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;