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In comparing the Constitution of the United States with the Constitution of the British Empire, we find an apparent resemblance in form as respects the Anglo-Saxon colonies, but underlying the surface a total difference of principle. The United States is an aggregate of homogeneous and contiguous States which, in order to weld themselves into a nation, gave up a portion of their rights to a central authority, reserving to themselves all powers of government which they did not expressly relinquish.

The British Empire is an aggregate of many communities under one common head, and is thus described by Mr. Burke in 1774, in language which may seem to have been somewhat too enthusiastic at the time when it was spoken, but at the present day does not more than do justice to an Empire which comprises one-sixth of the habitable globe in extent and population:–

“I look, I say, on the Imperial rights of Great Britain, and the privileges which the colonies ought to enjoy under those rights, to be just the most reconcilable things in the world. The Parliament of Great Britain sits at the head of her extensive Empire in two capacities: one as the local legislature of this island, providing for all things at home immediately and by no other instrument than the executive power; the other, and I think her nobler capacity, is what I call her Imperial character, in which, as from the throne of heaven, she superintends all the several Legislatures, and guides and controls them all without annihilating any. As all these provincial Legislatures are only co-ordinate with each other, they ought all to be subordinate to her, else they can neither preserve mutual peace, nor hope for mutual justice, nor effectually afford mutual assistance.”[9]

The means by which the possessions of Great Britain were acquired have been as various as the possessions themselves. The European, Asiatic, and African possessions became ours by conquest and cession; the American by conquest, treaty, and settlement; the Australasian by settlement, and by that dubious system of settlement known by the name of annexation. Now, what is the link which fastens each of these possessions to the mother country? Surely it is the inherent and indestructible right of the British Crown to exercise Imperial powers–in other words, the supremacy of the Queen and the British Parliament? What, again, is the common bond of union between these vast colonial possessions, differing in laws, in religion, and in the character of the population? The same answer must be given: the joint and several tie, so to speak, is the same–namely, the sovereignty of Great Britain. It is true that the mode in which the materials composing the British Empire have been cemented together is exactly the reverse of the manner of the construction of the American Union. In the case of the Union, independent States voluntarily relinquished a portion of their sovereignty to secure national unity, and entrusted the guardianship of that unity to a representative body chosen by themselves. Such a union was based on contract, and could only be constructed by communities which claimed to be independent. Far different have been the circumstances under which England has developed itself into the British Empire. England began as a sovereign power, having its sovereignty vested at first solely in the Sovereign, but gradually in the Sovereign and Parliament. This sovereignty neither the Crown nor the Parliament can, jointly or severally, get rid of, for it is of the very essence of a sovereign power that it cannot, by Act of Parliament or otherwise, bind its successors.[10] This principle of supremacy has never been lost sight of by the British Parliament. Their right to alter or suspend a colonial Constitution has never been disputed. Contract never enters into the question. The dominant authority delegates to its subordinate communities as much or as little power as it deems advantageous for each body, and, if it sees fit, resumes a portion or the whole of the delegated authority. The last point of difference to be noted between the American Constitution and the Constitution of the British Empire is the fact that as Minerva sprang from the brain of Jupiter fully equipped, so the American Constitution came forth from the hands of its framers complete and, what is of more importance, practically in material matters unchangeable except by the agony of an internecine war or some overwhelming passions. The British Empire, on the other hand, is, as respects its component members, ever in progress and flux. An Anglo-Saxon colony, no less than a human being, has its infancy under the maternal care of a governor, its boyhood subject to the government of a representative council and an Executive appointed by the Crown, its manhood under Home Rule and responsible government, in which the Executive are bound to vacate their offices whenever they are out-voted in the Legislature. Changes are ever taking place in the growth, so to speak, of the several British possessions, but what is the result? Nobody ever dreams of these changes injuring the Imperial tie or the supremacy of the British Parliament, that alone towers above all, unchangeable and unimpaired; and, what is most notable, loyalty and devotion to the Crown–that is to say, the Imperial tie–so far from being weakened by the transition of a colony from a state of dependence in local affairs to the higher degree of a self-governing colony, are, on the contrary, strengthened almost in direct proportion as the central interference with local affairs is diminished. On this point an unimpeachable witness–Mr. Merivale–says: “What, then, are the lessons to be learnt from a consideration of the American Constitution and of our colonial system? Surely these: that Imperial unity and Imperial supremacy are in no degree dependent on the control exercised by the central power on its dependent members.” Facts, however, are more conclusive than any arguments; and we have only to look back to the state some forty years ago of Canada, New Zealand, and the various colonies of Australia, and compare that state with their condition to-day, to come to the conclusion that the fullest power of local government is perfectly consistent with the unity of the Empire and the supremacy of the British Parliament. Under the old colonial Constitutions the Executive of those colonies was under the control of the Crown; and Mr. Merivale says “that the political existence consisted of a series of quarrels and reconciliations between the two opposing authorities–the colonial legislative body and the Executive nominated by the Crown.” England resolved to give up the control of the Executive, and to grant complete responsible government–that is to say, the Governor of each colony was instructed that his Executive Council (or Ministry, as we should call it) must resign whenever they were out-voted by the legislative body. The effect of this change, this relaxing, as would be supposed, of the Imperial tie, was magical, and is thus described by Mr. Merivale:[11]