishment of the profligacy in social life, are the marks of Irish Church. The House is totally un- an incurable decay. The age of chivalry suited for the impartial revision of legis- has not departed, and never will depart; lation, being, as it is, not a fair represent- but the age of aristocratic chivalry deation of all interests, much less of the parted long ago. In no intelligent commature wisdom of the community, but munity can such a shadow of the past merely a representation of the narrow long be allowed to retain a veto on the class of great landowners, who are sway

progress of a nation.


It is probable that the English soluteiy repudiated the past, and called aristocracy will speedily be assailed in a the first year of their republic the Year vital part by the extension of the move- One. These dreams have vanished now, ment against the feudal land-laws from Since the American and French RevoluIreland to England. The retention of the tions a century has passed, more fruitland in a few hands, by means of primo- ful, perhaps, than all the centuries that geniture and entail, or rather settlement, went before it, of discovery in the hisis essential to the existence of a landed torical and political as well as in the aristocracy: but the social and econom- scientific sphere. We know that monical evils of the system, which are felt archy, and perhaps aristocracy, was with daily increasing force, have now natural and necessary to man in the clearly marked it for abolition.

early stages of his development; that Meantime, the House of Commons with the advance of intelligence and has itself become, what till recently it civilization, monarchy and aristocracy scarcely was, a popular assembly. Down out, and the day of elective to 1892 the franchise was so restricted, government arrived. The Jacobins could and the number of boroughs in the hands not have prevented the advent of electof great proprietors, close corporations, ive government, and they did very little or the government, was so large, that the to hasten it, though they were only too House could hardly be called elective. successful in connecting it with maligDown to 1867 the suffrage was still con- nant and hypocritical passions, and with fined to one seventh of the people. But a dogma of the divinity of the sovereign the Reform Act of 1867 has established people almost as false and as noxious as household suffrage in the cities and the old dogma of the divinity of kings. household suffrage for all above the We know, too, by sad experience, that peasantry in the counties. The era of elective government, so far from being the elective principle seems now, there the magic cure of all political ills, is itself fore, to have fairly arrived.

liable to distempers, which we have To the revolutionists of the last cen- hitherto done but little to cure. As the tury it seemed sufficient to enthrone the great distemper of monarchy was tyranelective principle and sweep away all ny, the great distempers of elective barriers against its full operation-to government are faction, demagogism, and establish, in fact, & despotism of the corruption. So far from having solved popular will. Nothing else, in their for us all political problems, and left us opinion, was needed in order to inaugu- nothing to do but to preserve and adrate a reign of perfect wisdom and hap- mire a perfect work, the framers of piness. They had not studied history, constitutions in the last century did not the foundation of political science, ra- see, nor was it possible that they should tionally; history hal not then been see, in what directions some of the chief rationally written. They were a good political problems lay. Our political deal misled by the false analogy of the condition may be, and doubtless is, an ancient republics, which were in fact improvement on the condition of the slave-owning oligarchies, where slavery generations which went before us, but solved all the questions of the Proleta- it is no more perfect or final than theirs. riat. In the philosophy of the Jacobins, The inauguration of the elective history down to their time had been one principle in England in 1688 was at once vast scene of wrong: the people, always followed by a manifestation, on the one capable of self-government, had been hand, of the virtues of the principle, its always ousted from it by kings who energy, and its progressive character; were invariably tyrants, aided by priests and, on the other hand, of its distempers, who were invariably impostors, and you especially of faction and corruption. had only to “strangle the last king William the Third tries to combine in with the entrails of the last priest," that his government men of ability, without the millennium might begin. They ab- distinction of party, and to induce them

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