, 1879-08-13
"pEspoNstpLE GOVERNMENTS" !"

wny in which tho writer statos tho dIatino-
lions hctwoon tho Englisll and tho American
Constitutions. Tho nuthor Is ATr. EDWARD
4. FREEMAN, m English historical writor OF
much prominence.
Tho English Parliament hns logal exist
onco which may not cxcood aevon years.
The rrsacnt Parliament wns e1sotad In 1871,
and will legally oxpira III 1881, hut s,lcll d
thing as tho dissolution Of Parliament by tho
expiration Of ita torn has never occurred,
nor Is It lilsoIy over to OCCUR. Parliament Is
always brought to n close by dissolution,
Antl the act Of dissolution Is always tho not
Of Tho King or Queen. netting by the stlvice
ofthe Minister'S Custom hasfessonod tho tfmo
Of Parliament to not exceeding Aix yoazs.
Tho effect Of dissolution Is to cud the
exiatenco Of tho Two Houses as Parliament.
While nil the mombcrs of the House of Com
mons coaso to bo mombers, and may or may
not be re-elcctcd, n portion Of the House Of
Lords, who Aro elected, nlso oease 10 DO
tnombers. Tho great bndy Of the Lords,
however, arc horaditary legislators, md nre
entitled to sents In the now Parliament !;
nevertheless they will not sit by continuous
succession from tho previous Parliament.
but by wholly frosh ceremonies OF admission.
Thoy will sit by ylrtuo Of fresh summons
from tho Grown md Of a fresh oath taken Mt
the beginning Of the next Parliament. The
House Of Lords, rs body capable Of moet-
ing and acting, porishes just rs mnoh as tho
Commons by the dissolution OF ono Parlia-
mont, md comes 10 life again only by tho
moat,ug Of tho next
Tho powor Of dissolution Is tho powor of
putting an end to the being of both 1Ionses
Of Parliament before the timo 1xod when
they would coma to m end by the operation
Of law. Mr.. FREEMAN points ont that this
powor is by no mems necessarily involved in
the action Of tho executive branch Of tho
Government, Tho President OF the United
statos is vested with many Of tho powers Of
kinRship, but tho spocially Mngly power Of
putting an ond to tho existonco Of the Nh
tional Legislature is not ono Of them. Tho
Executive Of Switzerland has no such power,
nor could it be exercised there. The Presi-
dent Of tho Federal Council has no Kingly
powers, nor any powers apnrt from those of
tho Council of which he is tho Chairman.
By tho present French Constitution tic power
of dissolution of the Assembly ia vested In
the President, to be exercised ouly BY tho
consent Of the sennto. In England tho
power exists without restriction; In Franco
with restrictions; in Bwltzorland It canno
exist; and in tho United Sta!oa dooa
| not exist nt all. III accounting for
these differences, tho writer refers to
tho comparatively brief terms Of the
American Congress two years, md OF the
Swiss Assembly three years, mud to tha pos
Aible pr,,donoo, whero the term Ia possibly
seven years, Of having tic power somewhere
In case Of mood. This, however, is not tho
origin Of tho difference, Tho English King
Ind the power When tho Lifetime Of Parlia-
| mont was only thtoo years. Ha finds tie
! causo In the liiforont natures of tito Goyorn-
mentg.
Tho Kings power OF ilissolving Parliament
is part Of tho theory of tho Kingly office.
Tho lawyors' theory looks on tho King M
the root md oontra Of everything; l.o is the
ono fonntnin from which oil power, nil honor,
eyon oil property, Is held to flow. Lawyers
read history backward; they commonly mis-
tako cause for effect, md tho effect for tho
canse. Tha King gradually became MI thnt
tho lawyers say that he is, and ho remains
all that the lawyers say that l,e is. INT he
became 10 mero!y because the lawyors oiloso
to say that ho was 10, not because llo Ind
either been go from tho beginning or had
bacome 60 from any formal enactment.
From tho lawyers theory Of the Kingly power
it follows TINT tho Parliament In tho Kings
Parliament, ns tho ar1ny Is tho Kings army,
es the courts Of Inv aro tho Kings oourts
Tie Parliament is HISTORICALLY so called ba-
cause 1t came toRetler to talk. to parlty,
with tho King. Tho Spoakor is no callol
because ho was tho great instrument Of such
talk or pnFley,-tho moutllptoce through
which, tho Commons spoke to the King. In
the lawyers theory, Parliament Is IN assem-
bly, which derives its power to talk or to do
anything olso wholly from tho Ktng's grant.
1n tllis theory, on Parliament ia called into
being by tho Kings wnt, I,o who called 1t
into being can at any moment put m end to
ita being.
No such theory M this could evor grow up
III tho caso Of Republican Executive. It Ia
not moro question Of power. Tho rresl-
dent may have narrower range Of power
than King, aud yet havo f1oar exercise
within that range. Tho President may ba
more powerful tLan the King mud less pow.
crtul than q Kings Minister. Tae King has
au unfsttered power Of veto, but It Ia never
exercised. No such power exists In 6witxor.
lantl. In America tho President las q
conditional power, wh!c!. il froely exereisod.
No mattos how enlarged tho torn Of tho
prealdeus, nor how mngnifial his powera
might b., no ono would assert that tho a.hcr
powors OF tho State were drawn from lin.
Parliament nny 10 dissolved for various rca-
soos-for refusal Of supplies for refusing
legislation tho King approves, or because Of
legislation he dishpprovosl ho may do this to
gatn a ,nore favorable Legislature; he may
dissolve friendly Parliament near itH close,
hoping by its Reelection to perpotuate its
cxistauca for longar term. In tho United