Part 362

"A remarkable phenomenon of the last hundred years is the impetus that has been given to the development of Federal institutions. There are to-day contemporaneously existing no less than eight distinct Federal Governments. First and foremost is the United States of America, where we have an example of the Federal Union in the most perfect form yet attained. Then comes Switzerland, of less importance than the United States of America, but most nearly approaching it in perfection. Again we have the German Empire [see CONSTITUTION OF GERMANY], that great factor in European politics, which is truly a Federal Union, but a cumbrous one and full of anomalies. Next in importance comes the Dominion of Canada [see CONSTITUTION OF CANADA], which is the only example of a country forming a Federal Union and at the same time a colony. Lastly come the Argentine Republic, Mexico, and the States of Colombia and Venezuela [see CONSTITUTIONS]. This is a very remarkable list when we consider that never before the present century did more than two Federal Unions ever coexist, and that very rarely, and that even those unions were far from satisfying the true requirements of Federation. Nor is this all. Throughout the last hundred years we can mark a growing tendency in countries that have adopted the Federal type of Government to perfect that Federal type and make it more truly Federal than before. In the United States of America, for instance, the Constitution of 1789 was more truly Federal than the Articles of Confederation, and certainly since the Civil War we hear less of State Rights, and more of Union. It has indeed been remarked that the citizens of the United States have become fond of applying the words 'Nation' and 'National' to themselves in a manner formerly unknown. We can mark the same progress in Switzerland. Before 1789, Switzerland formed a very loose system of Confederated States—in 1815, a constitution more truly Federal was devised; in 1848, the Federal Union was more firmly consolidated; and lastly, in 1874, such changes were made in the Constitution that Switzerland now presents a very fairly perfect example of Federal Government. In Germany we may trace a similar movement. In 1815, the Germanic Confederation was formed; but it was only a system of Confederated States, or what the Germans call Staatenbund; but after various changes, amongst others the exclusion of Austria in 1866, it became, in 1871, a composite State or, in German language, a Bundestaat. Beyond this, we have to note a further tendency to Federation. In the year 1886, a Bill passed the Imperial Parliament to permit of the formation of an Australasian Council for the purposes of forming the Australasian Colonies into a Federation. Then we hear of further aspirations for applying the Federal system, as though there were some peculiar virtue or talismanic effect about it which rendered it a panacea for all political troubles. There has, also, been much talk about Imperial Federation. Lastly, some people think they see a simple solution of the Irish Question in the application of Federation, particularly the Canadian form of it, to Ireland."

_Federal Government (Westminster Rev., May, 1888, pages 573-574)._

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"The federal is one of the oldest forms of government known, and its adaptability to the largest as well as to the smallest states is shown in all political formations of late years. States in the New and in the Old World, all in their aggregation, alike show ever a stronger tendency to adopt it. Already all the central states of Europe are federal—Switzerland, Germany, Austria [see AUSTRIA: A. D. 1866-1867, and 1866-1887]; and if ever the various Sclav principalities in south-eastern Europe—the Serb, the Albanian, the Rouman, the Bulgar, and the Czech—are to combine, it will probably be (as Mr. Freeman so long ago as 1862 remarked) under a federal form,—though whether under Russian or Austrian auspices, or neither, remains to be seen. … In the German lands from early ages there has existed an aggregation of tribes and states, some of them even of non-German race, each of which preserved for domestic purposes its own arrangements and laws, but was united with the rest under one supreme head and central authority as regards its relation to all external powers. Since 1871 all the states of Germany 'form an eternal union for the protection of the realm and the care of the welfare of the German people.' For legislative purposes, under the Emperor as head, are the two Houses of Assembly; first, the Upper House of the Federated States, consisting of 62 members, who represent the individual States, and thus as the guardian of State rights, answers very closely to the Senate of the American Union, except that the number of members coming from each state is not uniform, but apportioned. … Each German state has its own local constitution and home rule for its internal affairs. Generally there are two chambers, except in some of the smallest states, the population of which does not much exceed in some cases that of our larger towns. … Since 1867 the Austro-Hungarian monarchy has been a political Siamese twin, of which Austria is the one body, and Hungary the other; the population of the Austrian half is 24 millions, and that of Hungary about 16 millions. Each of the two has its own parliament; the connecting link is the sovereign (whose civil list is raised half by one and half by the other) and a common army, navy, and diplomatic service, and another Over-parliament of 120 members, one-half chosen by the legislature of Hungary, and the other half by the legislature of Austria (the Upper House of each twin returns twenty, and the Lower of each forty delegates from their own number, who thus form a kind of Joint Committee of the Four Houses). The jurisdiction of this Over-parliament is limited to foreign affairs and war. … The western or Austrian part of the twin … is a federal government in itself. … Federated Austria consists of seventeen distinct states. The German element constitutes 36 per cent. of the inhabitants of these, and the Sclav 57 per cent. There are a few Magyars, Italians, and Roumanians. Each of these seventeen states has its own provincial parliament of one House, partly composed of ex-officio members (the bishops and archbishops of the Latin and Greek Churches, and the chancellors of the universities), but chiefly of representatives chosen by all the inhabitants who pay direct taxation. Some of these are elected by the landowners, others by the towns, others by the trade-guilds and boards of commerce; the representatives of the rural communes, however, are elected by delegates, as in Prussia. They legislate concerning all local matters, county taxation, land laws and farming, education, public worship, and public works. … Turning next to the oldest federation in Europe, that of Switzerland, which with various changes has survived from 1308, though its present constitution dates only from 1874, we find it now embraces three nationalities—German, French, Italian. The original nucleus of the State, however, was German, and even now three-fourths of the population are German. The twenty-two distinct states are federated under one president elected annually, and the Federal Assembly of two chambers. … Each of the cantons is sovereign and independent, and has its own local parliament, scarcely any two being the same, but all based on universal suffrage. Each canton has its own budget of revenue and expenditure, and its own public debt."

_J. N. Dalton, The Federal States of the World (Nineteenth Century, July, 1884)._

FEDERAL GOVERNMENT: Canadian Federation.

"A convention of thirty-three representative men was held in the autumn of 1864 in the historic city of Quebec, and after a deliberation of several weeks the result was the unanimous adoption of a set of seventy-two resolutions embodying the terms and conditions on which the provinces through their delegates agreed to a federal union in many respects similar in its general features to that of the United States federation, and in accordance with the principles of the English constitution. These resolutions had to be laid before the various legislatures and adopted in the shape of addresses to the queen whose sanction was necessary to embody the wishes of the provinces in an imperial statute. … In the early part of 1867 the imperial parliament, without a division, passed the statute known as the 'British North America Act, 1867,' which united in the first instance the province of Canada, now divided into Ontario and Quebec, with Nova Scotia and New Brunswick and made provisions for the coming in of the other provinces of Prince Edward Island, Newfoundland, British Columbia, and the admission of Rupert's Land and the great North-west. Between 1867 and 1873 the provinces just named, with the exception of Newfoundland, which has persistently remained out of the federation, became parts of the Dominion and the vast Northwest Territory was at last acquired on terms eminently satisfactory to Canada and a new province of great promise formed out of that immense region, with a complete system of parliamentary government. … When the terms of the Union came to be arranged between the provinces in 1864, their conflicting interest had to be carefully considered and a system adopted which would always enable the Dominion to expand its limits and bring in new sections until it should embrace the northern half of the continent, which, as we have just shown, now constitutes the Dominion. It was soon found, after due deliberation, that the most feasible plan was a confederation resting on those principles which experience of the working of the federation of the United States showed was likely to give guarantees of elasticity and permanency. The maritime provinces had been in the enjoyment of an excellent system of laws and representative institutions for many years, and were not willing to yield their local autonomy in its entirety. The people of the province of Quebec, after experience of a union that lasted from 1841 to 1867, saw decidedly great advantages to themselves and their institutions in having a provincial government under their own control. The people of Ontario recognized equal advantages in having a measure of local government, apart from French Canadian influences and interference. The consequence was the adoption of the federal system, which now, after twenty-six years' experience, we can truly say appears on the whole well devised and equal to the local and national requirements of the people."

_J. G. Bourinot, Federal Government in Canada (Johns Hopkins University Studies, 7th Series, numbers 10-13), lectures 1-2._

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FEDERAL GOVERNMENT: Britannic Federation, Proposed.

"The great change which has taken place in the public mind in recent years upon the importance to the Empire of maintaining the colonial connection found expression at a meeting held at the Westminster Palace Hotel in July 1884, under the guidance of the Right Hon. W. E. Forster, who occupied the chair. At that meeting—which was attended by a large number of members of Parliament of both parties, and representatives of the colonies—it was moved by the Right Hon. W. H. Smith: 'That, in order to secure the permanent unity of the Empire, some form of federation is essential.' That resolution was seconded by the Earl of Rosebery, and passed unanimously. In November of the same year the Imperial Federation League was formed to carry out the objects of that resolution; and the subject has received considerable attention since. … I believe all are agreed that the leading objects of the Imperial Federation League are to find means by which the colonies, the outlying portions of the Empire, may have a certain voice and weight and influence in reference to the foreign policy of this country, in which they are all deeply interested, and sometimes more deeply interested than the United Kingdom itself. In the next place, that measures may be taken by which all the power and weight and influence that these great British communities in Australasia, in South Africa, and in Canada possess shall be brought into operation for the strengthening and defence of the Empire. The discussion of these questions has led to a great deal of progress. We have got rid of a number of fallacies that obtained in the minds of a good many persons in relation to the means by which those objects are to be attained. Most people have come to the conclusion stated by Lord Rosebery at the Mansion House, that a Parliamentary Federation, if practicable, is so remote, that during the coming century it is not likely to make any very great advance. We have also got rid of the fallacy that it was practicable to have a common tariff throughout the Empire. It is not, in my opinion, consistent with the constitution either of England or of the autonomous colonies. The tariff of a country must rest of necessity mainly with the Government of the day, and involves such continual change and alteration as to make uniformity impracticable. … I regard the time as near at hand when the great provinces of Australasia will be confederated under one Government. … When that has been done it will be followed, I doubt not, at a very early day, by a similar course on the part of South Africa, and then we shall stand in the position of having three great dominions, commonwealths, or realms, or whatever name is found most desirable on the part of the people who adopt them—three great British communities, each under one central and strong Government. When that is accomplished, the measure which the Marquis of Lorne has suggested, of having the representatives of these colonies during the term of their office here in London, practically Cabinet Ministers, will give to the Government of England an opportunity of learning in the most direct and complete manner the views and sentiments of each of those great British communities in regard to all questions of foreign policy affecting the colonies. I would suggest that the representatives of those three great British communities here in London should be leading members of the Cabinet of the day of the country they represent, going out of office when their Government is changed. In that way they would always represent the country, and necessarily the views of the party in power in Canada, in Australasia, and in South Africa. That would involve no constitutional change; it would simply require that whoever represented those dominions in London should have a seat in their own Parliament, and be a member of the Administration."

_C. Tupper, Federating the Empire (Nineteenth Century, October, 1891)._

"Recent expensive wars at the Cape, annexations of groups of islands in the neighbourhood of Australia, the Fishery and other questions that have arisen, and may arise, on the North American continent, have all compelled us to take a review of our responsibilities in connection with our Colonies and to consider how far, in the event of trouble, we may rely upon their assistance to adequately support the commercial interests of our scattered Empire. It is remarkable that, although the matters here indicated are slowly coming to the surface, and have provoked discussion, they have not been forced upon the public attention suddenly, or by any violent injury or catastrophe. The review men are taking of our position, and the debates as to how best we can make our relationships of standing value, have been the natural outcome of slowly developing causes and effects. Politicians belonging to both of the great parties in the State have joined the Federation League. The leaders have expressly declared that they do not desire at the present moment to propound any definite theories, or to push any premature scheme for closer union of the Empire. The society has been formed for the purpose of discussing any plans proposed for such objects. The suggestions actually made have varied in importance from comprehensive projects of universal commercial union and common contributions for a world-wide military and naval organization, to such a trivial proposal as the personal recognition of distinguished colonists by a nomination to the peerage."

_The Marquis of Lorne, Imperial Federation, chapter 1._

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"Many schemes of federation have been propounded, and many degrees of federal union are possible. Lord Rosebery has not gone further, as yet, than the enunciation of a general principle. 'The federation we aim at (he has said) is the closest possible union of the various self-governing States ruled by the British Crown, consistently with that free development which is the birthright of British subjects all over the world—the closest union in sympathy, in external action, and in defence.' … The representation of the Colonies in the Privy Council has been viewed with favour, both by statesmen and by theoretical writers. Earl Grey has proposed the appointment of a Federal Committee, selected from the Privy Council, to advise with the Secretary of State for the Colonies. The idea thus shadowed forth has been worked out with greater amplitude of detail by Mr. Creswell, in an essay to which the prize offered by the London Chamber of Commerce was awarded. 'The Imperial assembly which we want,' says Mr. Creswell, 'must be an independent body, constitutional in its origin, representative in its character, and supreme in its decisions. Such a body we have already in existence in the Privy Council. Its members are chosen, irrespective of party considerations, from among the most eminent of those who have done service to the State. To this body colonists of distinguished public service could be elected. In constituting the Imperial Committee of the Privy Council, representation might be given to every part of the empire, in proportion to the several contributions to expenditure for Imperial defence.' The constitution of a great Council of the Empire, with similar functions in relation to foreign affairs to those which are exercised in the United States by a Committee of the Senate, is a step for which public opinion is not yet prepared. In the meanwhile the utmost consideration is being paid at the Foreign Office to Colonial feelings and interests. No commitments or engagements are taken which would not be approved by Colonial opinion. Another proposal which has been warmly advocated, especially by the Protectionists, is that for a customs-union between the Mother-country and the Colonies. It cannot be said that at the present time proposals for a customs-union are ripe for settlement, or even for discussion, at a conference of representatives from all parts of the empire. The Mother-country has been committed for more than a generation to the principle of Free-trade. By our policy of free imports of food and raw materials we have so cheapened production that we are able to compete successfully with all comers in the neutral markets of the world. … It would be impossible to entertain the idea of a reversal of our fiscal policy, in however restricted a sense, without careful and exhaustive inquiry. … Lord Rosebery has recently declared that in his opinion it is impracticable to devise a scheme of representation for the Colonies in the House of Commons and House of Lords, or in the Privy Council. The scheme of an Imperial customs-union, ably put forward by Mr. Hoffmeyer at the last Colonial Conference, he equally rejects. Lord Rosebery would limit the direct action of the Imperial Government for the present to conferences, summoned at frequent intervals. Our first conference was summoned by the Government at the instance of the Imperial Federation League. It was attended by men of the highest distinction in the Colonies. Its deliberations were guided by Lord Knutsford with admirable tact and judgment; it considered many important questions of common interest to the different countries of the empire; it arrived at several important decisions, and it cleared the air of not a few doubts and delusions. The most tangible, the most important, and the most satisfactory result of that conference was the recognition by the Australian colonies of the necessity for making provision for the naval defence of their own waters by means of ships, provided by the Government of the United Kingdom, but maintained by the Australian Governments. Lord Rosebery holds that the question of Imperial Federation depends for the present on frequent conferences. In his speech at the Mansion House he laid down the conditions essential to the success of conferences in the future. They must be held periodically and at stated intervals. The Colonies must send the best men to represent them. The Government of the Mother-country must invest these periodical congresses with all the authority and splendour which it is in their power to give. The task to be accomplished will not be the production of statutes, but the production of recommendations. Those who think that a congress that only meets to report and recommend has but a neutral task before it, have a very inadequate idea of the influence which would be exercised by a conference representing a quarter of the human race, and the immeasurable opulence and power that have been garnered up by the past centuries of our history. If we have these conferences, if they are allowed to discuss, as they must be allowed to discuss, all topics which any parties to these conferences should recommend to be discussed, Lord Rosebery cannot apprehend that they would be wanting in authority or in weight. Lord Salisbury, in his speeches recently delivered in reply to the Earl of Dunraven in the House of Lords, and in reply to the deputation of the Imperial Federation League at the Foreign Office, has properly insisted on the chief practical obstacle to a policy of frequent conferences. Attendance at conferences involves grave inconvenience to Colonial statesmen. … In appealing to the Imperial Federation League for some practical suggestions as to the means by which the several parts of the British Empire may be more closely knit together, Lord Salisbury threw out some pregnant hints. To make a united empire both a Zollverein and a Kriegsverein must be formed. In the existing state of feeling in the Mother-country a Zollverein would be a serious difficulty. The reasons have been already stated. A Kriegsverein was, perhaps, more practicable, and certainly more, urgent. The space which separates the Colonies from possible enemies was becoming every year less and less a protection. We may take concerted action for defence without the necessity for constitutional changes which it would be difficult to carry out."