CHAPTER XXX.

THE ENGLISH AND AMERICAN CONSTITUTIONS

COMPARED.

RAND as our Republic is, others besides ourselves can claim a share in its

glory. While always patriotic, we should also ever be just. Our Constitution, with all its majesty, is not beyond improvement, and much which lends it grace and strength we owe to foreign lands. Let us not, therefore, boast of a perfection we do not possess, nor withhold from others the tribute they deserve. Indebted though we are, in many respects, to Greece and other nations of the East, it is from England, the great battle-ground of our civilization, that we have received the most precious safeguards of civil liberty. The history of the English people is our history, and every American boy and girl should study it as such. It will show you how, for centuries, our English forefathers resisted the oppressions of the crown, and you will understand how the countless blessings of the victories they won have descended to the generation of to-day. From the time when King John gave way before the power of the United Barons, to the time when the scepter of the Stuarts was placed within the hands of William, Prince of Orange, the history of the English people is replete with deeds of valor and of patriotism which should be familiar to us all. These matters I cannot here recount or even attempt to explain; but until you understand these great events, you cannot properly prize the advantages you enjoy, or realize how sacred is the debt due to the land of our ancestors.

Not only does Congress in its simple rules of procedure proclaim the Parliament of Great Britain as its model, but in the general design of our federal legislature and in many other features of our Constitution, we are constantly reminded of how much we have borrowed from the Constitution of England. The points of difference, however, are as noticeable as those of resemblance; and I shall try to compare the two governments and show, by a brief sketch or parallel, in what respects they differ and in what respects they are alike. Let me,

therefore, view their general outlines as they stand to-day; the limits of a single chapter will not permit me to go into details. If at any part of these chapters I carry you beyond your depth, perhaps your fathers will come to the rescue with history and dictionary to help you out.

As far back as 1536, in the reign of Henry VIII., the little dominion of Wales was merged into the Kingdom of England, to which the Isle of Man and other adjacent territory already belonged; on the 1st day of May, 1707, the kingdoms of England and Scotland were, by formal articles of union, united into one kingdom under the name of Great Britain; and by similar articles, which took effect on the 1st day of January, 1801, Great Britain and Ireland were joined into one kingdom, under the name of The United Kingdom of Great Britain and Ireland, with one common government seated at London. This common government is in the form of a limited monarchy, with a Queen (whose title is hereditary, and whose power is limited), a Parliament, and a Judiciary. By the articles of union, both Scotland and Ireland were stripped of their local governments; they accepted as their monarch the King then occupying the English throne, and agreed to the "succession " (that is, the line of hereditary reigning sovereigns), as the English Parliament had declared it. In short, the English Parliament merely opened its door to allow a certain number of representatives from Ireland and Scotland to enter, and, with this exception and its extended power, the English government went on as if nothing had happened. So that to-day, after centuries of disturbance and struggle, the authority of that government is supreme not only in the Kingdom, but in the colonies and dependencies throughout the world.

government, yet not with equal power; and these class distinctions arrange the nation into one long line, with a regular order of superiority recognized and observed in social as well as official circles. First in the order of precedence, as it is called, stands "Her Majesty the Queen," or the reigning sovereign. The heir apparent to the throne ("His Royal Highness the Prince of Wales," as he is designated) stands second; next come other princes and princesses of the blood royal; then follows the Archbishop of Canterbury, and then a regular succession down through the line of clergy, nobility, and commonalty, with slight variations in favor of high officers of the state, ending with "gentlemen, yeomen, tradesmen, artificers, and laborers."

The people of the United States of America are not separated into political classes. The Government is representative in form;. all male citizens, whether native-born or naturalized, over the age of twenty-one years, including public officers, are, with few exceptions, entitled to vote,--the vote of the laborer being equal in power to the vote of the President. And as to such States as have imposed property conditions or otherwise denied or abridged the right to vote, the Constitution provides that their representation shall be proportionately reduced. We have no established religion, no titles of nobility,- both are expressly prohibited. The only distinctions we recognize are "people" and "servants of the people"; the former class consisting of the "private citizens," the latter class embracing all officers in the public service; and while, by the etiquette of the White House and the social circles of Washington, a certain order of precedence is observed, this distinction is confined to the arrangement of seats at the dinner-table or to the momentous question as to which of two ladies shall make the first call on the other. These distinctions do not touch the national interests, nor does anybody care for them, outside of the city of Washington.

In England, the great powers of government are not distributed among three distinct and independent departments. The Parliament, as the legislative department of the Government, is the supreme power in the realm; yet, its authority is more than simply legislative. It possesses judicial functions, and practically wields all the rights and powers of the sovereign. The title to the crown is hereditary; the succession, however, may be changed by Parliament at any time. As the head of the nation, the Queen is, in theory, vested with the executive powers of government, and she is also a part of the legislative power, but, as a fact,

the executive functions of the Crown are exercised by the ministry, or cabinet, chosen from the political party that has a majority in the House of Commons. They exercise these functions in the name of the sovereign. The Queen is said to be the fountain of honor, of justice, and (by a feudal fiction invented by William the Conqueror) of property. But the real, personal power of the sovereign in the important affairs of government has long since been absorbed by Parliament and the courts.

The courts of justice are composed of judges selected from the legal profession. In theory, they are the agents of the Crown; they are created by the exercise of the royal prerogative, in the hands of the parliamentary ministry, and are, in fact, subordinate only to the supremacy of Parliament itself.

In our republic, the powers of sovereignty are committed to three distinct and independent departments. The Congress, as the legislative department of the Government, is, of course, the supreme power; yet, mighty though it is, it can not transcend its legislative jurisdiction. The President is elected by the people; he holds office for four years, and Congress has no power beyond counting the electoral votes, and providing, by law, what person shall temporarily occupy the Presidential office in the event of the death or disability of the President and Vice-President. The President is the head of the nation and, as Chief Magistrate, the judicial writs of Federal courts run in his name. He can not bestow "honors." The property of this country is "allodial," or "not feudal "; we have no "lord paramount"; we owe no one "feudal allegiance"; we are all sovereigns ourselves, and expect the President to serve us. He is expressly charged with the performance of the executive affairs of government, and, in the performance of his constitutional duties, he can not be disturbed by Congress or the courts. His Cabinet advisers and other subordinate officers he selects of his own free-will, regardless of the partisan complexion of either House, although the consent of two-thirds of the Senate is necessary to the appointment of his principal assistants. He is a great personal power in the Government. Federal judges are appointed by the President with the consent of the Senate; and the mandate of the Supreme Court is final and binding upon all. The Judicial Department is as independent as the Executive.

The

The Parliament consists of the Crown and the "three estates of the realm," the Lords spiritual, the Lords temporal, and the Commons. It is divided into two bodies, the House of Lords and

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The

the House of Commons. The House of Lords is composed of the first two estates of the realm, the Lords spiritual and the Lords temporal. Lords spiritual are the archbishops and the bishops; they represent the Church. The Lords temporal are the dukes, marquises, earls, viscounts, and barons; they represent the peerage, or nobility. Most of the English peers sit in Parliament by right of inheritance; but, as in the case of the Lords spiritual, their titles are derived from the Crown, and their number may be increased at any time by the sovereign, acting through the ministry. The peerage of Scotland is entitled to elect a certain number of its members to seats in the House of Lords, but the terms of such members expire upon the dissolution of a Parliament. The peerage of Ireland has a similar right; the members elected by it, however, holding their seats for life.

The House of Commons is composed of the third estate, and consists of knights, citizens, and burgesses, representing the counties, cities, and boroughs of the kingdom. They are elected by the great body of the commonalty, subject to certain property and other restrictions.

The Congress consists of two bodies of men the Senate and the House of Representatives. The members of the Senate are elected by the legislatures of the several States, each State being entitled to a representation of two. The number of senators can only be increased by the admission into the Union of additional States; nor can any State be deprived of its equal suffrage in the Senate without its own consent. The House of Representatives is composed of representatives of the people of the republic, duly elected by the people, the representation being proportioned among the several States in the ratio of population, although each State is entitled to at least one representative. The people of each organized territory have, by Congressional enactment, the right to elect a delegate to Congress, who occupies a seat in the House, but is not permitted

to vote in the enactment of laws.

The House of Lords represents the clergy and the nobility, and its majority may be controlled by the ministry of the Commons wielding the royal power of increasing the number of lords, spiritual or temporal. The Senate represents the States, as independent sovereignties, and is not

subject to be increased by the caprice of any other clique or body.

The House of Commons represents the people of the kingdom; yet the right to vote is still denied to thousands of the commonalty.* The House of Representatives represents the people of the republic, and the right to vote is practically universal.†

The House of Lords is presided over by the Lord Chancellor, who is, by virtue of his office, its Speaker. The Senate is presided over by the Vice-President, who is, by virtue of his office, its President.

The House of Commons elects its own Speaker from among its own membership, but goes through the formality of getting permission to do so from the Crown. The House of Representatives chooses its Speaker from its own membership as a right conferred by the Constitution, and not by the grace of any one.

Each House of Parliament makes its own rules, and regulates its own affairs, and the members of both enjoy freedom from arrest (except in certain cases), and from legal responsibility for words uttered in debate. The same privileges extend to each House of Congress, and to the members of both.

In England the House of Commons has the exclusive right of originating all money-bills, and the power of impeachment, and also has the authority of a Court of Record to punish for contempt. The House of Lords is the Supreme Court of law in the kingdom, and has also the exclusive power to try impeachments. In legislative matters, "three peers may wield all the authority of the House, and forty members constitute a quorum in the House of Commons."

In America the House of Representatives has the exclusive right of originating all measures for raising revenue, and the exclusive power of impeachment. The Senate has the exclusive right to ratify treaties and confirm executive appointments, and try impeachments. But neither House has general authority to punish for contempt, nor can either do any business without the presence of a majority of its members.

be summoned and the members of the House of Commons elected as before. The duration of a Parliament depends upon enactments, and, unless dissolved, it may, under the present law, run for seven years. When dissolved, there is no specified time for convening another. The annual supplies of money for the public service, voted by Parliament, necessitate at least one session every year. In speaking of "prorogation" and "dissolution" by the Crown, it is to be understood that "the Crown" means "the Ministry." When the administration of a ministry meets with dissatisfaction, and a vote of "want of confidence" is passed by Parliament, the Ministry are expected to resign or "dissolve" the Parliament, and thus, by bringing about a new election, enable the people of the kingdom to testify their support of the policy of the Ministry, by returning to the House of Commons the friends of the old administration, or to * From a photograph by G. W.

A Congress can not extend beyond two years, and upon its expiration all public matters before it fall to the ground except impeachment trials in the Senate. It is required to assemble at a stated time at least once in every year, and the President may call an extra or special session of both Houses, or either of them, when deemed advisable. He is also authorized to adjourn a session when the Houses can not agree upon a question of adjournment. The termination of a Congress puts an end to the House of Representatives; the members of the new House, however, are at once ready to organize, having been elected by the people the preceding fall. The Senate is continuous; only one-third of its membership being changed with every Congress.