Chapter III: How Constitutions May Use the Centripetal Forces to Promote

NATIONAL UNITY.

As we are here dealing with constitutions considered in their relation to the forces and tendencies that rule in politics (_i.e._ as a part of political dynamics), we may now inquire what it is that Constitutions can accomplish in the way of regulating or controlling these forces.

Every political Constitution has three main objects.

One is to establish and maintain a frame of government under which the work of the State can be efficiently carried on, the aims of such a frame of government being on the one hand to associate the people with the government, and, on the other hand, to preserve public order, to avoid hasty decisions and to maintain a tolerable continuity of policy.

Another is to provide due security for the rights of the individual citizen as respects person, property, and opinion, so that he shall have nothing to fear from the executive or from the tyranny of an excited majority. This object has fallen into the background since these rights came to be fully recognized. But in earlier times it was the chief purpose of constitutional provisions from Magna Charta down to the Bill of Rights and the Declaration of Independence. The safeguard for these rights which the Constitution of England provided, was the thing which, more perhaps than anything else, moved the admiration of foreign observers who studied that constitution during the eighteenth century.

The third object is to hold the State together, not only to prevent its disruption by the revolt or secession of a part of the nation, but to strengthen the cohesiveness of the country by creating good machinery for connecting the outlying parts with the centre, and by appealing to every motive of interest and sentiment that can lead all sections of the inhabitants to desire to remain united under one government.

In pursuing these objects, a constitution seeks to achieve by means of legal provisions that which in ruder times it was often necessary to accomplish by physical force. No doubt at all times the natural disposition to obey (the sources of which I have analysed elsewhere[102]) was an agent more constant and effective than physical force. Nevertheless, the latter was needed, sometimes from the side of the government to maintain order and compel subjects to bear their share of the public burdens, sometimes from the side of the subjects to abate the abuses into which the possession of power tempts rulers. Troops to keep order and quell revolts, and men handy with their weapons and ready to rise in insurrection to dethrone bad monarchs or expel bad ministers, were a necessary part of the equipment of political societies in the ruder ages.

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Footnote 102:

See Essay IX, vol. ii. p. 6 sqq.

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A good constitution relieves the government from the necessity of frequently resorting to military force by securing that those who govern shall be persons approved by the bulk of the citizens, as well as by providing for the purposes of coercion machinery so promptly and effectively applicable, that the elements of disturbance either do not break forth or are quickly suppressed. Similarly it relieves the subjects from the need of rising in rebellion by providing machinery whereby the complaints of those who think themselves aggrieved shall be fully made known, and shall, if well founded, have due effect on the rulers by warning them to remove the grievances, or by displacing them if they fail to do so.

How constitutional machinery should be framed and worked for the attainment of the two former objects enumerated above, viz. the establishment of a proper frame of government and the safeguarding of private rights, is a matter which does not fall within the scope of our present inquiry. The third object does, so we have to ask how a constitution should be framed in order to enable it to maintain and strengthen the unity of a State.

It may do this in two ways. One is by setting various centripetal forces to work. The other is by preventing all or some of the centrifugal forces from working.

I have already enumerated the tendencies or influences which operate to draw men together and bind them into a community, be it greater or smaller, and have pointed out that these tendencies may in any given case operate in favour either of the State as a whole, in which case they preserve it, or in favour of some group or section within it, in which case they sap its unity. Let us now consider how the constitutional arrangements of a State may be so devised as to draw together all its members and all the minor groups within it.

The most generally available of these centripetal tendencies is trade, that interchange of commodities which benefits all the producers, by giving them a market, all the consumers by giving them the means of getting what they want, all the middlemen by supplying them with occupation. A Constitution can render no greater service to the unity as well as to the material progress of a nation than by enabling the freest interchange of products to go on within its limits. Nothing did more to keep the districts of each of the great European countries divided during the Middle Ages than the levying of tolls along the rivers and highways by petty potentates, or than the insecurity of those rivers and highways, as well as the want of good roads, for thus the market for the producers of the cheaper articles was narrowed to the small area immediately around them, and men were prevented from realizing, or benefiting by, the greatness of the country they belonged to. England, with an exceptionally strong and centralized government, suffered less from these tolls and this insecurity than did the large States of the Continent, and England arrived at unity sooner than they did. And so, conversely, nothing has done more to unify the vast territories of the United States than the provisions of the Federal Constitution which secure perfect freedom of trade within its limits, and empower the National Government to regulate the means of communication between the several States of the Union. So the Customs Union of the Germanic States, formed under the auspices of Prussia in A.D. 1829, did a great work in stimulating industry, while it showed the people the benefits of united action, and prepared the way for the formation of the new German Empire.

Another influence of moment is the establishment of a common law and a common system of courts. It is not an influence which can be reckoned on so invariably or confidently as can the influence of commerce, for any hasty attempt to change the law (whether customary or statutory) to which men are accustomed may provoke resistance and retard the growth of unity. Great Britain has wisely forborne to impose her own law on the dominions she has acquired by conquest or purchase. Roman-Dutch law remains in South Africa, in Ceylon, and in Guiana; Roman-French law in Lower Canada. So the French Code was left in force not only in Alsace-Lorraine which Germany took in 1871 but also in the German country all along the left bank of the Lower Rhine, when that region was reunited to Germany in 1814. So Roman law has remained in Louisiana, which was once French. But where one legal system can, without exciting resentment, be extended over the whole of a country, it becomes a valuable unifying force. As respects the substance of law, this happens by the formation of certain habits of thought and action, certain ideas of justice and utility. As respects the administration of law, it happens by giving to the central executive an engine for making its power felt, and usually felt for good. In the Middle Ages, the jurisdiction of the king’s courts was found the most effective means both in England, from Henry II onward, and (somewhat later) in France, of extending the power of the central government and accustoming the people to rally round the Crown as the representative of national unity as well as of justice. A somewhat similar process has been in progress during the last thirty years among those petty principalities which we call the Laos States, and which lie to the north of the kingdom of Siam. The princes of these States were practically independent, living in a country of forests and hills, and recognizing only a vague titular suzerainty as vested in the Siamese king at Bangkok. But when foresters from British Burma had come among them, desiring to cut down and export the teak trees in those forests which make their only wealth, and when disputes had arisen between the Laos chiefs and these timber traders, the Government of India found it needful to make treaties with the king of Siam, under which a Court presided over by Siamese officials was set up in Chiengmai, the principal State. By means of this Court the Siamese Government has been able gradually to obtain complete control of the forest administration and the revenues thence arising, and incidentally to strengthen its general authority over these Laos States.

Similarly, the jurisdiction of the British Privy Council as a Supreme Court of Appeal from the Colonies and India, and the action of the Supreme Court of the United States as the final Court of Appeal for the whole Union (in certain classes of cases), have done something to make the members of these vast political aggregates realize the bond that links them together. In the case of the United States, respect for the Federal Courts and the keen interest with which their development of the law by judicial interpretation is followed by a large and powerful profession has been an important factor in strengthening the sense of national unity.

After law, religion, not as less potent, for it is more potent, but as more uncertain, because it has been as often a dissevering as a unifying influence. There is, however, a marked distinction between the earlier and the later forms of religion as regards the energy of the force they exert. In the earlier stages of civilization, when tradition and ritual counted for much, and abstract theology had not yet come into being, the worship of the gods of the nation or city was a part, a necessary and sometimes the most deep-rooted part, of the political constitution and the national life. In Egypt the rise or fall of a great deity is often the sign of the rise or fall of a dynasty. Moab, Edom, and Ammon, are each the people of a peculiar God. After the Captivity, when the minor Semitic peoples decline or vanish, Israel continues to be held together by the name of Jehovah, and by the Law He has given. Every Greek and every Italian city has its own distinctive public State worship. A race sometimes pays special honour to one out of its various deities, and the devotion of the Dorians to Apollo, of the Athenians to the Virgin Goddess, finds a mediaeval parallel in that of the Swedes to Odin, of the Norwegians to Thor. As the Roman Empire included so many races and cities that no one deity or group of deities could be worshipped by all, altars were erected to the Goddess Rome, and the Guardian Spirit or Genius of the reigning Emperor became a common object of devotion for the whole mass of his subjects. In modern times the strong religions are (except Hinduism) World Religions, and therefore not national or local as were those of antiquity. But they exert an even greater political power. For monotheistic religions, however they may develop into elaborate rites and forms of ceremonial observance, are primarily philosophical religions, in which abstract ideas and beliefs take not only a firm but an exclusive grasp of the mind and heart of whosoever holds them. Hence they form a closer tie than did the worships of the ancient Italo-Hellenic world. Christianity created a new cohesion when the provinces of the Roman Empire were beginning to fall asunder. Islam formed a prodigious dominion out of many diverse peoples. The mutually hostile forms of a World Religion, such as the Sunnite and Shiite sects in Islam, act as consolidating or dissevering influences just as the religion itself did before schisms had arisen. When a faith grounded in peculiar dogmas or observances is held by one section of a people and hated by another section, it becomes a formidably centrifugal force. When the great mass of a people have embraced such a faith, their political cohesion is strengthened, and they may attract from other communities persons or groups who share their beliefs. The same principle applies to beliefs which cannot be called religious, but which exert a similar power over men’s emotions. Even where no question of the supernatural is involved, the holding in common of certain ideas deemed supremely valuable whether for the individual or for society, may operate as a centrifugal or centripetal force.

A nation with a national religion which all or nearly all citizens cherish possesses a bond of unity which grows the more powerful the more its traditions become entwined with the national life. It is chiefly the influence of the Orthodox Church that has made a people so low in the scale of civilization as Russia was three centuries ago, to-day so united, so strong through its union, and so submissive to its sovereign, for it is not less as Head of the Church than as a secular prince that the Czar commands the reverence of his subjects[103]. Accordingly whenever a State Church can be set up which embraces practically the whole of the people, and when it can be associated with the government and the movements of public life, the cohesion of the nation and the power of the government which controls the church will be increased. Of the possibly pernicious influence of such arrangements on such a church and on religion I do not speak; that is quite another matter. I am only pointing out that a Constitution will gain strength, and a nation unity, if the ecclesiastical arrangements can be linked to those of the secular government, assuming the people to be all attached to the same form of faith and worship.

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Footnote 103:

There are of course dissenting sects in Russia, some of them counting
many adherents, but they have seldom, and in no large measure,
affected the political unity of the nation.

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Similarly, in so far as those who frame a Constitution can make it provide a system of education which will give the people common ideas and common aspirations, in so far as they can persuade the inhabitants to use a common language, if the country is one where more than one tongue has been spoken, or even to enjoy and meet for the enjoyment of common festivities and games, they will be availing themselves of influences not to be despised. The Prussian Government founded the University of Bonn immediately after the recovery of the left bank of the Rhine from France in 1814, and the University of Strassburg immediately after the recovery of Alsace in 1871, in both cases with the view of benefiting these territories and of drawing them closer to the rest of the country by the afflux of students from other parts of it, an aim which was realized. Indeed the non-local character of the German Universities, each serving the whole of the lands wherein the German tongue was spoken, powerfully contributed to intensify the sentiment of a common German nationality throughout the two centuries (1648 to 1870) during which Germany had virtually ceased to be a State. The Olympian, Pythian, Isthmian, and Nemean games had no contemptible effect in fostering the sentiment of a common national unity, as against the barbarians, among the Greeks, who had never enjoyed and did not desire political union. The admission of the Macedonian king to strive at the Olympian games was a political event of high significance, for it enabled his descendants Philip and Alexander the Great to claim to belong to the Hellenic race.

Some of these various engines for promoting the cohesion of a nation may seem to lie rather in the sphere of governmental action than in that of a Constitution. Commercial freedom, however, as well as religious compulsion on the one hand, or religious freedom on the other hand, have been provided for by some Rigid Constitutions. So too has been the use of certain languages. Where the Constitution is a Flexible one, the question whether the laws regulating such matters are to be deemed a part of the Constitution depends entirely on the practical importance ascribed to them, since in such a Constitution there is no distinction of form between fundamental and other provisions.