« 이전계속 »
when the inhabitants are almost Savages that they could not manage their affairs better separately. This obstacle does not exist in the case of Italy, the size of which does not come up to that of several very efficiently governed single states in past and present times. The question then is, whether the different parts of the nation require to be governed in a way so essentially different that it is not probable the same Legislature, and the same ministry or administrative body, will give satisfaction to them all. Unless this be the case, which is a question of fact, it is better for them to be completely united. That a totally different system of laws and very different administrative institutions may exist in two portions of a country without being any obstacle to legislative unity, is proved by the case of England and Scotland. Perhaps, however, this undisturbed coexistence of two legal systems under one united Legislature, making different laws for the two sections of the country in adaptation to the previous differences, might not be so well preserved, or the same confidence might not be felt in its preservation, in a country whose legislators are more possessed (as is apt to be the case on the Continent) with the mania for uniformity. A people having that unbounded toleration which is characteristic of this country for every description of anomaly, so long as those whose interests it concerns do not feel aggrieved by it, afforded an exceptionally advantageous field for trying this difficult experiment. In most countries, if it was an object to retain different systems of law, it might probably be necessary to retain distinct Legislatures as guardians of them, which is perfectly compatible with a national Parliament and king, or a national Parliament without a king, supreme over the external relations of all the members of the body. Whenever it is not deemed necessary to maintain permanently, in the different provinces, different systems of jurisprudence, and fundamental institutions grounded on different principles, it is always practicable to reconcile minor diversities with the maintenance of unity of government. All that is needful is to give a sufficiently large sphere of action to the local authorities. Under one and the same central government there may be local governors, and provincial assemblies for local purposes. It may happen, for instance, that the people of different provinces may have pref. erences in favor of different modes of taxation. If the general Legislature could not be depended on for being guided by the members for each province in modifying the general system of taxation to suit that province, the Constitution might provide that as many of the expenses of government as could by any possibility be made local should be defrayed by local rates imposed by the provincial assemblies, and that those which must of necessity be general, such as the support of an army and navy, should, in the estimates for the year, be apportioned among the different provinces according to some general estimate of their resources, the amount assigned to each being levied by the local assembly on the principles most acceptable to the locality, and paid en bloc into the national treasury. A practice approaching to this existed even in the old French monarchy, so far as regarded the pays d'états, each of which, having consented or being required to furnish a fixed sum, was left to assess it upon the inhabitants by its own officers, thus escaping the grinding despotism of the royal intendants and subdélégués; and this privilege is always mentioned as one of the advantages which mainly contributed to render them, as they were, the most flourishing provinces of France. Identity of central government is compatible with many different degrees of centralization, not only administrative, but even legislative. A people may have the desire and the capacity for a closer union than one merely federal, while yet their local peculiarities and antecedents render considerable diversities desirable in the details of their government. But if there is a real desire on all hands to make the experiment successful, there needs seldom be any difficulty in not only preserving those diversities, but giving them the guaranty of a constitutional provision against any attempt at assimilation except by the voluntary act of those who would be affected by the change.
OF THE GOVERNMENT OF DEPENDENCIES BY A FREE STATE.
FREE states, like all others, may possess dependencies, acquired either by conquest or by colonization, and our own is the greatest instance of the kind in modern history. It is a most important question how such dependencies ought to be governed.
It is unnecessary to discuss the case of small posts, like Gibraltar, Aden, or Heligoland, which are held only as naval or military positions. The military or naval object is in this case paramount, and the inhabitants can not, consistently with it, be admitted to the government of the place, though they ought to be allowed all liberties and privileges compatible with that restriction, including the free management of municipal affairs, and, as a compensation for being locally sacrificed to the convenience of the governing state, should be admitted to equal rights with its native subjects in all other parts of the empire.
Outlying territories of some size and population, which are held as dependencies, that is, which are subject, more or less, to acts of sovereign power on the part of the paramount country, without being equally represented (if represented at all) in its Legislature, may be divided into two classes. Some are composed of people of similar civilization to the ruling country, capable of, and ripe for representative government, such as the British possessions in America and Australia. Others, like India, are still at a great distance from that state. In the case of dependencies of the former class, this country has at length realized, in rare completeness, the true principle of government. England has always felt under a certain degree of obligation to bestow on such of her outlying populations as were of her own blood and language, and on some who were not, representative institutions formed in imitation of her own ; but, until the present generation, she has been on the same bad level with other countries as to the amount of self-government which she allowed them to exercise through the representative institutions that she conceded to them. She claimed to be the Supreme arbiter even of their purely internal concerns, according to her own, not their ideas of how those concerns could be best regulated. This practice was a natural corollary from the vicious theory of colonial policy—once common to all Europe, and not yet completely relinquished by any other people— which regarded colonies as valuable by affording markets for our commodities that could be kept entirely to ourselves; a privilege we valued so highly that we thought it worth purchasing by allowing to the colonies the same monopoly of our market for their own productions which we claimed for our commodities in theirs. This notable plan of enriching them and our