In this series of six
lectures delivered by Professor Wrong at the Wesleyan University under
the George Slocum Bennett foundation, the author has examined the
conditions under which has arisen the dominance of the English-speaking
peoples in America; he has placed in contrast the divergences and noted
the similarities of their institutions; and, last but not least, he has
clearly outlined Canada’s status in the British Commonwealth of Nations.
It is beyond question that in this respect Professor Wrong has rendered
an international service. We are not surprised to find in Continental
Europe little comprehension of the relations which seem at once to unite
and to separate the British communities throughout the world; but
perhaps Canadians may be pardoned for a little surprise that those
relations are so imperfectly realized by their neighbours. It is barely
twenty-five years since a distinguished American statesman could hardly
be induced to believe that Canada possessed and exercised the right of
levying customs duties upon products of the United Kingdom imported into
the Dominion. A quarter of a century previously Sir John Macdonald had
encountered a similar lack of comprehension during the negotiation of
the Treaty of Washington.
The author has given in
broad but clear outline the distinguishing features of each form of
government. He recognizes that while the British North America Act avows
the purpose of establishing a constitution for Canada similar in
principle to that of the United Kingdom, yet many leading features of
our system were drawn from the constitution of the United States. It is
not necessary to concern oneself with Lord Haldane’s niceties as to the
character, federal or otherwise, of the Canadian constitution. In truth,
it is federal in the ordinary acceptance of the term; and the principle
of federalism was drawn wholly from the example of the United States.
Professor Wrong lays
emphasis upon the consideration that the constitution of the United
States was framed in idealism, while that of Canada has grown out of
tradition. The framers of the American constitution were necessarily
influenced by the tendencies of political thought in the latter half of
the eighteenth century. In Great Britain the same tendencies almost
succeeded in eliminating from the British system a feature which
strongly marks its divergence from that of the United States: namely,
the presence of responsible ministers in parliament amenable to the will
of the people’s representatives. In one aspect it is curious, but in
another perfectly natural and logical, that the United States, as
Professor Wrong points out, have never established and apparently never
desired that form of direct legislative control over the executive for
which Canadians contended nearly one hundred years ago, even to the
point of rebellion. The American theory of checks and balances requires
an executive independence which the Canadian scheme of government could
hardly afford.
Within the nations of
the British Commonwealth the formal executive is not a party leader; he
stands apart from all parties, and acts by the advice of his ministers
under the conventions of the constitution as the will of the people
directs. The real executive is to be found in his advisers. In the
United States the President is at once the executive and the leader of
the dominant political party. He fulfills the functions of both King and
Prime Minister, and he exercises greater power than either. He attains
the position through the seventies of an election contest, 'n which
neither party spares the other. When the battle is over, he stands
before the whole country as the head of the nation, and is recognized as
such by all parties.
Professor Wrong’s
lectures are well conceived and instructive. When a large and complex
subject is treated in narrow compass one would naturally expect an
occasional omission or expression that might give rise to
misunderstanding. In discussing the omnipotence of parliament it might
have been useful to explain that the legal power of the British
parliament with respect to the Dominions is overridden and controlled by
constitutional conventions. Perhaps, also, the author should have-made
it perfectly clear that in Canada, as in the United Stares, it is for
the courts to determine whether any legislative body has overstepped the
limits of its jurisdiction.
The author’s words
respecting the opportunities of democracy on this continent and with
regard to the overwhelming responsibility which rests upon the British
and American Commonwealths for the peace of the world are timely and
impressive. His contribution to the political thought of both countries
must be of service to each.
Our neighbours have
given us a worthy example in establishing foundations such as that under
which these lectures were delivered. One recalls the William Earl Dodge
foundation at Yale, which has brought forth excellent fruit, and
doubtless there are others. It is to be hoped that the wealth of Canada
will seek opportunity fur usefulness in the establishment of such
foundations in this country.
R. L. Borden
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