Chapter XXXIV: The Flag of Liberty

There is yet the other ideal phase in which the Union Jack in the outer realms of the Empire and in Canada reigns supreme--that of "liberty to the people." The inborn hope which buds and blossoms in the hearts of a growing people as their energies evolve and their circumstances advance, finds its fruitage in the possession of mastery over their own homes, and thus a nation's desire for liberty is concentrated in the absorbing dream of self-government.

It was this spirit which spoke in the old English colonies in America when they averred, in their address to King George III., that they were "being degraded from the pre-eminent rank of _English_ freemen." The condition of a citizen in the old homeland was their highest ideal of the liberties of a people, and the only one with which, even in those times, they considered comparison could worthily be made.

The history of the Union Jack in the parent land has been connected, as we have seen, not solely with national allegiance, but yet more with parliamentary government; and its several parts have been combined in union to evidence the advent of union under representative institutions.

Such, too, has been the history of its expansion among the great groups of colonies of the British Empire which dot the outer world, a development of true democratic government which can best be realized by a comparison between the forms of government in Canada and that in the United States.

The creation of the constitution of England was not confined to a single date, nor was it the product of the men of a single period; its growth has been spread, like that of its flag, over century after century, as each successive phase of the ideal dream has become harmonized with the existing requirements of the day. Formed largely upon usage and upon precedent, it reflects the current views of the people, and, therefore, has never been restricted to invariable forms of words.

There are milestones such as Magna Charta, the Petition of Rights, the Habeas Corpus Act, the Act of Settlement, and the other landmarks which measure the way towards constitutional liberty; but as with the Union Jack, so, too, with the liberties of the British form of government, the story of the combinations is not the record of a revolution, but the gradual process of a reasoning evolution.

When, at the end of the eighteenth century, our neighbours in the United States framed their new constitution, they based it on the information and usages of that day when responsible government was almost unknown. Creating an elective King under the name of President, they endowed him with distinct and executive powers, which, as then, he still exercises, largely of his own private will, or only in consultation with a Cabinet which is nominated by and is responsible only to himself, whose members are not members of the House of Representatives, nor are they elected by the people.

How entirely he acts of his own motion, without the instructions or the initiation of Congress, was only too evidently shown in the recent Venezuela-Guiana incident,[163] when President Cleveland's message was promulgated with all the individual vehemence of an autocrat, and if it had not been for the temperate forbearance of the British Cabinet, war would have resulted.

[163] 1896.

The President of the United States, having been elected for a definite term of years, represents the opinion which prevailed at the time of his election; and no matter how much the opinion of the nation may change in the interval, or his policy be objected to, he continues to rule until his allotted term of four years shall have expired, even though he and his Cabinet be in absolute conflict with the expressed will of the people, as indicated in the elections which are constantly in progress.[164]

[164] In the United States the members of the Senate are elected by the Legislatures of the States, one for each State, and sit for six years. The members of the House of Representatives are elected by popular vote of the electors, the number for each State being determined by its proportional population, and each sits for a fixed term of two years.

It is true there are provisions in the constitution for checking his course, or for his impeachment, but in cases in which this has been attempted to be enforced the trial has lasted longer than his term. His appointment as chief of the nation having been the result of an election contest, the President represents not the whole people, but only the political party which happened to be in the majority at the time of his election.

Being, then, the elected representative of a definite political party, his acts are expected by those who have elected him to be used towards continuing their party in power, and thus the person from time to time holding the position of President becomes a distinct vehicle for the exercise of party political warfare instead of being an impartial administrator.

His veto being thus supreme, all legislation has to be conducted with a view to what will meet, or will not meet, the personal views of the President, as has been most plainly shown in the framing of Tariffs for Customs and Taxation.

This written constitution of the United States, admirable though it may have been thought at the time, and an improvement upon the then existing state of things, was born over a century ago, in the times of autocratic government, and though thus out of date, it has remained ever since practically unchanged; in fact, with the exception of the amendment respecting slavery, it is identically the same.

During this same hundred years, as civilization has advanced, education enlightened the masses, intelligence expanded among the people, and experience been gained, there has grown up that marvellous form of self-government under which we Canadians and our brother colonists live--the British Constitutional Monarchy. In this British Empire, in the colonial parliaments, as in the Imperial Parliament, the King or Sovereign represents all the people, not a party, and is the permanent chairman of the nation. The will of Parliament, tempered by his continued counsel, is his will. The ministers of the Crown, who, with the Premier as their head, form the Executive, are elected by the people, and sit in the same House of Commons with the other elected representatives. Debating with them on the issues of the day, they are responsible to their fellow-members for the measures which they introduce;[165] and when they fail to carry these measures, and cease to secure the support of the majority of the people's representatives, as then sitting in Parliament, the ministry must resign, and is succeeded at the call of the sovereign, or in a self-governed Dominion, of the Governor-General, by another Cabinet, which shall represent that majority; or, should the matter be considered of sufficient importance, the whole Parliament is forthwith dissolved by the Sovereign, or his representative, as the neutral and unbiased centre of impartial power. All the members return for re-election by their constituencies, and the question at issue is quickly submitted for decision by the ballots of the electors. Thus the acts of the Premier or chief minister, and of his Cabinet, and also of the party of which he is leader, and the whole Parliament, are at once subject to the opinion of the people without waiting for the completion of their term.[166]

[165] No Bill for the expenditure of any money or for a change in taxation can be introduced except by a member of the Cabinet.

[166] The life of a Parliament in Canada is limited to five years, and, unless it has been dissolved in the interval, must return for re-election at the end of that term. An entire new parliament can be re-elected any time in about six weeks.

Further, indeed, than this, if a member of the Cabinet should die or resign during the term of any parliament his successor must, upon his appointment, return to his individual constituency and be re-elected, so that the opinion of the people may be taken upon the general policy of the Cabinet and upon his own special fitness for his appointment.

The Governor-General of Canada, as also the governors in the other self-governed colonies, does not, as so many of the people of the United States imagine, govern the country, acting with absolute power under the direction of the Government of Great Britain; for in every way, except for the purposes of imperial advice and the declaration of war, Canada is practically an Independent Dominion, as sings the empire poet,[167]

"Daughter am I in my mother's home,
But mistress in my own."

[167] Rudyard Kipling.

By virtue of his office, a Governor-General represents the person of the sovereign of the empire in the local government in his portion of the British realm, and is the connecting link between the mother parliament in Great Britain and the parliament in the colony. He can influence but does not direct, he can advise but does not determine, for as has been well said of the British Monarchy: "Le Roi regne mais ne gouverne pas"--The King reigns, but does not govern. As in the parent kingdom the Sovereign is secured in impartiality by the grace of birth, so in the daughter realm the Governor-General is dissociated from all local entanglements or party feelings by virtue of being selected for his particular abilities and appointed from another portion of the Empire by the central source of honour and power. The distinctive flag (65) of the Governor-General of Canada is the "Union Jack," having on its centre the arms of Canada, surrounded by a wreath of maple leaves, the whole being surmounted by a royal crown.

The flag of the governor or administrator in all other British colonies and dependencies is also the Union Jack, having upon it the arms or badge of the colony on a white shield, surrounded by a green garland of laurel leaves, surmounted by a crown.

In 1870, as a special honour, the imperial sanction was given to Canada to place a garland of maple leaves--its national emblem[168]--instead of the laurel upon the flag of its Governor-General.

[168] Appendix A.--"The Maple Leaf Emblem."

The Lieutenant-Governors of the Provinces of Canada also wear the Union Jack as their distinctive flag, bearing upon it the arms of their respective Provinces, surrounded by a similar garland of maple leaves; but as they are appointed by the Government of the Dominion, and not by the King, the garland is not surmounted by a crown (66).

In this governor-general's flag, with its royal crown, its maple leaves, and Canadian coat-of-arms, as also in the lieutenant-governors' flags, backed up by the Union Jack, is symbolized the existence of British constitutional government in Canada. In this the reigning King or Queen is the whole Canadian people, and the Premier and his Cabinet are the representatives of the political party for the time being in power.[169] The Cabinet is responsible to Parliament for the policy which they introduce, and for which they, as well as all the other members of the Parliament, are immediately answerable to the electors, who are the original source of their power.

[169] Legal documents issued under legislation in Canada are issued in the name of the "King," as representing the whole people, as in the United States the expression is in the name of "The people of the United States."

This modern flexible system of responsible government in Canada, so closely in touch with the people, in contrast with the irresponsible and rigid system in the United States, was neatly brought out by Lord Dufferin during his term as Governor-General of Canada, in a speech he delivered at Toronto, in 1874, after his visit to Chicago:

"More than once," said he, "I was addressed with the playful suggestion that Canada should unite her fortunes with those of the great Republic. (Laughter.) To these invitations I invariably replied by acquainting them that in Canada we were essentially a democratic people--great laughter--that nothing would content us unless the popular will could exercise an immediate and complete control over the executive of the country--renewed laughter--that the ministers who conducted the government were but a committee of Parliament, which was in itself an emanation from the constituencies--loud applause--and that no Canadian would be able to breathe freely if he thought the persons administering the affairs of the country were removed beyond the supervision and contact of our legislative assemblies. (Cheers.)"

It is, then, easily seen why Canadians and our brother Britons love their Union Jack. It is the signal of parliamentary government by British constitutional principles. It represents progress and modern ideas--the rule of the people, for the people, by the people, through their unbiased King; and, therefore, it is the evidence of their affectionate and loyal allegiance to that monarchy and system of government under whose benign sway the colonies have advanced, and Canada, above all other countries on the continent of America, is the land of the self-governed and the free.

These are the liberties which the Union Jack signals in all parts of the British Empire to all the varied nations, with varied tongues, which have come beneath its sway. It is the consciousness of such liberty and the enjoyment of such equal rights that impelled Canada, Australia, New Zealand and all the colonies of the empire to send their sons to the field of contest in South Africa as a free-will offering to defend their fellow-men and to spread the blessings of Liberty and Freedom to the peoples of that continent.

From this has come that most recent acknowledgment of its incomparable liberties that the peoples of South Africa, the Boers of Dutch and French descent, so recently warring with their British neighbours of Cape Colony and Natal, have now[170] united together and, meeting as brothers, have raised it as the union sign of their united liberty in the fourth[171] daughter Parliament of the Britains beyond the seas in our united empire.

[170] Confederation Act, South Africa, 1909.

[171] Canada, New Zealand, Australia, South Africa.

The world over it is the free-will Flag of Liberty.