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America, is a possibility, and ought to form. Before its final recognition by become a reality, because it is based, civilized states it will need accurate as should be all sound political com- definition, and will entail on the United binations, on community of interests States the recognition of the principle and on similarity of sentiment. which arises from the very nature of

The two countries are bound together things, that acknowledged authority imby community of interest.

plies acknowledged responsibility. The The great common interest of En- matter, however, to note is that with the gland and of the United States is the doctrine itself, or rather with the ideas maintenance of peace. The enforce which underlie it, England has no reament of the paw Britannica throughout son to quarrel. The dogmas that no the British empire and the maintenance European power must invade Amerof civilized order throughout the length ica, which means in effect that the and breadth of the United States—and United States will not tolerate such inthis without recourse to conscription- vasion, and that throughout the Ameriis the main service which the Anglo- can continent the United States are the Saxon race renders to civilization. predominant power, constitute only the Now an alliance of the two countries enunciation of facts which no man can which combined together could al- change, and which, therefore, it is folly ways assert an effective command of to deny or to overlook. But, further, if the seas would permanently secure the England and the United States were at peace of a large portion of the world. one the Monroe Doctrine, which would

The so-called Monroe Doctrine, again, avail for the protection of Canada has at this moment an unpleasant against any European enemy of Great sound to English ears, but for all this Britain, might be maintained as zealthe maintenance of this doctrine, or ously by the queen as by the president. rather of the ideas which it embodies, The interests of England and America, would be a benefit to both branches of in short, in the main coincide; a comthe English people, and might by their mon citizenship, if it tended to a peralliance be turned into something very manent alliance, would be beneficial to like an established principle of inter- both. It would tend to maintain gennational law. What President Mon-' eral peace throughout the world, and roe's words really meant at the time by giving additional force to the Monwhen they were uttered is a matter of roe Doctrine would at once meet the historical curiosity, but of no practical natural policy of the United States, importance. But it is of moment to and also enlist the aid of the Union ascertain what is the real significance against any foreign power who should of the Monroe Doctrine, as now inter- attack English possessions in the new preted by Americans. Thus looked at world. A neutralized Canada would it means at bottom two things. It mean a strengthened England. means, in the first place, that no Euro- England and the United States, pean power shall be allowed to invade again, are bound together by comthe American continent; the attack munity of feeling. upon Mexico by France must be the This is an assertion which will not last invasion of its kind, and must re- command the assentof my readers. Enmain a warning, not a precedent. The glishmen and Americans can each redoctrine means, in the second place, proach one another for acts, and still that the predominance of the United more for words of unfriendliness. It States throughout the American con- would be irritating and useless to retinent must be admitted by foreign call transactions which are in everypowers in much the same way in which body's memory, but it is both useful all countries recognize the predom- and important to insist upon the uninance of British authority throughout doubted fact that, in spite of the bickIndia. The Monroe Doctrine has, it is erings and in spite of the real causes true, as yet not assumed a definite of difference which have divided and



still divide the two countries, there ex- maintenance of a huge standing army, ists a bond of common sentiment and or, still more, with any system which common feeling throughout the whole turns every citizen into a soldier. No English-speaking people, which, quite wise man will dispute that the Contiindependently of the will of this man nental ideal has its good side. There or of that man, or of this party or of is something fine, and even noble, in that party, lin together the English the idea that every man should, for a Constitutional Monarchy and the En- portion of his life, take a personal glish Federal Republic. In consider- share in the defence of the state. My ing this matter we had better dismiss aim is not to compare Continental at once the hostile invectives or sar- ideals with English ideals, or to weigh casms of politicians in America and the their respective merits; my only purnot very friendly satire of writers in pose at this moment is to insist upon England. We had better also dismiss the fact that English convictions as from our memory a good deal of the to the position of the army, and as to frothy and not very genuine sentimen- the way in which it ought to be retality which is poured out by English cruited, will be found, both in Great and American speakers at public Britain and in the United States, to dinners

other occasions on be strictly opposed to Continental ideas. which an Englishman desires to com- That the conscription is unknown in pliment the United States, or an Amer- both countries is as clear a sign as can ican wishes to tickle the ears of an En- be found of the predominance in each glish audience. In these matters of similar moral or political convicwords, good or bad, count for little. tions. Nor is it alien to our present If we want to realize the essential like- purpose to note that the absence of ness of the fundamental ideas which the conscription favors the institution will govern, in the long run, the con- of a common citizenship, since it reduct both of Great Britain and the moves the sources of disagreement United States we must look to more which always abound whenever the citsolid and permanent facts than tran- izens of the one country flee from it to sitory outbursts of rhetorical abuse another in order that they may escape or fleeting expressions of sentimental the burden of military service. affection. Our best course is to ex- Similarity of opinion and practice in amine carefully definite examples of all matters which concern the relation that kind of identity in sentiment of the civil power to the army is, after which leads, in the long run, to iden- all, but one expression of that prevatity of conduct.

lence of common legal conceptions The two English-speaking nations, in which reveals to any intelligent obthe first place, stand apart from that server the essential unity of the whole admiration for military power which English race. An English lawyer is prevails throughout Continental Eu- the natural advocate of isopolity, for rope. The insularity of England and no one can so well appreciate the funthe physical isolation of America are, damental identity of English and no doubt, the conditions which have American law, and all that this identity enabled the English people on both implies. An English barrister who sides of the Atlantic to escape from the lands for the first time at New York burden of enforced military service; feels for a moment that he is a stranger but if we ask why the conscription is in a strange country, the strangeness of unknown both in the United States which is increased, rather than diminand throughout the British Empire, ished, by the fact that its inhabitants the true answer is that English ideas speak the tongue of England; but when of individual freedom, and, above all, once he enters an American court, or the English conviction that the civil begins debating legal questions with power ought everywhere to be supreme, American lawyers, he knows that he is are all but inconsistent either with the not abroad, but at home; he breathes again the legal atmosphere to which which it is possible to overrate the sig. he is accustomed. The law of Amer- nificance. When at some distant peica, he finds, is the law of England riod thinkers sum up the results of Encarried across the Atlantic, and little glish as they now sum up the results changed even in form. In all legal of Grecian or of Roman civilization, matters it is the conservatism, not the they will, we may anticipate, hold that changeableness, of Americans which its main permanent effect has been the astonishes the English observer. Old diffusion throughout the whole world names and old formulas meet us in of the law of England, together with every law court. Some twenty-six those notions of freedom, of justice, years ago there were to be found in and of equity to which English law Chicago in daily use forms of pleading gives embodiment. Physical science is which had long become obsolete in En- of no special country. In the fields of gland. Nowhere can one discover such art and of literature England has choice specimens both of legal learn- found rivals or superiors. But it is ing and of legal conservatism as among Rome alone which can compare with the judges or lawyers of Pennsylvania, England in the capacity for establishVermont, or Massachusetts. We may ing her own law in strange lands. The be certain that men like Lord Selborne, victories of English law have as yet Lord Westbury, or Lord Cairns shocked not captivated popular imagination. some of the ablest among American Yet it is surely a striking thought that lawyers by their zeal for legal improve- wherever you find the English lanments or innovations. Then, too, au- guage, in London, in New York, in Calthorities and precedents are cited by ifornia, and in Australia, there you find Americans, just as they are cited by the law, or much of the law, of Enourselves, and as they never are cited gland. English law has, moreover, alby any French advocate or magistrate. ready, in a sense, transcended the limits The names, moreover, which carry of the English language. It can hardly weight are the names to which we are be termed an accident, or, if accident accustomed. Coke, Hale, Mansfield, it be called, it is one of the most imand Blackstone are as well known, and pressive results of chance that the at least as much reverenced, in Massa- most English, if not the greatest, of the chusetts as in England. Kent and historians of England should have creStory, in like manner, are as much re- ated for India a system of codification spected in an English as in an Ameri- which there exhibits the law of Encan court. Nor is the interchange of gland in a new and most characteristic legal ideas in any sense a matter of the form. Macaulay's Penal Code is as past. The monumental work of my original a work as his “History of friends Sir F. Pollock and Professor England," and may,

perhaps, be Maitland is studied with as much care even longer remembered than the hisand admiration at Harvard as at Cam- tory. bridge or Oxford. One may confidently Let my readers try to realize the assert that the "History of English greatness of English achievements in Law," or Sir William Anson's "Law of the field of law, for they will then feel Contract,” finds more readers in the that Englishmen in England and EnUnited States than in England. The glishmen in America have taken, and writings, on the other hand, of Holmes, are taking, an equal part in the great Thayer, or of Bigelow, are in the hands work of the whole English race, and of every Englishman interested in the that their common success in this com: scientific or historical study of law, mon effort arises from their possessing Nor is the fact that Englishmen and the same conceptions of legal order and Americans partake of and contribute to of legal justice. Here, if anywhere, a common legal literature, and that the may be seen community of sentiment common law of England is the heritage and convictions. Common citizenship of the whole English race, a matter of is the logical, one might almost say the necessary, result of the inheritance of is far less noticeable than the qualities a common law.

by which each was enabled to perform Identity of sentiment, however, if it his great work. In their unwavering exist, reveals itself with nations as steadfastness of purpose, in their abwith individuals far more clearly in solute belief in the cause of which they the character of the leaders whom they were the defenders, in their abhorrence revere, than in the principles which of violence, in their endless patience, they avow or follow. Compare, for a in their trust in law, in their supreme moment, two men each of whom stands clemency which, though it may at mohigh among the heroes of his nation. ments seem to be weakness, is in realPlace Lord Canning side by side with ity only another form of prudence and Abraham Lincoln. Comparison, it is of justice, the English governor-gentrue, at first sight suggests nothing but eral and the American president are contrast. The polished, and it may be each other's true counterparts. They over cultivated, English nobleman who, each exhibit, with some of the deficienin virtue of an historic name and of an cies of civilians, the highest form of inherited position, glides almost as a civic virtue. Their statesmanship was matter course into the high places not the statesmanship of Cavour, of of English public life has, we fancy, Bismarck, or of Thiers. We may well nothing in common with the self-ed. doubt whether it would ever have met ucated and half-educated lawyer from with full appreciation in Italy, in GerIllinois who thrusts his way to the many, or in France. But it is a kind front in the rough conflict of American of statesmanship which will always politics, and by the shrewdness of his command the reverence of the best and judgment and the readiness of his lu- wisest men of England and of Amermor becomes, at a crisis of his coun- ica, for it represents all that is truest try's destiny, the representative of a and noblest in the political ideas of the national party which has fought its whole English people. As long as Canway to power. But if the matter be ning and Lincoln are held in honor looked at closely the English governor- throughout the English-speaking world general and the American president it will be vain to deny that each branch will be found to resemble each other in of the English people cherishes a comthe position which each occupied in the mon ideal of goodness and greatness. task which each was called upon to Common citizenship, then, may well perform, and still more in the methods lead to permanent alliance; but my obby which each brought his work to a ject at the present moment is not to successful issue. Canning and Lincoln press on a political connection between alike occupied a position which could the two countries, which, if it ever hardly have been assigned to a man of comes into existence, must grow up as purely civil experience in any country the natural result of events, but to not governed by Englishmen. Each urge the advisability of proclaiming was set to perform duties for the ful- a universal English citizenship throughfilment of which he had not received out the whole English world. The real the appropriate training. Each was a and substantial question is whether civilian called upon to suppress a gi- such isopolity would not confer congantic armed rebellion. Each, though siderable benefits on Englishmen and without knowledge of warfare was re- Americans alike. It is difficult to see sponsible for the choice of commanders, how any member of the English race and for the action of armies. Each on either side of the Atlantic can ancommitted errors, but each achieved swer this inquiry with a negative. complete and permanent success. The Fourthly, the time is opportune for one saved the unity of the British Em- the institution of a common citizensbip. pire, the other the unity of the United This is an assertion which will be met States. But for our present purpose by many of my readers with a direct the success of Canning and of Lincoln denial. Recent events have discovered an amount of unfriendliness on the part vanished. No man of ordinary sense of Americans which in England has ex- now denies that either polity may, ae cited at least as much surprise as pain. cording to circumstances, be a legitiThe controversy about Venezuela, the mate and a beneficial form of governmode in which that dispute was sprung ment; each is compatible with order, upon the world by President Cleveland, with freedom and with progress. Na the indifference, not to say the hos- writer or theorist exists insane enough tility, of the Senate to the .Arbitration even to desire the foundation of a monTreaty are in every one's memory; nor archy at Washington, and few are the is it wise or reasonable to suppose Republicans of America who would that expressions of hostility to England wish to see an elective president seated represent nothing but the recklessness on the throne of Queen Victoria. The of politicians. Politicians are reckless existence of slavery combined with the and unprincipled, but in their rashness visible imminence of the irrepressible and in their self-seeking there is a conflict between North and South was method. They aim at pleasing their con- till past the middle of this century stituents or their party. If an Ameri- fatal to any scheme for strengthening can senator denounces any attempt to the ties which bind together Englishguard against war with England he men and Americans. But slavery is believes his invectives will be ap- now as unknown throughout the United plauded in the state which he repre- States as throughout the British Emsents. He may be mistaken, but he is pire. The memories further of the conassuredly as good a judge of the opin- test between England and her colonies ion of his constituents as can be his have passed away, and what is more English critics. It must therefore be important, we can look upon the strugsupposed that at this moment there are gle in a way different from the way in large bodies of Americans who are un- which it was regarded by our grandder the influence of feelings unfriendly fathers and our fathers. We all of us towards England. It may therefore be now know that George III. and the naargued that for the present, at least, tion who supported George III. were we may well set aside all attempts to not consciously bent on a policy of tyrdraw closer the ties between English- anny. The king, his supporters, and men and Americans. My reply is that his opponents believed, almost without in matters of permanent policy we must exception, that the independence of the distinguish carefully between the colonies involved the ruin of England. passing feeling of the moment and This was an error, but in judging men's the true tendencies of the time. actions we must allow for their deluMonths years

count for little sions. The Englishmen, moreover, who in the

annals of great followed the policy of their king, held tion, and if we look at the lasting ten- as we now know, with truth, that dur. dencies of the age we shall conclude ing the earlier part of the War of Inthat the time is opportune for the for- dependence, England was supported by mation of a common citizenship. a large amount of colonial loyalty. The

Both England and America are at mistake of the English Tories was that present strong and prosperous. On they engaged in a conflict wherein sucneither side could it now be alleged cess was impossible and victory would that a step towards union was made by have been a disaster. But their mothe one country or the other because it tives were not mean or in themselves needed aid or protection. The moral blameworthy. They resembled greatly obstacles again, which in past times the motives which actuated the polhave kept the two branches of the En- icy of Lincoln. He believed, and glish people apart, have been swept in his case with truth, that the away by the current of events. The rebellion could not be suppressed fancied opposition between a republic and the unity of the country be preand a constitutional monarchy has served. That he saw facts far more




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