New-York tribune., 1906-07-23
LETTERS TO TIE EDITOR
REPLIES TO MR. READE.
Letter on English and american
Constitutions Criticised
10 the Editor Of The Tribune.

40 the Editor of The Tribune
-, in ms letter printed in your issue of the 9Th
% on the subject Of the reported utterances OF
s-Sop ,, Fottei-the report understood however, to
''OA cohhfmation-Ar. Compton Reade refers TO his
"H Feeble contributions" in prose and verse
- p''heing about more cordial feeling be-
49,, Ail'eflcans and Englishmen, and employs one
R"se mat demands attention. He SAYS Bishop
utter ike other Americans may have expected
700 much IN the way OF appreciation Of democratic
and have mistaken our dlstrust Of your
04rstltution for dislike of your people,"
"hen he says Our distrust he obviously means
,Ae ulstrnst OF Englishmen, and implies that they
LOOK upon our democracy from the standpoint Of
e"oSe VINO are happy in being subjects OF a realm
IN which democratic principles and practices are
Iess oomiEant than they are here. IT seems worth
recalling at this point that Professor A. v Dicey
iiieilah professor of English law at oxford and a
Oehcher of the Inner Temple. In his recent work
on Law and Public Opinion in England During
'he 1Nlheteenth Century says of England that no
one can doubt that considerably before 1900 the
H1Hs4lsh constitution had been transformed into
something like democracy" that 1.-The transition
lhen' from an arstocracy to a democracy Is un-
oeniaole' He then inquiries whether in that fact
may NOT De found the main and simple cause OF all
the principal changes in the law of the land's
Mr.. Dlcey is a lawyer of great distinction ana IN
quoung him desire simply to Indicate that though
the man of letters and the average Englishnan
may nave failed to perceive the occurring OF this
revolutionary transformation those whose business
thoroughly comprehend it. I take the liberty of
referring, without further quotation 70 Mr. Dicey's
earlier work. "The Law of the Constitution" in
Whlcn IS presented more elaborate study Of both
the British and the American constitutions
Another Englishman, the late Sir Henry Maine
author Of Ancient Law" and other works that
to the student Of political institutions are classic
in his Popular Government disc, 5 our insti-
tutions and those of Great Britain in a still moro
pronounced way. He says, concerning the en-
IL oh
There is a common impression that the Ameri-
can House Of Representatives was somehow in
tended to be a more democratic assembly than our
House OF Commons, but this is a vulgar error"
He adds: ''The House of Representatives is a much
more exclusive legislative body than either the
senate OF the United States the British House
OF commons He explains how governmental
functions are kept distinct, under our Constitu-
uon; that legislatively ''every measure therefore
mas IT'S true beginning in the bosom of a strictly
legislative body; its procedure is that of a DO
lucaI BODY which considers that its proper func-
lion is not executive, but legislative" He con-
trasts with this the British House of Commons
Mnen, ne says has since 1852 taken under it's
nrt r1ent OF tIreat Britain, and much of the gov
einment OF her colonies and dependencies
-, ne lndlcates what complete revolution this
mas involved in their constitution saving: The
MonteaSquieG his memorable maxim concernine the
eh6ecoeve th legislative and judicial powers has in
executive is the true source of legislation the
executive Government eessaH5iy bi1 c1no@T9ed t with
Commons has assumed supervision of the Whole
executive government the most Important mart Of |
me eLecnye i've work OF legislation. for it is in the
ali the gislsye C5oRet has % fsen to Itself nearly
it in particular of the whole riebf Of nit9ton
On the other hand, he says: "On the whole there
= Only one country in which the question of the |
eminent mas been adequately discussed. and the
tSs4Its OF the discussion tested by experiment. |
@ lnat Is the United States of America American |
experience has, think shown that bv wise con-
sututlonai provisions thoroughly thought ont ba-
Quoting the Fifth Article Of o9r
commenting on the stability given to our fnstitII
y urne involved in effecting any amendment he /
avs. concerning the British constitution by way
u contrast: But Of all the infrmities of our Com
tltutlon in its decay, there is none more serious
nan ths absence of any special precautions to be
ounda tions of our political system'-this resuItnS
With as little formality as is required in nutfns
The above quotations-which might he IapgeiE; LeiE;
ded from the same volume of Sir Henrvgsy g Ia1ggly
quite clear that he equally with Professor Dicev:
cit no diStrust' OF our governmental charter bIf
amented the absence from the British constjt1tione
7 equally potent safeguards against hastv and IN
onsloerate legislation.
conclude by quoting James Bryce recognized as |
trae rue friend OF America. and also OF England now
@ rleilDer OF the British government. In his great
aper on Flexible and Rigid Constitutions ,? fbe |
Sfitush being type of the former our own Of the
ltter ne speaks OF demands having been made for
e d establishment in Great Britain Of species Of
s eoD1e % mat this had been advocated by
oPlS ejtst hcllned TO trust democracy; that the
ueStlon has been prOpounded Ought not quch . |
1y ounIry 10 place at least the foundations Of her
ysleLl ana the vital principles Of her government
ut OF the reach of an irresponsible Parliamentary
slow so difficult that there viii he tue enS So
he conservative forces to rally to their defence bo
I commend to Mr.. Reade and those whom ne I'm
iudeS In his prOnoun 'our'' these obEeryafions ~
OF h"sandS hshee 0 s0SRsItut5onql i s9t6sri
New York, July p. 1905 "