New-York tribune., 1902-06-14
MR. BRYCE'S ESSAYS.
so,rr NOTABLE EXAMPLES OF HIsToK-
ICAL INVESTIGATION

In this very substantial volume-too supstai-
,ial for comfort in reading-Mr Bryce mas
gathered together a large numoer oi
composed at different times over iohe Seiie'
of wears Most Of them are clearly the pIou-
-. r etudies that were made for his we'll
known hooks on The Holy Roman Empire
and THE American Commonwealth, or are
.,,,,,,,,,..ed bv those studies Many of the es-
e ara concerned with comparisons of the
r,or,an law and polity with the English. IN
,-ario1,s aspects such are those on Inc fNolldli
Empire and the British Empire in lndla' Inc
Extension of Roman and English Law Ihroush-
ont the World Methods OF Law Making III
Rome and in England The History OF Lesdl
T1eveioprnent at Rome and in England ana
Marriage and Divorce in Roman and in Eng
l!sh Law" One deals with American luIIsPi u
5enca THE Constitution of the United States
as Seen in the Past" while there are many allu-
sions TO American practice in some OF the o1heI
ESSAYS Primitive Iceland" is a STUDY OF d re-
rnarkable and isolated development OF national
r,oltv and abstract subjects are treated IN sew
eral chapters These pages all show the deep
learning the candor and the breadth oi We"
that have made Mr.. Bryce one Of the foremost
of modern authorities in jurisprudence.
His con7pa rfson of the Roman Empire with
+he British is based on the Indian possessions
of the latter 1t is an admirable example OF the
thoroughness and logical quality Of his "orh-
He points out first. that England, thouSh Ie-
moved so far from her Indian empire Is pet'eI
placed than Rome respects the outlying
parts of the Roman Empire on account OF the
greater facility Of communication Both CHI
,ires were acquired by military force, and gov
arrad with military rule: both had advantageous
frontiers and the development of the Roman
territory by the building of roads is paralieleo
bv the extensive construction Of military ran
roads in India Mr.. Bryce points out ho"eEei'
that while the Roman roads. being highways ol
commerce as we'll as of war. contributed 10
draw the peoples Rome ruled together INTO one
imperial nationality. the British railways pIiie
ing the Indian inhabitants into closer 1ouch
with one another are slowly breaking down the
demarcations of caste and tending toward an
assimilation of jarring elements, which, IN tle
absence OF such attachment ana 4oEaiS oS
rhe Romans succeeded in securing, might De
come an element of danger against which
Britain has never yet had TO take precautions
The internal peace and good order that Rome
maintained in her dominions is surpassed by
that in India
As TO standards of administration, the com
harrison is all in England's favor; for, though
she began with the corruption OF Hastings
wholesome principles we're soon estaoIsheo anu
have never since been forgotten. Both govern
rnents were thoroughly despotic, leaving noun
ing TO he done by the people; to both hnance
vas a standing difficulty. Both employed ma
-i,es in subordinate posts and in the army, out
with this difference that is instructive ana goes
down to the foundation of the dfferences pe-
tween Roman and English rule; Ihe suoJecls
of Rome became Romans and played great
mart in imperial history, but the Indian never
becomes an Englishman. The difference IN coioi
and the rules of caste form barrier to fusion
srch as never existed in the ancient world
The warnings to he derived from the fate OF
Rome Mr. Bryce finds to be these: Rome per-
ished from her difficulties with hnance anu 'he
poverty of the cuItivator; from the want ol
men and money; perhaps also, from the want
Of wisdom The chief danger against Whlch
England has guard herself is that OF proVoh-
ing discomfort by too heavy taxation, and there
is the much more remote one of q people hnaHy
united through the disappearance OF reiglous
and caste differences, and discontented with an
alien rule But though questions such as these
are now purely speculative, Mr. Bryce concludes
that severance from India while il would mean
\ for the subject country confusion. bloodshed
ii and pillage. would mean for England no lasting
INJURY
To he mistress Of a vast country whose re
sorrres for defence need TO he supplemented by
her own adds indeed to her fame. but does
not add to her strength. England was great
and noZyerful before she owned yard Of land
ebere and might be great and powerful again
with no more foothod in the East than would
he needed for the naval fortresses when pro-
rect her commerce
The article on Roman and English Law is
an instructive comparison Of the extent to
which the two systems spread throughout
the world. At the present time the Roman law
commands wider area of the earths surface
and determines the relations of larger mass
of mankind. But the English law is increasing
in influence more rapidly and while neither Is
likely to overpower absorb the other. they
may draw nearer together. On the whole. the
,,roerees Of the world is toward uniformity Of
law.
In his discussion OF Flexible and Rigid Con-
stitutions" Mr Bryce again recurs to the Ro-
man model Of the former sort, which he com
mares 70 that of Great Britain. 1t is a mistake,
he argues to believe that flexible constitutions
are less sta bic than rigid The most sa-
cred rules and principles of the British consti-
tuition might be abolished in day by the House
Of Commons; yet the main lines of the frame Of
government have remained substantially the
same for more than two centuries The truth
is that stability depends not on the form of the
constitution. but the social and economic
forces that stand behind IT. rigid constitu-
ton. on the other hand, may be really less
stable than a flexible. under circumstances Of
stress: for which Mr.. Bryce finds illustra-
ton in the history OF the slavery question in
the United States 'Cn so grand scale that no
other illustration is needed Rigid constitu-
tions may also be slowly nibbled away" by the
action of the judiciary in interpreting them by the
legislature with the concurrence, honest or dis
honest of the judiciary. and by the executive
manipulation Of places on the bench. But here.
TOO it is only public opinion and established ira
6ition that will avail to prevent them; and II is
on such public opinion that all free government
must in the last resort rely