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In Memory of
JOHN WALLACE HALLOWELL, JR.|
Yale 1915
from the fund established in 1927
by his father
JOHN WALLACE HALLOWELL

EDUCATION AND EMPIRE

EDUCATION & EMPIRE
ADDRESSES ON CERTAIN
TOPICS OF THE DAY

By RICHARD BURDON HALDANE
M,P., LL.D., K.C. "

LONDON
JOHN MURRAY, ALBEMARLE STREET
1902

"1

PREFACE
TH E addresses which this little volume
contains were delivered under vary
ing circumstances, and no one of them
was, or with propriety could have been,
in the nature of a party speech. Never
theless, the first four illustrate some of the
-articles in a political creed of which I
count myself an humble but firm adherent.
There is a Liberalism which some of
us believe to be the Liberalism of the
future. It holds that the faith which it
has made its own cannot stand still, but
must advance with the advancing needs
of new generations. To-day, at the be
ginning of the twentieth century, we as

viii PREFACE
a nation have to face the problem of pre
serving our great commercial position, and
with it the great empire which the great
men of past generations have won and
handed down to us. That empire it is
our duty to hold as a sacred trust, and
to pass on in such a fashion that those
who come after may be proud of us, as
we are proud of the forefathers who did
their work before our time. The duty
which we have to discharge requires an
effort. That effort must assume the form
neither of swaggering along the High
Street of the world, nor of sitting down
with folded hands on a dust heap. It is
rather to be sought in clear views and
activity of the kind that is at once un-
hasting and unresting. Around us is
surging up a flood of new competition.
If we are to hold the ground which our
predecessors won before the days of that

PREFACE ix
competition, we shall require above all
things enlightened views, and not least
enlightened views about our commerce,
and enlightened views about the common
constitution which unites us with our
colonies and dependencies. With the
former of these necessities the two ad
dresses on education deal. The first was
delivered to commercial men in a great
city which is showing itself thoroughly
alive to the new situation. What I there
ventured to insist on was this, that not
only elementary education in this country,
-but our secondary and tertiary systems
must be thoroughly overhauled and co
ordinated if we are to be brought near to
the existing level of Germany, and that
to which the- United States are rapidly
approaching. More than this, to the
linkage of the various portions of the
education system must be added, in

X PREFACE
secondary and tertiary education at all
events, the recognition of the double
-function of our educational institutions,
the imparting of culture for culture's sake
on the one hand, and the application of
science to the training of our captains of
industry on the other. This means an
; increase of our educational provision of a
tertiary type. In this we are at present
far short of both Germany and the United
States. London and Birmingham have
already shown us how we may found the
new teaching universities. Liverpool is
making a splendid effort in the same
direction. The second of the educational addresses
was delivered to teachers, and its moral is
that for the success of any new movement
of a comprehensive kind larger and more
enlightened views are required on the part
of the teachers themselves. For this de-

PREFACE xi
velopment better training and a better
status for the teacher are necessary, and to
that end the Government must formulate
a policy. It is essential that the spirit of
the new policy should be such that the
Universities may come into closer con
nection with the teaching institutions in
their districts, and may permeate from
above downwards. The dominating in
fluence must be, not the Church, but the
'University, if efficiency is to be attained.
When this happens denominational contro
versies will be of small importance, and
may be left to the diminishing body of the
politicians of a past generation.
The third address was delivered in
1900 at the Colonial Institute before the-
Australian delegates. Its purpose was to
examine the working of the unwritten and
developing British Constitution as this has
been reproduced in Canada and Australia,

xii PREFACE
and may be in South Africa. It points
out the inaptness of the term " federal "
to such a type of constitution, and en
deavours to indicate the lines along which
a closer relation of the Imperial and
Colonial Governments may be assisted to
self-development. It lays stress on the
growing tradition, not the less weighty
because unwritten, by which the Imperial
Parliament is coming to recognise itself
as trustee of its supreme powers for the
empire as a whole, and not merely for
the home constituencies which return it.
¦ The fourth address presses the im
portance of constituting a new link in the
empire in the shape of a real Imperial
Court of Appeal. From more points of
view than one, the time seems to have
come for the transference of the Appellate
juri-tdiction of the House of Lords and
the Judicial Committee of the Privy

PREFACE xiii
Council to a Supreme Tribunal for the
empire. The recent proposals of the
Government appear to have fallen short
in comprehension as well as courage. Our
colonies and dependencies want a real
Supreme Court of Appeal, and not merely
an upholstered and decorated Judicial
Committee, which would continue to be
starved in talent by any separate court
of the House of Lords which should re
main to be manned alongside of it.
The last address is in substance a plea
for tolerance. In view of the fact that
the majority of our fellow-subjects in the
empire are of different religions to our
own, a wide outlook among those who
rule is essential here as elsewhere.
In the political creed to which I have
referred there are, it is needless to observe,
many topics other than those touched on
in these pages, topics over which there may

xiv PREFACE
be, and probably before long will be, much
controversy. But if of the views to the
expression of which these addresses are
limited it is said that they are in the year
1902 no monopoly of any one political
party, my comment will be, "By so much
the better."

CONTENTS
PAGE
I. Great Britain and Germany — A
Study in Education . . . i
An address delivered in October, igoi, at
Liverpool.
XL Universities and the Schools in
Scotland . . • • 39
An address delivered in December, 1901, at
Dumfries, to Scottish teachers at the Annual
Congress of the Educational Institute of
Scotland.
III. Federal Constitutions within the
Empire . . . . 88
An address delivered in May, 1900, at the
Royal Colonial Institute, before the Society
of Comparative Legislation.
IV. The Appellate Courts of the Empire 131
An address delivered in January, 1900, at
Edinburgh, before the Scots Law Society.
V. Science and Religion . . .162
An address delivered in October, 1899, to the
Haddington Literary Society.

EDUCATION AND EMPIRE

GREAT BRITAIN AND GERMANY :
A STUDY IN EDUCATION
IT is more than twenty years since Mr.
Matthew Arnold succeeded in attract
ing for a time the attention of thought
ful people to certain problems of British
government. Of these problems one was
the condition of Ireland. His diagnosis
of that condition was that it was due to
certain differences of temper and outlook
between the people of Ireland and our
selves. The desire for Home Rule he set
down as a consequence rather than a
cause, as the outcome of our failure to
B

2 A STUDY IN EDUCATION
blend Ireland with ourselves in national
feeling, as we had succeeded in blending
Scotland and Wales, and as Celtic and
Catholic France had once succeeded in
blending German and Protestant Alsace.
The adequate remedy of the disease, he
predicted, would not be found in the
results of Irish Church Disestablishment,
nor yet in land legislation, proper and
useful though these might be. Nor yet
in either governing Ireland as a Crown
colony, nor, on the other hand, casting her
as nearly as practicable adrift. What we
really had to do was to put intelligence
and courtesy into our mode of dealing
with the people of Ireland, to shake off
certain habits of mind which were but too
characteristic of the governing classes in
England, and particularly of the great
middle class.
" The temper," he wrote, " of the Irish
must be managed and their good affec
tions cultivated. If we want to bring the
Irish to acquiesce cordially in the English

MATTHEW ARNOLD 3
connection, it is not enough even to do
justice and to make well-being general ;
we and our civilisation must also be
attractive to them."
And this involved nothing less than that
we must, " and that as speedily as we can,
transform our middle class and its social
civilisation." Prophetically he pointed out
in passing (Irish Essays, p. 75) that we
should be confronted with an evil similar
to that in Ireland in the Transvaal, where
the English
" will all be commercial gentlemen — com
mercial gentlemen like Murdstone and
Quinion. Their wives will be the ladies
of commercial gentlemen, they will not
even tend poultry. The English in the
Transvaal, we hear again, contain a won
derful proportion of attorneys, speculators,
land-jobbers, and persons whose ante
cedents will not bear inspection. Their
recent antecedents we will not meddle
with, but one thing is certain — their early
antecedents were those of the middle
class in general, those of Murdstone and

4 A STUDY IN EDUCATION
Quinion. They have almost all, we may
be very sure, passed through the halls of
a Salem House and the hands of a Mr.
Creakle. They have the stamp of either
Murdstone or Quinion. Indeed we are
so prolific, so enterprising, so world cover
ing, and our middle class and its civilisa
tion so entirely take the lead wherever we
go, that there is now, one may say, a kind
of colour of Salem House all round the
globe." Yet he was not as one without hope.
He knew, he wrote, that the most flagrant
. narrowness of the British middle - class
mind in its attitude in Irish affairs would
be hard to get rid of. What he held to
be of several things the one most wanted,
the establishment in Ireland of " schools
and universities suited to Catholics, as
England has public schools and universi
ties suited to Anglicans, and Scotland
such as are suited to Presbyterians,"
could not at the moment be done even by
Mr. Gladstone. But the English people

GEIST 5
were, he believed, capable of improve
ment. " Slowly this powerful race works
its way out of its confining ruts and its
clouded vision of things, to the manifesta
tion of those great qualities which it has
at bottom — piety, integrity, good nature,
and good humour." Commenting on the
friendly Goethe's criticism of our race,
" Der Englander ist eigentlich ohne Intel-
ligenz," he remarks that Goethe did not
say that the Englishman was stupid, but
only that he is particularly apt, from a
certain insularity, from some want of
suppleness in his mind, and indeed from
his very strength, to take as the rule of
things what is customary, or what falls in
with his prepossessions and prejudices,
and to act stoutly and without misgiving,
as if it were the real natural rule of things.
What he needs most is what the Germans
are fond of calling Geist, a large outlook
and understanding. -
It was not only Ireland that Mr. Arnold
had before his mind when he wrote to

6 A STUDY IN EDUCATION
this effect. It was the great subject of
education, in which he saw his country
men sadly fallen behind other nations.
The battle for State regulation of elemen
tary education he knew was virtually won.
But he pointed out that the battle for
middle -class education was yet to be
fought before we could enter on the pro
cess by which alone the want of Geist in
our middle and governing classes could
be made up for. Nearly a quarter of a
century has passed since he wrote, and
but for one circumstance this battle would
still be remote. That one circumstance
has arisen. Our middle classes find their
position threatened by a new commercial
combination. They have been forced to
realise that courage, energy, enterprise are
in these modern days of little more avail
against the weapons which science can
put into the hands of our rivals in com
merce than was the splendid fighting of
the Dervishes against the shrapnel and
the Maxims at Omdurman. It is not

BRITISH COMMERCE TO-DAY 7
wonderful that instead of having, as a
few years ago we had, the lead of the
world in the manufacture of iron and of
steel, we have fallen behind the United
States with their enormous natural re
sources. But it is startling that we have
also been beaten in this particular race by
Germany. Great Britain regards herself
as the leading industrial nation. She has
been so for long, and until recent times
her place has not been seriously disputed.
She must continue to increase her com
mercial output. For it is the foundation
on which rest her financial resources, her
fleet, her hold on her colonies and depen
dencies. And yet if anything is clear, it
is that she is under the necessity, in these
early days of the twentieth century, of
making a resolute and successful effort if
she is to hold her own. She may not
continue to surpass the United States, for
Nature has handicapped her in the race
with America. But Great Britain must
not only maintain the volume of her trade.

8 A STUDY IN EDUCATION
but increase it, as the demand for expen
diture goes on increasing.
Let us glance at one or two instances of
the phenomena which are causing national
concern in these islands. I will start, as
a good illustration, with the brewing in
dustry. Thirty years ago Germany ex
ported no beer, to-day she exports almost
as much as Britain. In former times the
knowledge of brewing was at a low ebb
in Germany. The whole brewing process
was carried out empirically, according to
the ideas of the individual brewer. There
was no understanding of the chemical
changes which took place in the process,
no estimate of the output of the malt, no
ice cellars, very little machinery, no sac-
charometer. At last two German brewers,
Sedlmayr, of the Spatenbrauerei, in
Munich, and Dreher, of Vienna, visited
England in order to learn our methods.
In England the then methods were still
empirical, but the native skill of our
brewers had been greater than that of the

BREWERIES IN GERMANY 9
Germans, and their efforts had been much
more successful. Sedlmayr and Dreher
learned a great deal before they returned
to Germany, and they realised that there
was more still to be learned from science.
In 1862 an association called the Brauer-
bund was formulated for the promotion
of the common interests of the German
brewers, and by 187 1 it was thoroughly
organised. Its motto was this : " Die
Wissenschaft ist der goldene Leitstern der
Praxis ; ohne sie nur ein blindes Herum-
tappen in dem unbegrenzten Reiche der
Moglichkeiten." The result of the efforts
of the Bund were twofold. Scientific
stations were established, notably a great
one at Munich, to which the technical
problems which confronted the practical
brewer could be referred, and where these
problems were solved. As we shall see
presently, this kind of institution has also
taken root in Germany in other industries,
and with great results. In the second
place, brewing schools were founded.

lo A STUDY IN EDUCATION
There are now, if Austria is included, ten
of these in different parts of Germany
and Austria. The largest are those at
Weihenstephan near Munich, at Worms,
in Berlin, and in Vienna. These schools,
and also the six smaller ones, are provided
with class-rooms and laboratories. They
have in all cases experimental makings
and a brewery attached to them, and their
teachers are the most competent that can
be procured.
Let us look at the education which a
young brewer gets in these schools, but in
order to appreciate the situation let us
glance first of all at his preliminary
general education.
In England elementary education is
compulsory, and is provided and organised
under the supervision of the State, largely
by local authorities. Secondary and tech
nical education is not compulsory. The
State in a limited measure assists, but
does not organise or control it. Educa
tion of a university type is in a small

GERMAN SCHOOLS

II

measure assisted by the State, but it is
not organised by the State at all.
In Germany it is quite otherwise. Not
only are elementary, secondary and tech
nical, and university education, all three
of them, controlled and organised and
brought into close relation to each other
by the State, but they are in a large
measure made compulsory, either directly
or indirectly. Primary education is given
in the Volksschulen. Attendance there
or at a higher school is compulsory up to
the age of fourteen, and after fourteen the
pupil must, as a rule, attach himself to an
evening continuation school for three years
longer, where his elementary education is
continued and developed. Nearly9,ooo,ooo
children are just now being educated in
the primary schools of Germany, and
these number about 60,000 schools with
about 138,000 teachers. The cost of
these schools is ;;^ 17, 500,000 annually, of
which the State governments provide
;^4,78o,ooo. The balance is raised locally

12 A STUDY IN EDUCATION
out of rates. Secondary education is not
directly compulsory, but indirectly it is
made diffiqult to dispense with. On a
satisfactory leaving certificate from one of
these secondary schools depends (i) the
right of entering on the further courses of
study in the Universities and tertiary high
schools which have to be pursued by the
student who would enter certain very im
portant professions, and (2) the title to
exemption from one year of compulsory
military service. The secondary schools
are of two kinds, classical and modern.
The classical schools are known as Gym
nasien. The modern schools are divided
into those where Latin is taught, the Real-
gymnasien, and those where Latin is not
taught, the Realsschulen. The Gymnasien,
as a rule, prepare for the University, and
the Realsschulen for the High Technical
Schools. There are in Germany 1,100
secondary schools for boys, and 300 for
girls. These schools educate about 3 7 5,000
pupils under about 20,000 teachers. The

GERMAN SCHOOLS 13
cost is upwards of ;^4,ooo,ooo, of which
a great part comes from the local authori
ties and the fees. Secondary education
in Germany is not in general free, though
primary education is so. But few of these
schools are private ; all are inspected, and
no one is allowed to teach in them without
having obtained a certificate of competency.
A pupil may go into a secondary school
as young as ten or eleven. He remains
there about six years, during which he
studies, if he is in a Realschule, German,
English, French, mathematics (including
such higher subjects as logarithms, trigo
nometry, etc.), physics, chemistry, and
certain other sciences, and freehand draw
ing. With the Universities and technical
schools to which this training is the portal
we will deal presently. It is time to return
to the young brewers. In Germany these
begin their work when and not before
they have reached the status of the pupil
who has had in a secondary school a

14 A STUDY IN EDUCATION
scientific training up to the standard
which exempts him from one year of
military service. Besides producing evi
dence of this, the would-be student in the
brewing school must show that he is over
seventeen years of age, and that he has
had at least two years of practical ex
perience in a brewery. Indeed, he has
often had more experience than this, and
the result is that his average age is
upwards of twenty-four. As to what
follows, I will quote from a description
of the course of study at the Weihen
stephan school given by Dr. Frew in a
paper read before the Society of Chemical
Industry three years ago. This course
lasts for a year, which is subdivided into a
winter and a summer session.
" During the winter session there are
lectures on physics, general machinery,
brewery machinery, inorganic chemistry,
botany (with special reference to yeast),
hops, brewing practice, attenuation theory
and control of wqrk, book-keeping, the

GERMAN BREWING SCHOOLS 15
theory of exchange, and taxation of beer.
There are also practical courses in the
chemical laboratory and in the use of the
microscope, besides practical work in the
makings and brewery attached to the
school. In the summer session lectures
are given on brewery machinery, organic
chemistry, fermentation chemistry, zymo-
technical analysis, barley, brewing, faults in
working, pure yeast culture, architecture,
and theory of exchange. Then there is
practical work in the chemical laboratory
(zymotechnical analysis), in the physio
logical laboratory (pure yeast culture), and
in the makings and brewery as before.
Besides all this, the student may also, if
he so wishes, hear lectures on law, out
lines of political economy, commercial
geography, and distilling, but these are
not obligatory. At the end of the summer
session, examinations are held in the
various subjects, and the successful men
receive their diplomas ; the student's work
for a whole year is taken into account and
is thrown into the balance along with his
written examination, thus rendering the
cramming system more or less useless.

i6 A STUDY IN EDUCATION
After leaving the brewery school, the
brewer works for a year or two in different
breweries, so as to get the maximum of
experience, or else he may take the
position of brewer [Braumeister) in one
of the smaller factories. He then gradu
ally works his way up, perhaps taking a
position as maltster (Obermdlzer), foreman
in the fermenting- room [Gdhrfuhrer), or
washroom-man {Biersieder) in one of the
larger breweries, until at last he attains
the aim of his ambition, and is chosen as
brewer or brewing director in one of the
large breweries."
I have dwelt thus upon the teaching of
brewing in Germany because I wanted to
illustrate how the industrial life of that
country is in close contact with its
academic life. The case of the brewers
is but an illustration of the need which
those engaged in commerce there feel for
the education of a university type which
produces the teaching and organisation of
their own technical schools. I have chosen
brewing as a good illustration of this.

ANILINE DYES 17
because it is a less familiar illustration
than certain others, while hardly less
striking. Throughout the industrial world
of Germany one finds science applied to
practical undertakings by men who have
learned, if not in the Universities and
high technical schools, at least under
teachers produced by these institutions.
This is true of a multitude of trades. In
electrical engineering, in the manufacture
of chemicals, in the production of glass,
and of iron and steel, and of many other
articles for which Britain used to be the
industrial centre, we are rapidly being
left behind. A striking case is that of
the aniline colours, discovered and first
produced in England and manufactured
out of English coal-tar. The industry
has almost wholly shifted to Germany,
although the dyers in this country are the
largest consumers. And why ? Because
in Germany the manufacture has been
fostered by research in the university
laboratories, and by careful teaching in
D

i8 A STUDY IN EDUCATION
the technical schools, with the result that
great producing institutions, such as the
Badische Anilin Fabrik, have an endless
supply of directors and workmen trained
in a fashion which we have not the means
to imitate.
But the school is in Germany by no
means the only point at which the pro
fessor comes to the aid of industry. Too
little is known in this country of that
type of institution sometimes called the
Central- S telle, which has no parallel
among our business men. I will give
one illustration to serve as an instance
of numerous others. In this country and
in Germany alike, a very important branch
of industry is the manufacture of ex
plosives. In Germany, as here, the
manufacturers of dynamite, nitro-powders,
etc., are rivals, excepting in so far as
prices are (and this is often the case)
regulated by a mutual arrangement of
Groups and Trusts. But while the rivalry
of the Englishman is without stint, the

THE CENTRAI^STELLE 19
German knows a better way. He is
aware of the enormous extent to which
he is dependent, in such branches of
manufacture, on high science, and further
that the best high science cannot be
bought by the private firm or company.
Accordingly the rival German explosives
manufacturers, to follow out the illustration
chosen, several years ago combined to sub
scribe about ;^ 1 00,000, and to found close
to Berlin what they call their Central-
Stelle. This establishment, which is
maintained by subscription at a cost of
about ;^ 1 2,000 a year, is presided over by
one of the most distinguished professors
of chemistry in the University of that
city, with a staff of highly trained assist
ants. To it are referred as they arise the
problems (in this industry these abound)
by which the subscribers in their indi
vidual work are confronted. By it is
carried on a regular system of research
in the field of production of explosives,
the fruits of which are communicated to

20 A STUDY IN EDUCATION
the subscribers. The great manufacturers,
men like Herr von Duttenhofer, are in
constant communication with the establish
ment, in which they take the keenest
interest. In this country, it is needless
to say, there exists nothing of the kind.
And yet we have to compete with the
Germans, not only at home, but in such
important markets for explosives as South
Africa, where their use is the life of the
huge mining industry.
I have lingered thus long over the
practical side of the relation of science
to industry in Germany, because I do
not think that anyone can appreciate the
form and fulness of university life there
without having this relationship before
his eyes. I want now to turn to this life
itself. In Germany academic institutions, just
as is the case with her educational institu
tions of a secondary nature, fall into two
groups, that of the University proper, and
that of the Technical High School. In the

BERLIN UNIVERSITY 21
latter the education is in the main of the
tertiary or university type, almost as much
as in the case of the former. Indeed, the
connection between the two is very close.
Anyone who visits Berlin to-day may see
in the middle part of the city certain
huge buildings. At first he will take
them, from their size and appearance,
to be factories. But if he inquires what
industry the tall chimneys serve he will
be told that they belong, not to factories
at all, but to the laboratories of various
university teachers. In the University of
Berlin the professors of chemistry, instead
of numbering one or two as with us,
consist (I take the figures from the list
in the latest edition of the Minerva
Jahrbuch) of three ordinary, seven extra
ordinary, and twelve Privat-docenten, who
arrange their work so as not to overlap.
Specialised work is thus possible. The
great laboratories are places where every
kind of research is carried on, and the
student has not the hopeless feeling that

22 A STUDY IN EDUCATION
he has, say, in Edinburgh or in Glasgow,
where a single professor gives a stereo
typed course of instruction to all the
students of chemistry, however various
their aims in life. No wonder that Berlin
has been the theatre of marvellous con
quests by science of the secrets of nature.
It was, to mention a single instance, by
patient use of the means placed by the
State at his disposal in these laboratories
that one of the best known of modern
chemists, the late Professor Hofmann,
developed so enormously the theory of
the aniline colours and their production
from coal-tar that this industry has passed
from British into German hands. His
pupils and successors completed a great
career by showing how to produce indigo
synthetically, and they extended the pro
cess from the laboratory to the factory.
Whereas in 1886 Germany imported over
1,000 tons of natural indigo, in 1896 she
imported none, but exported 256 tons of
the artificially produced article. One of

INDIGO AND GERMAN CHEMISTS 23
the great natural products of India is in
consequence in serious danger. At the
present moment a capital of nearly two
millions sterling has been devoted in
Germany to its supersession. Taking the
coal-tar colour industry as a whole, the
comparative figures are only less remark
able than their consequences. In Germany
there has been invested in this trade by
the six largest firms, such as the Badische
Anilin Fabrik, over two and a half millions
sterling. They employ about 500 chemists,
350 engineers and technical men, and
over 1,800 workpeople. The total capital
invested in this manufacture in England
(a manufacture, as already observed, of
English origin) is about ;^5oo,ooo. It
employs only some 30 or 40 chemists
and 1,000 workmen. What has been
the result? The exports of coal-tar
colours from England have fallen from
;^530,ooo in 1890 to ^360,000 in 1900.
The imports, on the other hand, have
increased from ;^509,ooo in 1886 to

24 A STUDY IN EDUCATION
;^7 20,000 in 1900. According to the
figures as given in an address on the
coal-tar industry, delivered this autumn
by Dr. A. G. Green, in the Chemical
Section of the British Association, the
colours used by the Bradford Dyers'
Association are now 10 per cent, of
English make, 80 per cent, of German,
6 per cent, of Swiss, and 4 per cent, of
French. But the provision for chemistry in the
University is not the only provision made
for the would-be student of its application
to industry. Near at hand, on the other
side of the Thiergarten, is that Technische
Hochschule, the reputation of which is now
world-wide. Here there are six depart
ments, manned by professors of university
rank. Architecture, civil engineering,
marine engineering, mechanical engineer
ing, chemistry and general technical science
are, mainly at the cost of the State, taught
on a scale which has no parallel in this
country. So great has been the public

TECHNICAL HIGH SCHOOLS 25
appreciation of this institution, that the
magnificent buildings which were erected
in 1884 are already quite inadequate to
the needs of the three or four thousand
students who attend the lectures and work
in the laboratories. The studies of these
students, who are of university age, and
can only enter on production of proper cer
tificates of competency from the secondary
schools, are directed by a great staff of pro
fessors and Privat-docenten of University
rank. I visited the school last spring and
found it crammed to overflowing, not only
with students, but with all kinds of speci
mens and apparatus. Every new invention
of importance, e.g. in electrical machinery,
appeared to have been procured and made
the subject of practical study.
This kind of alternative University (the
Kaiser has recently conferred on the
Berlin school the right to grant diplomas
of certain kinds) has taken firm root in
Germany. There are ten of them (includ-,
ing the one in course of establishment at

26 A STUDY IN EDUCATION
Danzig, eleven), in addition to the twenty-
two Universities of the ordinary kind.
They have been established because the
Government has thought it a good invest
ment to pay seventy per cent, of the cost
of equipping and running them. They
are not free, but the fees are low, and the
students appear to make no difficulty about
finding these fees. When people in this
country talk of the remarkable decrease in
the attendance at the Scottish Universities,
and ask whether the remedy is not to find
the fees of the students, they would do
well to study what has taken place in
Germany. It is evident that the reason of
popularity of the Universities and technical
schools there is not that they are free, for
they all charge fees, but that they help the
student to a position in life. In Berlin I was
told that the manufacturers regularly watch
the careers of the promising students, and
offer them employment as they leave in the
great chemical and engineering establish
ments. How little inducement do we here

THE DOUBLE AIM 27
offer to our manufacturers to act similarly,
and how little inducement there is for the
student to come to the University if his
aim be to go into business afterwards !
The double aim of the German university
system — pure culture on the one hand, and
on the other the application of the highest
knowledge to commercial enterprise — is a
growing feature of German life. In Berlin
it has been developed with the aid of the
taxes on a magnificent scale. In Leipzig,
where alongside of the existing great
University a new commercial University
has recently been established, the same
thing is to be witnessed. Over all Germany
the Minister of Education is constantly on
the watch, and his business is wherever
he deems it necessary to establish a new
school of tertiary education or to add to
an existing one, to approach the Minister
of Finance and get out of him the requisite
funds. The Germans grudge expenditure
at least as much as we do, but this kind of
expenditure experience has taught them

28 A STUDY IN EDUCATION
not to grudge. Besides the 22 Universities
with their 2,500 professors and 22,000
students, and the 10 Technical High
Schools with their 850 professors and
1 1,000 students, there are 18 other technical
schools of a lower grade, and also a number
of Commercial High Schools or colleges.
Of smallerinstitutions there are 259 Schools
of Agriculture in Prussia alone, attended
by 10,000 pupils, and 1,000 other schools
where instruction in agriculture is given.
Taking primary, secondary and tertiary
education together, the expenditure of
public money (including rates) on education
and instruction amounts* to ;^25, 000,000
annually. In 1898, out of 250,000 recruits
for the army and navy, there were only
200 who had not been to school — in other
words, I in 1,250. It shows how the huge
system thus slightly sketched has made
education progress that ten years ago the
proportion was i in 141, and twenty years
ago I in 59.
He would be a pedant who thought that

THE UNITED STATES 29
education alone could determine the com
mercial position of a nation. Yet more
than ever, as science tends increasingly
to reduce nature to subjection, education
becomes important. In the United States
a highly practical people are taking this
view, and it is noticeable that the rapid
increase there of universities and technical
schools is largely due to the faith in their
efficacy shown by practical men of business.
The millionaire in America seeks to save
his soul by building, not churches, but
colleges, and if he insists on embodying
in their constitution ideas of his own which
are not always the highest ideas, this
shows his zeal. The British people are
not yet a decaying race. The Anglo-
Saxon, here as in America, is probably in
energy, in courage, and in doggedness of
purpose superior to all his European rivals
in commerce. If proof of this be wanted
it will be found in the way in which the
absolute volume of our trade continues at
a high level. It is a remarkable tribute

30 A STUDY IN EDUCATION
to our race that the assessments for income
tax purposes have, during the last ten
years, shown an increase of about 20 per
cent, while the population has increased
only 10 per cent.
But organisation and instruction have
been carried to a far higher pitch in
Germany and Switzerland than with us,
and if we are to hold our position we
must furnish ourselves with the discipline
and the weapons with which the foreigner
has prepared himself for the contest.
Now in suggesting that reform of our
education, and particularly of our tertiary
education, is essential, I am far from
desiring to suggest that we ought to wish
to see it entirely subordinated to utilitarian
considerations. Culture is an end in itself,
and if it is to be won it must be sought
for its own sake. But the Germans have
shown us how the Uni'Versity can fulfil a
double function without slackening the
effort after culture. In a certain exquisite-
ness the flowers of scholarship which

FOREIGN UNIVERSITIES 31
Oxford and Cambridge have produced are
probably without examples to rival them,
unless it be in France. But for breadth
and understanding who will dare to place
the record of the work done in Oxford
and Cambridge in the department of
classical literature above what has been
turned out in Germany ? Take the edit
ing, and with it the criticism, of Greek
philosophy, and compare the shallow
formalism which did duty in the English
Universities up to about thirty years ago,
when German ideas began to penetrate,
with the work of German scholars. The
memories of Plato and Aristotle owe the
influence they have to-day to a Hegel, a
Schwegler, a Prantl, and a Zeller, and
certainly not to the commentators who
until about thirty years ago ruled in the
Universities of this country. But it is
not right to try to exalt one phase of
scholarship at the expense of another.
And when we turn to the history of
mathematics and of physical science we

32 A STUDY IN EDUCATION
may well be proud of the series of great
thinkers whose spiritual mother Cambridge
has been. Only let no one imagine that
in the record of the German Universities,
in pure scholarship and pure science alike,
in the pursuit of knowledge for the sake
of knowledge alone, the work done at
Berlin, at Leipzig, at Jena, at Gottingen,
during the past hundred years, has not
been of a quality as high as any that the
world has seen.
The conclusion of the whole matter
seems to be that we could establish in
Great Britain and Ireland a system of
teaching of a university type, with the
double aim of the system of Germany,
and that without injury to quality in
culture. We are proud of Oxford and
Cambridge. They have taken centuries
to grow up, they are rooted in splendid
traditions which we seek not to disturb.
But that does not make the educational
reformer desire the less to see the expan
sion of another kind of teaching which

PROVINCIAL UNIVERSITIES 33
they are not adapted to give, and which is
none the less a national necessity. The
Victoria University and the University of
Wales have taken the way we want. Let
us assist still further the magnificent
private efforts which made them what
they are to-day. Why should not Liver
pool and Manchester, with their public
spirit and rapidly increasing populations,
possess, as in Germany they certainly
would, their own Universities ? How
ridiculous it is to dread that such Uni
versities would prove Liliputian ! Why
should Leeds not be the headquarters of
a Yorkshire University? Why should not
Birmingham, where the energy and in
fluence of Mr. Chamberlain have brought
about a remarkable fresh development,
be the centre for the Midlands ; and
why should not Bristol, where the soil so
far has proved somewhat less fertile, be
made by State cultivation the centre for
the South-west of England? Why should
the four Scottish Universities, by their
F

34 A STUDY IN EDUCATION
very nature of a popular and accessible
type, but in the main, owing to the
sluggishness and want of ideas of their
governors, of little use from the point
of view of the application of science to
industry, remain as they are to-day ?
Their students are falling off, and why?
Because the young men of our Scottish
middle classes are more and more turning
their minds to careers in commerce, at
home and abroad, and their native Uni
versities offer them but little opportunity
of special training. No amount of free
dom from the obligation to pay fees will
meet the necessities of the case, though
the splendid gift of Mr. Carnegie has in it
other possibilities which should not fail to
be recognised. Why, again, should we
not establish in Ireland say two teaching
Universities, one in Belfast and the other
in Dublin, adapted to the local require
ments ? We can make them open Uni
versities. The Hierarchy has solemnly
and explicitly accepted, in the resolutions

IRISH UNIVERSITY QUESTION 35
passed at Maynooth in the summer of
1897, the principles of the Test Acts,
of a preponderance of lay government,
of non-employment of State moneys for
denominational purposes, and of security
of tenure for the teachers. The Presby
terians of the North are ready to follow
suit. No doubt it is true that in Ireland
undenominationalism means, and appar
ently for the present can only mean, the
equal treatment of denominations. No
doubt the University at Dublin would have
a Roman Catholic savour, while that at
Belfast would be redolent of Presbyterian
ism. We may regret this, but we cannot
help it, and it is no reason for denying
what would at all events be new light in
the dark places in Ireland. After all,
Ireland is not the only country where
education has to take its chance in the
struggle with prejudice. We govern here
according to English ideas, and our busi
ness is to govern Ireland, as far as possible,
consistently with the ideas of Ireland.

36 A STUDY IN EDUCATION
We have hardly yet realised how many
of our difficulties in that unhappy island
have arisen from neglect of this useful but
forgotten maxim of statesmanship ; to
how much of failure the constant yielding
to the British cry of " No Popery " has
condemned us in our struggle to improve
the condition of Ireland. Lastly, why
should not the great teaching University
of London, called into existence by the
Act of 1 898, but so far only a somewhat
unruly infant in swaddling clothes, become
the educational centre of our empire ?
It was only the other day that the Govern
ment of New Zealand was announced in
the newspapers to have suggested that
the best form of memorial to Queen
Victoria would be to establish in the
new University of the British metropolis
a post-graduate research college, where
students from every part of the empire
could come to carry their scientific train
ing further than is possible in the less
specialised colonial and other Universities

LONDON 37
and colleges. The fear of local jealousies
will doubtless prevail over the somewhat
mild enthusiasms of our rulers, and the
memorial will not be permitted to assume
any such useful form, and thereby will be
lost one more opportunity of establishing
a new link in Imperial Federation of
probably the only type, apart from that
of sentiment, that is possible — the type
that consists in linking the colonies to us
by ties of interests and institutions which
they may possess in common with us.
London, with its vast industrial popula
tion, with its colossal enterprises in com
merce and finance, with its huge gas
production, its great industries, such as
tanning and brewing, its ship-building, is
surely of all cities the one where the
application of science to industry ought to
be developed in special forms without
equal elsewhere. How far off we are
from the realisation of the idea of a great
post - graduate teaching centre for the
empire those know best who have had

38 A STUDY IN EDUCATION
most to struggle with the apathy, the
ignorance, and the jealousy that retard
the most strenuous efforts.
The truth is that work of this kind
must be more largely assisted and fostered
by the State than is the tradition of to-day
if it is to succeed. Probably we have
a greater capacity for local effort than
any other nation. Our municipal life is
becoming more and more permeated by
intelligence. But the work is not only
far too great, but far too important to
be left to local or private enterprise. It
concerns not localities merely but the
nation, and the effort must be the effort
of the nation as a whole to gain its feet.
The expenditure cannot but be great ; but
it will be salvage expenditure and cannot
be stinted, however desirable economy in
other directions may be. For it goes to
nothing short of the sources to which our
people have to look for the future of that
commerce which is their life-blood as a
nation.

II

UNIVERSITIES AND THE SCHOOLS
IN SCOTLAND
YOU have been so good as to allude
to me as one who is keenly in
terested in the subject of education. I
will say to you at once that I am in
terested in that subject, not merely because
it is education, but for the reason that to
me it appears the most important, without
exception, of the great social reforms
which await treatment at the beginning
of the twentieth century. Educate your
people, and you have reduced to compara
tively insignificant dimensions the prob
lems of temperance, of housing, and of
raising the condition of your masses.
These things solve themselves if you only
39

40 UNIVERSITIES AND SCHOOLS
get the right spirit into your people.
Now, I am not one of those who take a
pessimistic view of the educational situa
tion. For when I look at the state of
things to-day and contrast it with the state
of things thirty years ago, I am conscious
of an enormous advance. Elementary
education became first compulsory and
then free. Secondary education is still in
a somewhat incoherent condition, but
within the last three years) in Scotland at
least, great advances have been made.
We owe much to the enlightened policy
of Lord Balfour of Burleigh and Sir
Henry Craik, and one whom I must also
mention in this connection, Mr. Struthers,
for the advances that have been made
since the Science and Art Department
was taken over by the Scottish Education
Office. We have seen almost within the
last few months great changes made which
point to still greater changes in the future.
Technical education is becoming some
thing of a reality, in its earlier stages at

PROGRESS IN SCOTLAND 41
all events, among us. Much remains to
be done, but the zeal which the Depart
ment has shown, to my mind, affords good
promise of yet greater things in the near
future. It is not stagnation of the educa
tion question in Scotland that troubles us.
There is more interest in it than there
was, and there is more movement in it
than there was. Things, as I have said,
are a great deal better than they were
thirty years ago. But what does disturb
me is, not that this country is making no
advance, because that is not true, but that
this country is not making any advance
comparable to the advance which is being
made abroad. When I think of the ex
tent to which our commercial intelligence,
the training of our captains of industry in
science and applied knowledge, depends
upon the foundations which are essential
to a good general education, I own I am
depressed, because I find throughout
Great Britain a great backwardness com
pared with the state of things abroad, and

42 UNIVERSITIES AND SCHOOLS
with our leading competitors in the great
markets of the world. One thing I think
is seriously wanting, and that is a much
more enlightened intelligence on the part
of the public with regard to education.
I am a student, and if I might venture to
suggest it, I would have you who are
engaged in the business of education also
to be students, of the writings of Matthew
Arnold. To my mind Matthew Arnold
was a man who understood the real mean
ing of the education problem of this
country, and although he wrote thirty
years ago, he has set it before us better
than anyone who has written since. He
pointed out that our conception of educa
tion was a great deal too mechanical.
Let me illustrate this, and in illustrating
it I will incidentally make a criticism
upon the attitude of the elementary
teachers of this country. There is too
great a disposition to treat elementary
teaching as if it were a thing by itself, as
if it could be separated from the whole of

THE TEACHERS 43
knowledge and from the rest of culture.
Now that is not a true conception of
elementary education. The work of the
elementary teacher ought to be part of
the work of a section of a great army,
and an army which has got to co-operate
and work as a whole. It is only by show
ing that your elementary teaching is
linked to something beyond, and that that
something beyond is linked to something
yet beyond, that you will ever be able to
awaken among our people that interest in
the whole matter that you have seen for
thirty years past in Germany ; that zeal
which distinguishes Switzerland, aye, and
that spirit of progress which distinguishes
the United States at the present moment.
What we have got to do is to make our
people interested in education, and before
we can accomplish that we have to make
education interesting. Now you elemen
tary teachers will have to bear your part
in bringing that about. Do not think I
am blaming the elementary teachers, for

44 UNIVERSITIES AND SCHOOLS
they are what the law and the constitution
have made them. They have been cut
off too much and shut apart in an isolated
sphere. Well, the work must be done co
operatively, and the elementary teacher
must show some initiative if he is to
emancipate himself; and what I feel to be
the great problem to-day is the welding of
the educational system of this country into
one complete whole, in which elementary
education, secondary education, and the
University shall all be indissoluble parts
of one system.
I have chosen for the topic of this
address the relation of the University to
education, and you will see presently why
I have taken that topic. It is because
I believe that in this country the Uni
versities ought to be the leaders in
permeating our educational system with
what Matthew Arnold was fond of calling
by its German name of Geist — I mean
the larger intelligence and culture without
which education not only cannot be inter-

THE IDEALS 45
esting, but cannot be sufficiently com
prehensive to take effect on practical
business. ,.You have two great aims in
your educational system — culture for
culture sake, and the application, so
fascinating in these times, and so needed
in the present commercial situation, of
knowledge to industry. These can only
be based on a first-rate system of general
education. Their complete attainment
depends, however, on the sources of
influence which lie beyond general educa
tion. The Universities must be not merely
detachable superstructures, but the brain
and the intelligence which permeates the
whole systeny Now, I want to-day to
follow out something which I tried, I
am afraid very imperfectly, to do the
other day. In October I delivered an
address at Liverpool on the comparative
positions of Great Britain and Germany
in the matter of education, which some
of you may have noticed. In that
address, speaking as I was to some of

46 UNIVERSITIES AND SCHOOLS
the leading citizens and leading educa
tional authorities in that great commercial
city, troubled just now by the knowledge
that its business men are not so well
equipped as the business men of America
and Germany, I dwelt upon what has
been the great feature of the German
system. What has made that German
system possible is the assistance which
the State has given in founding higher
education. I pointed out that the people
of Germany are generally interested in
education, and that this did not come
about by accident, but as the result of
the perfection of their educational system.
I went on to dwell on what that educa
tional system was. I am not going to re
peat to-day what I said then. But the
study I have made of German education
has impressed me very much with some
thing, to which I alluded in Liverpool.
I pointed out that in Germany education
has this remarkable characteristic — that
elementary education, secondary education,

GERMANY 47
and university education are all co-ordinate,
that each one exercises a profound in
fluence upon the others, and when you
get to a stage beyond what is elementary,
it is only to bring you face to face with
a stage beyond that again. And this
linking has enabled the German people
in their education system to accomplish the
fulfilment of a double end. Elementary
education in Germany is, as you know,
a system which is very stringent, and in
many respects very severe. In practically
all the States — for as a rule in Germany
education is not an affair of the Federal
Government, but of the States — the child
must remain at an elementary school until
fourteen, unless he gets a certificate which
enables him to say that he has accom
plished his elementary course of training.
But after that there are the continuation
schools, which are very much more
thorough affairs than the continuation
schools here. Evening classes exist in
a highly organised form in most of the

48 UNIVERSITIES AND SCHOOLS
States, and a boy or girl is compelled
to attend till the age of seventeen. But
that is not all. Compulsion — at least
what most people call compulsion — ends
with elementary education in Germany,
but another sort of compulsion is very
promptly applied, which drives the pupil,
if he wishes to get on at all in life, into
the secondary and technical schools. . If
you want to forego a year of military
service, or to have a post, say, in the
telegraph service, you must produce a
certificate of training in a secondary
school. If you want to enter any of the
learned professions, you must do the same
thing. If you want to enter the Civil
Service of Germany, or if you want to
enter almost any of the learned professions,
you must produce your certificate of
adequate secondary education. Not only
this, but in the factories the foreman must
in many cases produce a proper certificate
of educational training. But Germany
presents another feature which must be

GYMNASIUM AND REALSCHULE 49
borne in mind. The moment you get
into the secondary school, you have got
the choice between the Gymnasium, where
the classics are taught, or the Realschule,
where Latin is not taught, but where the
training is in the direction of scientific
and technical development. When you
have gone through your secondary educa
tion — for they stand no nonsense about
shortening the course in Germany — then
comes the time for a still further choice.
You may go into the University to train
yourself for pure culture, or for the ordi
nary professions, or you may go into what
is a peculiarly German equivalent for the
Universities, the so-called technical high
schools, which are not technical high
schools as we know them, but institutions
of university rank in which you get a
training quite up to the university level,
and that gives you a chance such as we
know nothing of in this country. You
come out proficient in chemistry, not as
it is taught in the Scotch Universities,
H

50 UNIVERSITIES AND SCHOOLS
but in special departments of chemistry
as applied to varying phases of practical
industry. You can be trained in en
gineering, and not in engineering in the
abstract, but electrical engineering, bridge-
building, or almost any special subject you
like to choose. You may be educated in
these great institutions in naval architect
ure, or a score of other things for which
the State makes provision in Germany.
What is the consequence ? The manu
facturers there are interested in these
matters. I went the other day to make
a speech on general politics in a great
manufacturing centre in England. I found
they were engaged in an industry there
where to me it seemed that chemistry must
be of the last importance. There were a
number of successful business men on the
platform, and one of them made a speech.
I had referred to technical education as
a subject to which politicians must turn
attention. "Well," he said, "there is
a great deal in that, but it is not our

PROFITABLE SCHOLARSHIP 51
way in England to go in for the sort of
scientific training that foreigners like.
There was a young chemist who came
to this town not long ago with a German
technical training, and some thought we
should take him. He began by asking
a high wage, but nobody would have
him, and he got down to ;^2 a week.
Nobody would have him at that, and he
went back to London."
The result of our British attitude is
that there is no demand for the specially
equipped student, while in Germany there
is a very great demand. I have been told
that the class lists of the great technical
high school at Charlottenburg, which
sends out twelve or fourteen hundred
experts, from twenty-two to twenty-three
years of age, every summer, are watched
by the manufacturers, and a distinguished
young fellow emerges probably to be met
by somebody, who says, " What are you
going to do, my friend ? Come to our big
commercial establishment (wherever it

52 UNIVERSITIES AND SCHOOLS
may be), and you shall have ;^200 to
start with and 15 per cent, of the profits
on anything you invent." That is the
way to encourage a good man. In
Germany the conditions are still more
stringent when you pass to any of the
still higher posts in the State. You can
not equip yourself for the professions of a
doctor, or a lawyer, or schoolmaster unless
you have an appropriate university train
ing, and the result of the whole thing is
that in Germany you have got the spirit
of culture and the spirit of knowledge
applied to industry facing you at every
turn and permeating the whole system,
and we here begin to feel a formidable
competition in the foreign trade of the
world, of which we have hitherto had a
monopoly. " Made in Germany " is not
the term of reproach it was supposed to
be ten years ago.
I have sought to give you some idea of
what some of you know very well already,
the system of education in Germany,

TEACHERS AND UNIVERSITY 53
whereby every branch and every stage is
linked to every other, and whereby, as soon
as you get to the higher grades, the double
end, pure culture on the one hand and on
the other application of knowledge to in
dustry, is carried out in great perfection.
But it is not only when compared with
Germany that there is room for introducing
the operation of the University into the
British system. I want to take the
position of the teacher in this country
and the effect which reform of the Uni
versities might have upon the status and
mental calibre of the teacher, and to
illustrate that to you from what is going
on in foreign lands. Just as at Liverpool
I took the substance, so to-day I want to
take the machinery, the workers who bring
about that substance, and dwell particularly
upon the position of the teacher, and in
order to do that the better, I should like
to survey the position in which in Scot
land we are in that respect.
Until a few years ago, practically until

54 UNIVERSITIES AND SCHOOLS
within the last three years, education of
the elementary kind stood by itself, and
the elementary teachers in Scotland were
a class by themselves. Fortunately we
had a great tradition here. We had the
tradition of the old parish schoolmasters,
who sometimes were very incompetent
persons, and sometimes very remarkable
men indeed. The parish schoolmaster did
not confine himself to elementary educa
tion by any means. By the interposition
of Providence — because I am sure it was
not by the wisdom of Parliament — it came
about that the Scottish Education Act,
which followed the English one of 1870,
was drawn in such a fashion that we could
raise no Cockerton case. The result was
that the Scottish elementary teachers were
left free to impart a good deal of sec
ondary education in their schools, and I
am bound to say they used their oppor
tunities as fully as the law would allow
them. But still they were only teachers
under the elementary system, and that

COUNTY COUNCILS 55
elementary system, which imposed limits
on their individuality, made them a less
interesting body of men than the old
parochial schoolmasters, some of whom
were really a great power in the parish.
At last things have begun to change.
County Councils, not always very lumi
nous bodies, have got the control of a
certain amount of money — the beer and
whisky money as it is profanely called —
which they can apply for the purposes of
technical education and to some extent of
secondary education. The consequence
of this has been a little improvement in
our notion of the extent to which educa
tion should go. Some people still complain
bitterly of the mischief which education is
doing, and they will tell you that education
is being carried too far, and that there will
soon be nobody left for manual labour.
For my part, I would rather have an
educated man to dig a ditch than an un
educated man. I pass that argument by
as one that is not worth refuting. Now

56 UNIVERSITIES AND SCHOOLS
that we have got a Science and Art
Department here, we have something like
the beginning of a system of secondary
and technical education in Scotland. I
won't call it a system, because it is not a
system ; but we have here some of the
elements with which a beginning may be
made, and a very good start the Education
Department have shown.
I hope very much that the Bill intro
duced by the Secretary for Scotland last
year will be introduced again and passed
in an improved form this session. You
remember what that Bill proposed to do.
It dealt with secondary education, and its
purpose was to establish a number of local
authorities. I think there were to be
thirty -nine in all, one for each of the
thirty-three counties and six in addition
for six big towns. These authorities were
to organise, to endow, and to inspect
secondary schools in Scotland. To them
would have passed in natural course the
control of the technical education money,

UNIVERSITY CENTRES 57
and we would have had something like
the foundations of a system. But even
if that Bill were in operation, to my mind
you would then have but the walls of the
building. You would still be lacking in
the roof. I would like to see that Bill
extended by the establishment of not only
your thirty-nine authorities, but four other
central councils, or whatever they might
be called, one in each University centre,
one having its headquarters in Edinburgh,
one in Glasgow, one in Aberdeen, one in
St. Andrews or in Dundee, where you
could bring the influence of the University
to bear upon the system of secondary
education which you are creating. I
should like to see the Universities well
represented upon these committees, and
thereby to see university influence begin
ning to permeate our system in Scotland
as it permeates the education system in
Germany. Don't imagine for a moment
that you can establish here something
satisfactory by merely following the pattern

58 UNIVERSITIES AND SCHOOLS
of a foreign country. Our notions are
entirely different from those of Germany.
There everything is done by the State
right through, and the position of the
teacher in Germany is a position which
would not be tolerated in this country.
The teachers in Germany have grievances
of kinds you do not know here, which
often seem to be quite intolerable. To
that I will refer later on. What we want
is to take the British principle, which is
local administration and control, fostered
and assisted by the State. That, to my
mind, is the key-plan to which our educa
tional system must conform, having regard
to what is the genius of our people.
What we have got to do in order to secure,
consistently with this principle, the linkage
throughout, with the double end to which
I have referred, is to bring the university
influence to bear upon our secondary edu
cational system.
Now don't imagine that I think that by
their recent traditions, or by their present

SCOTTISH UNIVERSITIES 59
attitudes, the Scottish Universities are in
such a satisfactory frame of mind that
they are well adapted to come into that
system. They will, perhaps, have the
most to learn of all the three educational
authorities. They will have to realise that
they, too, like the elementary teachers,
ought not to be shut off and enclosed in
water-tight compartments, apart from the
rest of the educational system of the
country. They will have to recognise
that their work is co-operative and co-
ordinative, just as the work of the others
is. But in the Universities we have some
men of public spirit, some men, at least,
of enlightened ideas, men who are ready
and able to take their part in this ; and,
speaking for myself, I should regard it as
a great gain if the elementary teachers
and professors were brought together,
working side by side, learning from each
other, the mind of the one body operating
on the mind of the other. What I have
suggested — and what applies to England

6o UNIVERSITIES AND SCHOOLS
in another form as well as to Scotland —
seems to me the probable way in which
that matter will work out here. The little
of it that is done, and the much that
remains to be done, illustrates the extra
ordinary backwardness of our educational
system as it is to-day. We have got a
first-rate elementary system, but it wants
improvement, and it will be improved
only when it is treated as a part of the
larger whole. We have got a system of
secondary education which is only begin
ning to exist, for it does not exist as a
systematised whole, and which we have to
co-ordinate and put upon a proper and
regulated basis. And we have got a uni
versity system that is not reformed at all.
To my mind, the Universities stand still
more aloof from the national life than the
body of elementary teachers.
It is good to contrast these conditions
and things we have got to reform with
what obtains abroad. I have spoken
about Germany, and I shall have a word

AMERICA 6i
to say about Germany again. But let us
take another nation. I have been learn
ing something lately of the educational
system of America, and it is extremely
interesting to see what is going on there.
America possesses a very go-ahead people,
not only in trade and commerce, not only
in practical application of science, but in
their higher educational matters. You
have only got to look at the books
America is beginning to pour out on
abstract subjects, to look at the recent
writings of some of her distinguished
writers on speculative topics, to see that
in abstract knowledge as in commerce
America is going ahead by leaps and
bounds. Why is it ? I put it down
partly, at least, to the development of
higher teaching that has taken place in
America. Here, if a millioriaire devotes
himself to making money selfishly all his
life, and if he feels a little uneasy about
the future as he gets towards the end of
his life, he builds a church or makes a big

62 UNIVERSITIES AND SCHOOLS
contribution to some Sustentation Fund.
In America his national spirit comes to
his rescue, and he founds a University or
gives a large contribution to Yale or
Harvard. Well, I think for myself the
one millionaire will be just as well off as
the other. The most striking feature of
American national life has been of late
years the way in which these men, who
have amassed colossal fortunes, have
founded great educational institutions.
Look at the work of men like Mr.
Rockefeller in the creation of the great
University of Chicago. Look at the
splendidly endowed universities and col
leges in the Western States which owe
their lavish equipment to American mil
lionaires. Look at the example which
has been set us by the great American
capitalist, who is one of ourselves, Mr.
Carnegie. Look at what he has done,
not merely for the land of his adoption,
but for the country of his birth.
The American spirit does not, however.

EDUCATION IN AMERICA 63
confine itself to university education. In
New York there is a magnificent training
college for teachers established in much
the same way, and linked to the Columbia
University, which is the centre of light
and culture in the State of New York.
Go where you like across the Atlantic,
you will find a university, or technical
school, or training college, the result not
only of State grants as in Germany,
where education establishments almost
exclusively derive their assistance from
the public funds, but of the gifts of rich
men. Well, the consequence is you have
got a magnificent work being done in both
practical and theoretical sciences at the
present time, and a great advance in
culture throughout the United States, and
all over the United States you find the
same influences at work. Education there
^is not the work of the Federal Govern
ment, It is an affair either of private
individuals or the State legislature. And
even the small States show the practical

64 UNIVERSITIES AND SCHOOLS
spirit of the Americans and their apprecia
tion of the lessons which they have learned
from Germany and Switzerland. The
other day I was told, as an illustration of
this, about what was going on in the
mainly agricultural State of Wisconsin.
It is not one of the greatest States. But
it has got its State University. What has
.'f' the State University to do ? It goes in
for pure culture, and it goes in for the
application of the sciences to industry.
But that is not all. In America, in the
hot weather, the schools suspend their
work. But the teachers fill up their time,
and the University of the State of Wis
consin provides summer clases for training
^ teachers in the theory of education, and
special courses bearing on its practice,
upon a scale which has no parallel in any
University we have in this country. The
result is that the secondary schools, and
even the elementary schools, in the State
are permeated by the university influence,
and come into contact with the best brains

FRANCE 65
in the State. Well, America is after all
in a much less advanced condition than
some of the nations of the Continent.
But it has begun with a spirit and energy
which will before long bring it alongside
any of them.
Now in America you have only got the
development of an idea which they have
learned, I regret to say, not from us, but
from our continental neighbours. I want
next to turn to a nation on the Continent
which has paid great attention to educa
tion, but which has suffered from a defect
different altogether from any defect we
have, from the lesson of which we may
learn a great deal. Nowhere has more
keenness been shown lately about the
reform of education than in France, and
nowhere has the condition of education
been pronounced more clearly to be de
fective. Why is that ? France is not
like our land, where education is in an
unorganised condition and where the State
has done too little. In France the com-
K

66 UNIVERSITIES AND SCHOOLS
plaint is that the State has done too
much. I refer to France to illustrate
another pitfall into which you may fall in
the journey of reform. To this matter
of the study of these systems on the
Continent I don't think that we can give
too much attention. We ought to study
their successes and their failures. I wish
that among our teaching community there
could be a more general reading of those
special reports edited by Mr. Sadler of
the Education Department, which are full
of valuable information about foreign
systems of education and the shortcomings
of our own. While France comes in for
a good deal of attention there, even more
edification is to be found in the recent
book by M. Ribot on secondary education
in France, written by him after making
his report as chairman of the recent com
mission on secondary education in that
country. M. Ribot points out that there
has been over-centralisation in France as
the result of too much State control. The

CENTRALISATION IN FRANCE 67
teacher in France is too much a State
official, I know people in this country
who say you will never get teachers placed
on a proper basis till they are made Civil
Service officials. Before anyone comes
to that conclusion, let him look at what
has happened in France, where the teacher
suffers from being too much a civil servant.
What we want is to keep to our national
genius, not making the teacher too much
of a State official, but reforming the
authorities on which he is too much de
pendent at the present time. In France
they go to the other extreme. They do
not trust local authorities at all. They
put the teacher under the Minister of
Education, and the result is that in France
to-day you have got a sort of educational
civil servant, who is bound hand and foot
by iron regulations, which are of much
the same spirit as obtains in the army.
In France you have centralisation carried
to an extreme, and, with over-attention to
the machinery and form, there has not

68 UNIVERSITIES AND SCHOOLS
been adequate attention to the substance.
You have not the double end of Germany
and America, and consequently the sys
tems are imperfectly linked. In France
you have got a Minister of Education who
is all-important and all-powerful. Under
him you have got seventeen or eighteen
Universities put upon their present footing
by a recent French law, some of them
more or less admirable in their way, upon
which the State spends a great deal of
money, but, like our own Universities,
pronounced by the French people to
be out of harmony with the life of the
nation, because moulded on a cast-iron
pattern. Passing from the Universities — I am
now going from the top downward — every
thing is centralised from Paris, and for
secondary education you have to go to
what are called the Lyc^es and the great
secondary schools or colleges of France.
The Lycde is directly organised by the
State. The teachers are appointed by

TEACHERS IN FRANCE 69
the State, and the whole thing is con
trolled by the State. The colleges are
also secondary schools which are organ
ised locally, but are under State control,
and taught by State teachers, the bulk
of the money being found by the State.
Then you come to the elementary schools,
which are called into existence and kept
up by the Commune. The teachers are,
however, appointed not by the Commune
but by the State, acting through the
Prefect of the Department, who is a State
official under the control of the Minister
of Education in this matter, with the
result that there is a sort of gap between
the local people and the teachers, neither
having much influence upon the other.
Of course the French system has its
merits. Nobody can teach there who is
not a properly certificated teacher. No
body can hold the position who has not
got a State qualification. The State finds
a great deal of the money for the teachers,
and the State trains the teachers in the

70 UNIVERSITIES AND SCHOOLS
great State training colleges, and on that
side we have a great deal to learn from
the French Government. But while that
is true, it is equally true that the whole
system is so centralised and cast-iron,
with so little room for individuality and
elasticity, that we must look upon the
French educational system as one-sided.
That is an illustration of an evil we must
steer clear of if we want to succeed.
So much for France. Now I want to
say something which I have tried to dig out
for myself about Germany. In Germany
you have got complete co-ordination. I
need not speak of the Universities. I
have already described them. They are
kept up practically entirely out of State
funds. In Germany it is considered to be
a good investment for the State to con
tribute seventy or eighty per cent, of the
cost of the Universities. The secondary
schools fall under three classes. There
are the State schools, which are kept up
by the various German States. There are

TEACHERS IN GERMANY 71
the municipal schools, which are generally
subsidised by Government grants, but they
are locally organised. And there are the
private schools, which are very different
from the private schools here. Anyone
setting up a private school here would set
it up and conduct it as you would a
business. But in Germany the law would
be down upon you if you did anything of
the kind. Nobody can teach in a secondary
school who has not got a Government
certificate, and in order to gain that certifi
cate he has to get a training according
to the Government conditions, and that
training is pretty stiff. There is a bitter
cry going up from the secondary teachers
in Germany just now, and when I tell you
what they have to go through perhaps you
won't wonder. The secondary teacher
must have had nine years in a higher
school. He must then have at least three
years at the University, and he must
go through a year at a Seminar, a special
class arranged for the training of teachers.

72 UNIVERSITIES AND SCHOOLS
He has then to go for a year on probation,
and he has of course besides that his
military qualification to fulfil, with the
result that nobody can be a secondary
teacher at all until he is thirty or thirty-
one years of age. He then becomes a
sort of State official, and although he may
be privately appointed and privately paid,
he must conform to the Government
regulations. If he is a teacher in one of
the State schools — and this is by far the
most numerous class in Germany — he has
to submit to all sorts of rigorous rules,
with the result that there is a great com
plaint in Germany that the teachers are
under the iron rule of the State, and that
they are not sufficiently paid or sufficiently
esteemed. All these things illustrate how,
when we try to avoid one evil, we are apt
to fly to another ; and just now the com
plaint about the condition of the teachers
in Germany is almost as strong and almost
as well-founded as the complaint about the
condition of the teachers of this country.

COMPARISON OF SYSTEMS 73
only for diametrically different reasons.
The German teachers are practically State
officials, and everything, from their politics
and religion, is rigorously inspected and
looked after. Nobody can become a
teacher in Germany who has not gone
through a Government training college
and complied with all the State conditions,
and nobody can become a fully qualified
secondary teacher who has not gone
through a very complete university course.
Well, you have got in America, France,
and Germany three systems which we
must carefully study and observe before
we set about the business of reform in
this country. It is not easy to try to
reform in the dark. I will confess to you
that nothing fills me more with despair
than to listen to the debates in the House
of Commons on educational subjects.
You have got a Minister who has got up
all the facts, and who sometimes seems to
think it his business to make the subject
as dry and detached from all human inter-
L

74 UNIVERSITIES AND SCHOOLS
est as possible. You have got a number
of people listening, of whom nine-tenths
know nothing whatever about education,
and of whom eight-tenths care nothing.
The result is that an education debate,
and particularly a Scottish education debate,
shows the spectacle of a nearly empty
House of Commons, while the older
members look in through the door in
order to see how long they may absent
themselves without the chance of a divi
sion. Both the House of Commons and
the elementary teachers in Scotland and
England seem to be wanting in a largeness
of conception about these things and a
concrete interest in them, and I think the
failure is in both cases due to the same
cause. The public have not taken up the
matter seriously enough, and neither you
nor we will be able to do what we ought
to do unless we get some impetus from
the public. If education were a burning
question in the constituencies you would
very soon find that changed.

PARISH SCHOOLMASTERS 75
I should like to see every parish have
,-^its unit of culture as well as its unit of
local government. I would like to see the
minister, the schoolmaster, and the doctor,
each taking his part in exercising a great
deal of influence outside their mere pro
fessional occupations. I do not think you
will get that till you have done a great
deal in the case of all three to bring them
into a much closer relation with the in
tellectual life of the country. That this is
not the case, is not their fault. It is the
fault of the public, and it is the fault of
the system. In the case of education, at
all events, we have got to make some
improvement, because if we do not it
will be worse for us as a nation. Above
all, we want that large luminous point
of view Matthew Arnold was so fond of
calling Geist. We want Geist in our
educational system. Nothing is more
depressing to anybody fond of a foreign
language than hearing it taught in a
school in this country, and to my mind

76 UNIVERSITIES AND SCHOOLS
it is worse taught in the secondary
schools than in the elementary. Take
the teaching of French, for instance. If
you go into a continental school, you will
find everything taught according to a
carefully thought out plan. The children
are not taught grammar and a whole
string of dry things. You will see the
little things seated in front of the teacher,
and in some regions the teacher is not
allowed to teach, for example French,
unless he is of the same nationality as the
children, for, up to a certain stage, the best
teacher is found by experience to be the
man of the same nation. The teacher
speaks to them simply in French and
they try to reply. They don't try to
learn swimming before going into the
water. From the very beginning they
are taught in this way : every word
means an action, and they learn in an
interesting way that savours of reality.
If you go to Holland or to Germany
you will, on the average, find people

THE TEACHERS 77
twice or three times as good linguists as
they are here. I should like to see the
intelligence which one there finds applied
to teaching introduced here also, and
I don't see why this should not be the
case. I am certain the teachers would
respond if the State gave them some
stimulus to do so. Then we must have
co-ordination, and the linking and the
double aim to which I have referred —
education beginning on a broad basis,
and then proceeding to special subjects,
allowing the pupil to go on in what
ever direction he chooses, whether it be
with a view to a profession or to pure
culture. There is another very important sub
ject, the recognition of the status of the
teacher. We have got to make a great
deal more of our teachers if we wish
them to come up to the standard we
desire, and to the standard abroad. In
Germany just now there is an agitation
for a minimum salary for teachers. Wd

78 UNIVERSITIES AND SCHOOLS
have got to that in this country in some
of the professions. The lawyer and the
doctor work only for a minimum fee, and
there is no reason why we should leave
the schoolmaster a commodity to be
bought in the cheapest market, while he
is not always sold in the dearest. Depend
upon it, if you leave School Boards to
take the cheapest teachers, and cut down
salaries to the lowest level, they will do so
so long as they are the sort of bodies
some of them are at present. That
brings me to the key of this whole matter.
I think the time has come for altering our
system of School Board areas altogether.
It does not do to take the little area with
the little Board, with the men of little
minds, and leave them to deal with a
great national concern, for it is a great
national concern. Not only so, but the
nation recognises that, and the State pays
the bulk of the money. Why then should
the men of little stature, the men whom
Plato has described, be left to handle

AREAS 7^
them ? I think you will solve not only
the whole question of the security of
the tenure of the teacher, but also the
question of the rate of salary, and in the
end will settle every other question, if
you secure large enough and intelligent
enough educational authorities. That
means that we have reached a stage at
which we have to reform the work that
was done thirty years ago — very useful
work in its time — by enlarging the areas.
It may be that at first you will require to
have different authorities for elementary
and secondary education. You have
brought up in the big cities a set of
experts, men who have dealt with the
large work of primary education. There
may be in these cases reason for keeping
the control of elementary education, for
a time at least, separate from the work
of those who have to learn their duties
in the business of secondary education.
I don't pronounce any opinion about
that. I only say that in these big

8o UNIVERSITIES AND SCHOOLS
centres you may have to set to work
provisionally if you are to carry your Bill.
But to my mind it is perfectly plain that
in the country districts we have reached
the stage at which we shall have to
reform our School Board areas, and it
may be, and I hope it will be, that we will
get the same area for elementary and
secondary education. That may come to
be so for the big cities also. Let us
recognise that in the country districts the
matter is getting urgent, and will have to
be dealt with very promptly. Then there
is the question of councils in the academic
centres to act along with and influence
the school authorities, and if you had
that, you would have something not un
known in Germany, where as a part of
the national system conferences are held,
at which educational authorities inter
change ideas, thus enlightening the mind
of the people who are concerned.
In this country we have already seen an
example of the success of these methods

WALES 8 1
in the educational advance that has fol
lowed the passing of the Welsh Inter
mediate Education Act of 1 889. This Act
established a separate educational authority
for every county, and was supplemented
by the establishment, not by Act of
Parliament, but as the result of a
voluntary movement, of a central board
which set to work to organise secondary
education in Wales. About the same
time there came into existence the new
Welsh University, and what has been
the result ? Why, Wales in many respects
is far ahead of Scotland. In 1894 you
had there 8 secondary schools with 495
pupils, and after four years, in 1898, you
had 88 secondary schools organised by
the new authority, with nearly 7,000
pupils, and that out of a population of
only a million and a half. Out of the
191 permanent teachers in these secondary
schools 134 are university graduates. I
am quoting the figures of 1898, those to
which I have had access. The meaning
M

82 UNIVERSITIES AND SCHOOLS
of that is, that the Welsh University
Colleges have been putting their shoulders
to the wheel, and have been the pioneers
in the creation of a new secondary educa
tional system in the country, thereby
exerting a most enlightened effect upon
the educational system. That is an object-
lesson to us.
In Scotland we are moving, though we
are only at the beginning, but in Scotland
fortunately we are free, to a great extent
at any rate, from a great difficulty which
is still staring England in the face. That
is the question of denominationalism. I
say frankly that I am sick of hearing the
views of the Church people on the one
hand, and of the Dissenters on the other.
I do not think that the question of educa
tion is primarily a religious question. I
object to that altogether. I think we are
not far off the time when we shall say,
"Away with these controversies," when
we shall rise above them, when we shall
not inquire particularly what religious

TRAINING OF TEACHERS 83
education is given, so long as we can
secure an absolutely efficient and first-rate
system of education, though I am afraid
there will be a good many tears and some
broken heads before that is accomplished.
But we are arriving at the conviction that
efficiency in education is the real con
sideration. There is another thing I want to
mention, and that is the question of the
training of the teachers. The training
in the normal schools, which has been a
most useful system in its time, is now out
of date. The Universities, or establish
ments in close connection with the Uni
versities, ought to be the true training
places of the teachers. If the academic
mind is to permeate your educational
system you must see to that. I cannot help
thinking that at least part of the separation
of elementary teaching from the University
is due to the interposition of these training
colleges. I want to see this changed root
and branch. It involves the reform of

84 UNIVERSITIES AND SCHOOLS
our university system. Mr. Carnegie's
munificence, great as it is, is only one
step after all, and a small step, in the
right direction. But it has set people
thinking, and it is teaching people to
realise that the Universities ought to be
the very intellectual centres of the nation,
the centres from which emanate light
and leading in almost every walk of
life, and most of all in our educational
system. Well, you have got to reform, and this
I say to you in conclusion. The obligation
upon the Universities to put their houses
in order is a necessity which we feel very
practical and very pressing. The volume
of our trade is still large. C It has not
begun to shrink, but it is not growing
with the rapidity of the commerce of
other nations. America is rapidly tending
to surpass us. Germany is drawing close
upon us. Even Switzerland and Holland
are becoming formidable competitors. You
will have to remedy that state of things,

THE FUTURE 85
because, if we lose our commerce, we
lose our navy, our empire, and all those
things which are depending upon the
prosperity of these islands. Somebody
once said — I think it was the late
Lord Carnarvon — that, apart from her
Colonies, Great Britain would be only
an over-populated and discontented island
in the middle of the Northern Sea,}
Let us recognise that we are threatened
with a greater revolution than we have
ever known before. That revolution is
due to the fact that our competitors are
possessed of greater knowledge, greater
educational Geist, than is possessed
by our people here. We must make
; provision for the training of our captains
of industry, and that can only be done
when we put our educational house in
order from top to bottom. At the begin
ning of last century this country was
face to face with a great crisis. Great
Britain was threatened by foreign nations.
There came a great man who faced the

86 UNIVERSITIES AND SCHOOLS
emergency. Mr. Pitt put a spirit into
the reorganisation of the position of his
native land which carried it through to
victory. In the beginning of the twentieth
century we have another serious crisis in
front of us — a crisis of another kind,
where the competition is peaceful and
not warlike, but a crisis just as serious.
Who will deal with this crisis ? It will
be the man who approaches it in the
spirit in which Germany approached her
own restoration when, nearly a century
ago, she lay humbled under the heel of
Napoleon, Who saved Germany? It
was the great men — men like Fichte and
Von Humboldt, who called upon the
German people to educate themselves.
That has made Germany the great power
which she is to-day. What we need is
the recognition that in this problem of
education lies our future ; that on it
depends our position as the leading com
mercial nation of the world, aye, and as
the empire. The statesman who will

THE FUTURE 87
realise that the problem exists, and who
will set himself to it in the spirit' in which
Pitt set himself to the problem of a
century ago, will have deserved well of
posterity.

Ill

FEDERAL CONSTITUTIONS WITHIN
THE EMPIRE
IHAVE written this paper with a
somewhat selfish object. My purpose
was to try to get plainly before my own
eyes, quite as much as before the eyes of
those who are so good as to come here to
day, certain phenomena pertaining to those
derivative constitutions of our empire
which have been created by the Crown
and by Parliament. The phenomena to
which I refer arise out of and vary with
certain relationships to the parent Govern
ment. These particular relationships are
nowhere expressed in writing ; but they
none the less form part of the body of
custom of the Imperial Constitution, and,
88

UNWRITTEN CONSTITUTIONS 89
like the rest of that body of custom, they
are constantly, though slowly and silently,
undergoing a process of modification and
development. Just for this reason they
are elusive and difficult to express. In
this respect they resemble other principles
of our unwritten and progressive Constitu
tion, the statement of which, adequate and
accurate for the generation in which it was
made, has become untrue for the next.
Such statements do not the less represent
reality, because the reality is constantly
changing. Let us, then, endeavour to get some
light on the nature of the unwritten rela
tions of the Imperial Government to the
derivative constitutions which have grown
out of the parent stem, as these consti
tutions stand in the year 1900. The
practical interest of the search is that
with the consolidation of derivative con
stitutions upon so-called federal principles,
which is beginning to be so much talked
about, a new set of problems is emerging
N

90 FEDERAL CONSTITUTIONS
for solution. This process of consolida
tion began with Canada in 1867. To-day
we are the witnesses of another instance
of it of the most striking importance.
Let us start on our path of inquiry from
a very obvious illustration. The form of
the enacting clause of an Act of Parlia
ment is framed thus : "Be it enacted by
the Queen's Most Excellent Majesty, by
and with the advice and consent of the
Lords Spiritual and Temporal, and Com
mons, in this present Parliament assembled ;
and by the authority of the same." Sup
pose an intelligent stranger, knowing
nothing of the realities of our system of
government, were to sit down to its study
and begin with this clause, what would he
conclude ? He would picture to himself
the Queen sitting at Windsor or Osborne
or Balmoral, evolving in the Royal mind
what is called abroad a project of legisla
tion. He would picture Her Majesty as
then summoning, to begin with, the Lords
Spiritual, the Bishops, and requesting first

CHANGING FORMS 91
their advice and then their consent. He
would next imagine a procession of the
Peers Temporal to the Royal presence,
and a similar Council being held. And
finally he would figure to himself, as a
formality at the finish, the Commons being
asked whether they had anything different
to say. Now our stranger student would
have drawn his inferences correctly enough.
In them there would be only one short
coming : his picture would be one of the
English Government as administered, not
by Queen Victoria, but by Henry VIII.
and the other Tudors. The form has
survived while the substance has changed.
There is a passage which admirably
describes what that substance is to-day in
a letter written by no less a personage
than the Queen herself to the Emperor
Napoleon III., in which she explains her
constitutional position. I quote from the
third volume of Sir Theodore Martin's
Life of the Prince Consort. Her Majesty
writes : "I am bound by certain rules and

92 FEDERAL CONSTITUTIONS
usages. I have no uncontrolled power of
decision. I must adopt the advice of a
council of ministers, and these ministers
have to meet and agree on a course of
action, after having arrived at a joint con
viction of its justice and utility. They
have, at the same time, to take care that
the steps which they wish to take are not
only in accordance with the best interests
of the country, but also such that they can
be explained to and defended in Parlia
ment, and that their fitness may be
brought home to the conviction of the
nation." As the outcome of a slow pro
cess, the Sovereign has ceased to govern,
and now only reigns. In England this
was brought about chiefly by the control
of the Parliament over Supplies. This is
not necessarily so, nor has it always and
everywhere been the case.
In other parts of the Queen's dominions
it is through different means that a similar
result has come about. The Channel
Islands are the remaining portion of the

THE CHANNEL ISLANDS 93
territories of that Duchy of Normandy
which King John lost. The kings and
queens of our country have held them as
Dukes and Duchesses of Normandy. The
people of the Channel Islands have suc
ceeded in establishing the right of consti
tutional government in their islands. It
is true that the question whether the
Crown can properly claim to legislate
there by Order in Council without the
advice and consent of the States or local
Parliaments was nominally left open in the
great case which was heard before a
Special Committee of the Privy Council
in 1894, and in which a pile of constitu
tional documents was brought together, of
which it is surprising that no historian
should as yet have given any account
beyond the rather meagre one in a late
volume of State trials. But practically
the Privy Council, in recalling the ob
noxious Order in Council upon minor
grounds, intimated to the home advisers
of the Sovereign that never again ought

94 FEDERAL CONSTITUTIONS
the larger and more interesting claim to
be brought forward. It may therefore be
safely assumed that, for example, in Jersey,
not less than in €^reat Britain, the Queen
reigns without governing. I was of
counsel in that case, and had to study a
series of documents commencing at a date
a century before the Conquest, and I re
member being struck with the difference
between the ways in which this result had
been attained in England and in the
Channel Islands. Here the concession has
by degrees been wrung from the Crown as
the price of financial assistance. There it
was by degrees obtained as the reward for
assistance in the various wars with France.
The charters and other documents, which
disclose the story of the process, were
laboriously collected and arranged in
several bulky volumes, which are none
the less worthy of the attention of an
enterprising historian because they repose
in a lumber-room at the Privy Council
Office, covered with dust and neglect

HOUSE OF LORDS 95
Another more familiar, but not less in
structive, instance of the binding force of
an unwritten restriction which has slowly
come into existence is the constitutional
impotence of the House of Lords, or any
other upper chamber subject to the usages
of the British Constitution, to amend a
Money Bill. The House of Lords has
full legal power to make such an amend
ment, and every court would be bound to
take cognisance of and give effect to it.
But as the result of the development of
our Constitution amid a succession of
struggles over the Commons' claim to
the exclusive title to grant Supply, the
Lords have become bound hand and foot
by chains which are not the less real
because they are invisible to the legal eye.
It is just this type of unwritten restric
tion on powers which theoretically are
perfect from a legal point of view, about
which I want to say something this after
noon in connection with the various forms
of Colonial Constitution — something very

96 FEDERAL CONSTITUTIONS
imperfect, for the subject is new, but
something of which the reality is becom
ing in each generation more clearly recog
nised by the statesmen who have to
administer the Colonial Office under suc
cessive governments. To the modern
student of constitutional development in
Colonial Government it is, for instance,
astonishing to read such despatches as
were, properly enough, written forty years
ago by the first Governor of Queensland,
Sir George Bowen, a man of real ability,
and to reflect that they were written with
the full assent not only of the Duke of
Newcastle, the Colonial Secretary of the
day, but apparently of the people of
Queensland. Sir George claimed, among
a multitude of other rights which now
seem to us very odd, a constitutional right
to revise the decisions of his ministers
about such matters as appointments to
public offices. A claim like this may have
been, and possibly was, constitutionally
correct in those days. But since i860

COLONIAL GOVERNORS 97
a great evolution has taken place in the
position of a Colonial Governor. It is
still true that he is freer to act on his
own initiative than is the Sovereign at
home, who has delegated to him his
powers. If he has none of the divinity
that doth hedge a king ; if, as was
established by the Privy Council in such
cases as Hill v. Bigge (3 Moore P.C.
465), Cameron v, Kyte (3 Knapp 332),
and Musgrave v. Pulido (5 Ap. Cas. 102),
he is, unlike the Sovereign, liable to be
sued in the courts of the colony for acts
that are illegal and done in excess of his
authority, still he is something more than
a mere part of the Colonial Constitution ;
he also represents the Imperial Govern
ment, and he is therefore free, in cases
which seem to him to touch the Imperial
interests, to act on advice other than that
of his ministers. He may, for example,
veto a Bill where, in an analogous case
at home, the Sovereign would not be free
to veto. He may, under the Colonial
o

98 FEDERAL CONSTITUTIONS
Office Regulations of 1892, obtain the
advice of the Imperial law officers through
the Secretary of State. But these excep
tions arise out of a distinct reason — the
inherent and necessary title of the Imperial
Government to the decision of such ques
tions as really concern the empire gener
ally, and for this purpose to have its
interests watched over by its own repre
sentative Governor, who has thus a double
duty to perform. So far as his position is
merely that of Governor under a Consti
tution permeated by the usages of that
British model after which it is fashioned,
so far must he in every practicable case
act upon the advice of his ministers. This
at least has become true to-day, whatever
may have been the case in those days of
Sir George Bowen, in which the Colony
of Queensland had only just received its
separate Constitution.
I have dwelt on this topic as an illus
tration of the extent to which the Con
stitutions of our Colonies have of late

COLONIAL CONSTITUTIONS 99
years developed, after the very fashion of
the general Constitution at home. Like
the latter, they are really in the main
unwritten. The Acts which constitute
them are but the skeletons which the
practice of governors, ministers, parlia
ments, and judges have to endow with
flesh and blood before the dry bones can
live. The process of endowment may be
gradual. The stature of the living model
is not attained at once. A set of consti
tutional and legal precedents has to be
established in each case, and this takes
time. Changes of view may and do
occur ; and this is because, be the
Acts of the Imperial Parliament call
ing our Colonial Constitutions into life
never so elaborate and precise, the true
substance is unwritten. No stranger could
make out the real position of, say, the
Governor-General of Canada from the
words of the British North America Act
of 1867, any more than he could, in the
illustration already given of the enacting

loo FEDERAL CONSTITUTIONS
words of an Imperial Statute, ascertain
the real position to-day of the Queen. It
is not merely that the common form of
the modern Colonial Constitution Acts
confers on the colonial legislatures large
powers to alter the constitution conferred
on them — powers which, for example,
were in a striking fashion exercised by
Manitoba in 1876, when her Parliament
abolished the Upper House of the Legis
lature, and her Governor decided that he
was not even entitled to reserve the Bill,
so clear was the constitutional right arising
out of the principle of responsible govern
ment ; it is because the British Constitu
tion is in its essence neither rigid nor even
written, and because every constitution
which is modelled after it tends to re
semble it in every point where the express
provisions of an Imperial Statute do not
stand in the way.
We may thus expect to find in the
various forms of constitution which obtain
throughout the dominions of the Crown

THE HOME GOVERNMENT loi
this process of silent approximation to
the parent example manifesting itself. We
shall expect to find this not less in the
relationship to the home Government than
elsewhere. The home Government is and
must remain charged with the burden of
Imperial interests, and must act on its
own initiative through the Governor who
represents it in the colony. Subject to
this condition the relationship in all other
respects of the Colonial Parliament, not
only to its Governor, but through him
to the Imperial Government and Parlia
ment, will tend, whatever it is in the
eyes of the theorist and the lawyer, to
become in the eye of the statesman
similar to that of the Imperial Parliament
to the Crown. This is the direct and
inevitable work of our familiar machinery
of responsible government wherever put
in operation ; and its attainment can,
under British traditions, never be more
than a question of time. So complete
does the, growth become that there may

102 FEDERAL CONSTITUTIONS
even, in certain cases, as I will presently
show, arrive a time at which courts of
law can and do take cognisance of the
developed relationship. Let us, in order
to get the conception of this growth clear,
begin by glancing at certain of the forms
of government of the dominions of the
Sovereign outside Great Britain and
Ireland. The earliest of these forms in point of
origin is that which one finds with vary
ing characteristics in those constitutions
of a feudal origin which obtain in the
islands adjacent to Great Britain, Jersey
and Guernsey (the latter, for this purpose,
including Alderney and Sark), and the
Isle of Man. The relationship of the
Crown to the islanders, so far as the
active business of government is con
cerned, has varied enormously. If it is
using loose language to say that the
monarchy has changed in these islands
from an absolute to a limited one, it is at
least approximately true. In Jersey, for

JERSEY 103
example, a progress of charters, to which
I have already referred, granting privileges
to the people in consideration of the assist
ance rendered by them in successive wars
with France, has helped materially towards
the establishment of constitutional govern
ment At last, in 1771, a code for this
island was assented to by the Crown,
which is not the foundation, but one
of the expressions, of its constitutional
liberties. Under the provisions of this
code it was laid down that no laws or
ordinances should be passed unless by the
States or Parliament of the island. It
was further provided that all warrants and
documents manifesting the executive will
of the Crown should be registered by the
Royal Court of the island. It is not
probable, in view of the decision of the
Privy Council in 1894, already adverted
to, that the home Government will nowa
days refuse to recognise the right of the
States to consider and give or refuse its
assent to every projected law, whether it

I04 FEDERAL CONSTITUTIONS
originates with the Crown or, as in future
it is likely always to do, with the States.
If Jersey — and the same thing is true of
the other islands referred to — had been
larger and more important and at a greater
distance from London, there is, little doubt
that under this form of constitution she
could have obtained for herself a freedom
as complete as she could have gained
under those parliamentary forms where,
theoretically and in the eyes of a court
of law, the Imperial Parliament can do
everything, while constitutionally in local
matters it can do nothing. What is
interesting is that in the case of an
appanage of the Crown, such as Jersey,
tribunals of justice can do what they
cannot do where there is a so - called
statutory constitution — take notice of the
very important unwritten limitations on
the theoretical powers of the home
Government, which remain binding so
long as an Act of the Imperial Parliament
is not invoked. Thus the validity of

THE PRIVY COUNCIL 105
Orders in Council, which, so far as the
Imperial Parliament was concerned, the
Crown was free to make for the Channel
Islands, has been impeached, and success
fully impeached, before the Privy Council,
on grounds which no court of law could
have taken cognisance of had such a case
arisen in regard to Canada or Australia.
Of such cases some are reported in the
Law Reports, while of others, not so
reported, I have had personal cognisance
in Channel Islands cases in which the
Privy Council has treated constitutionality
and legality as though, in dealing with
the Constitution of these islands, they
were equally within its capacity to notice.
A still more striking illustration of the
capacity of a court of law to take notice
of what, in its inception at least, seems
to have been properly a constitutional
restriction on the powers of the Crown
arises in the case of the next form of
Colonial Government, that of a Crown
Colony, where the privilege of holding a

106 FEDERAL CONSTITUTIONS
legislative assembly has once been granted
by the Crown in its charter. In such
a case Lord Mansfield, in a judgment
the authority of which has never been
questioned, held, in a common law action
tried at the Guildhall in 1774,^ that a
court of law would treat the grant of the
privilege of making laws in a repre
sentative assembly as irrevocable and
exclusive, and would declare void a sub
sequent Order in Council purporting to
levy a tax. Of course Parliament could
have validly legislated, but the point was
that the ordinary and natural paramount
authority was held to have committed
legal as well as constitutional suicide, and
put itself in the position of being unable
to recall its own Act The constitutional
reason for this it is easy to see ; the legal
reason is much more obscure. But there
it stands established by great authority
that such legal reason exists.
1 Campbell v. Hall (i Cowper, 204; 20 State Trials,
239).

STATUTORY CONSTITUTIONS 107
I turn now to the ordinary type of
statutory constitution established in the
most important portions of the empire by
Act of the Imperial Parliament, where
the right of self-government granted is
of responsible as well as representative
government Here the courts confine
what they take cognisance of to the pro
visions of the Statute. The Imperial
Parliament they of course treat as
supreme, and where the language of the
Statute leaves the Crown nominally free
to act on its own initiative, the courts
decline to take notice of these constitu
tional restrictions on the exercise of that
power which we all know to exist But
these constitutional restrictions have other
than legal sanctions, and they have be
come much more definitely recognised, as
the theory of Colonial Government has
developed during the last quarter of a
century. A striking case of the manifesta
tion of a desire that they should exist in
full force is to be found in the preamble

io8 FEDERAL CONSTITUTIONS
to that British North America Act of
1867 which gave Canada her present
Federal Constitution, and which I take
to mean that the statutory framework was
intended to be filled up from the store
house of unwritten tradition. "Whereas,"
so runs the preamble to the Statute, " the
Provinces of Canada, Nova Scotia, and
New Brunswick have expressed their
desire to be federally united into one
dominion under the Crown of the United
Kingdom of Great Britain and Ireland,
with a Constitution similar in principle to
that of the United Kingdom." The Act
goes on to declare that the executive power
of the Government of the Dominion is
vested in the Queen, to establish a Privy
Council for Canada, which is to advise the
Governor-General, to constitute a Parlia
ment for Canada, to set constitutions for
the provinces, and to distribute legislative
powers under the famous 91st and 92 nd
sections between the Dominion and Pro
vincial Parliaments, conferring, however.

CANADA 109
on the Dominion Parliament the general
common form power of making laws for
the peace, order, and good government
of Canada, and reserving to it all powers
not expressly given to the Provincial
Parliaments. Now from the very first
the words which I have quoted from the
preamble made it clear that in the Con
stitution of Canada the Crown, except as
regards Imperial matters, which were not
delegated, and to which that Constitution
consequently did not extend, was intended
to be in just the same position towards the
Canadian Parliament in point of constitu
tional usage as is the Crown to Parliament
at home. Not only responsible govern
ment, but responsible government free
from interference from Downing Street,
was intended to be granted so far as
purely Canadian affairs were concerned.
That this was no small matter will be
realised quickly by anyone who consults
the learned work of the late Mr. Todd,
the Librarian of the Canadian Parliament,

no FEDERAL CONSTITUTIONS
who has written a treatise on Parliamentary
Government in the Colonies of an author
ity which places it alongside of that of
Sir Erskine May's great home book.
One has only to contrast the principles
laid down in the despatches from Lord
Carnarvon and his successors to the
Canadian Governors-General with those
written from Downing Street by the
Duke of Newcastle only seven years pre
viously, to see how remarkable was the
advance recognised. What the British
North America Act expressed in its pre
amble was therefore novel in 1867. But
there was in the Act a peculiarity of
another kind at which it is interesting to
glance even to-day.
Not only is the power of giving or
withholding the Royal Assent to Bills
passed by the Provincial Legislatures
and Lieutenant-Governors conferred on
the Governor-General, but by ss. 58
and 59 the appointment and dismissal
of the Lieutenant-Governors themselves

DOMINION AND PROVINCES in
were placed with the Governor-General,
as distinguished from Her Majesty in
person. Now this is a remarkable pro
vision, for a reason which I will point out
Soon after the Act passed, the Supreme
Court of Canada — which was established
with a view to obtaining an interpretation
of the Constitution upon the spot, and
which has done much valuable work of
this kind — began to show a tendency in
its judgments which caused suspicion and
friction in the Provinces. This Court laid
stress on those provisions in the Act
which seemed to point to the principle
of union of the Provinces, and they laid
down principles which if accepted would
have placed the Provinces in the position
of subordinate governments. A series of
questions emerged sharply, of such deli
cacy that it was essential that they should
be decided by an arbiter holding an abso
lutely even hand between the contending
parties, and simply interpreting the words
of the Dominion Act in the light of that

112 FEDERAL CONSTITUTIONS
British Constitution which its object was
to reproduce. Such an arbiter was found
in the Imperial Privy Council. A series
of cases was presented to it, some by way
of appeal from the Supreme Court of
Canada, and some by way of special
reference under special Acts passed con
currently by the Dominion and Provincial
Parliaments. In the end the Privy Council
settled that the true view of the Act was
that it established a federal distribution
of not only legislative but executive
powers, and that in the matters delegated
to them the Provincial Governments had
an authority as high as that of the Central
Government The relationship was, in
other words, held to be one of strict co
ordination, and that in executive as well
as legislative matters. On this principle
one burning conflict after another was
stilled. The control of the liquor laws,
the limits of direct taxation, the Govern
ment titles to gold and silver, the right to
appoint Queen's Counsel, the control of

THE LIEUT.-GOVERNOR 113
the fisheries in the great lakes and rivers,
the exact provincial boundaries, the ad
justment of debt — these and many other
issues were peacefully resolved as between
the Dominion and the Provinces. But
while to the legal principle of construction
which the Privy Council established there
is no real exception, a remarkable excep
tion to the constitutional principle has, by
the combined operation of the language
of the Act and of the usages which it
imported, been created in regard to that
office of Lieutenant-Governor to which I
have adverted. In the eye of the courts
the Lieutenant-Governor of a Canadian
province, when appointed, holds directly
from the Crown and exercises, where
necessary, on provincial advice, all pre
rogative powers within the scope of the
Provincial Constitution. The distribution
of executive power is federal. But under
ss. 58 and 59 of the British North America
Act the power to appoint and dismiss
every Lieutenant-Governor rests with the
Q

114 FEDERAL CONSTITUTIONS
Governor - General. Accordingly, when
the majority of the Dominion Parliament
and the Dominion Ministry desired to
dismiss Mr. Letellier, the Lieutenant-
Governor of Quebec, although supported
by a majority in the Provincial Parliament,
the Home Government advised Lord
Dufferin, the Governor-General, that he
must act on the request of his Dominion
Ministers if pressed.
The Constitution of Canada sprang at
once into full life and vigour because the
Imperial Parliament was in 1867 simply
giving effect to exhaustive resolutions
passed by the federating provinces. The
South Africa Act of ten years later, which
proceeded on no such definite impulse
from within, was stillborn. There is,
indeed, another reason why it is not likely
ever, as originally framed, to come to life.
It was in the main a mere copy of the
Canadian Act. Now the Canadian Act
has been, between the Supreme Court of
Canada and the Judicial Committee of the

SOUTH AFRICA 115
Privy Council, interpreted with a view
to the circumstances of Canada. The
independence of the Dominion Govern
ment which has been attributed by the
decisions of these tribunals to the Provincial
Governments is an illustration of this. If
the similar language of the South Africa
Act had to be applied, it would, however,
inevitably be found that the courts were
hampered in their interpretation of it by
the tradition which had grown up under
Canadian decisions, and the Constitution
it established would probably prove to be
unfit for South Africa as it is to-day.
From this danger the latest and most
interesting example of a constitution
framed after the British model for a
distant but great portion of the Queen's
dominions has been happily, in large
measure, delivered. The Australasian
Commonwealth Bill is the outcome of
no scheme elaborated in Downing Street,
but of the deliberations of Australasian
statesmen conferring on the spot Like

ii6 FEDERAL CONSTITUTIONS
the scheme worked out by a similar
process for Canada, a scheme from
which it is not unnatural that it should
differ in very important respects, it pro
poses to do much more than Establish a
statutory Colonial Constitution of the old-
fashioned type. Of the constitution con
templated by the Commonwealth Bill it is
not too much to say what was said by a
distinguished Canadian lawyer, Mr. Justice
Gwynne, in delivering judgment in the
Supreme Court in the case of The
Maritime Bank v. The Queen (4 Cart
wright 421): "We make a very great
mistake if we treat the Dominion of
Canada, constituted as it is, as a mere
colony. The aspirations of the founders
of the scheme of confederation will, I fear,
prove to be a mere delusion if the Con
stitution given to the Dominion has not
elevated it to a condition much more
exalted than, and different from, the
condition of a colony, which is a term
that, in my opinion, never should be

INDIA 117
used as designative of the Dominion of
Canada." If by "colony" the learned
judge meant a part of the empire where
there is a mere delegation for local pur
poses of Imperial authority, constitutionally
alterable without consultation of the in
habitants, a mere stage in advance of the
old-fashioned plantation, his words are
clearly true. One aspect, at least, of the
view for which he was contending finds
confirmation in the words used by Lord
Sel borne about a case which falls far short
of the level of constitutional government
reached in Canada — the case of the
Legislature of India. In his judgment
in the Privy Council in The Queen v.
Burah (3 Ap. Cas. 904) Lord Selborne
said: "The Indian Legislature has powers
expressly limited by the Act of the Im
perial Parliament which created it, and it
can, of course, do nothing beyond the
limits which circumscribe these powers.
But when acting within those limits, it is
not in any sense an agent or delegate

ii8 FEDERAL CONSTITUTIONS
of the Imperial Parliament, but has,
and was intended to have, plenary
powers of legislation as large and of
the same nature as those of Parliament
itself." Time will not permit me to linger over
the topic, fascinating to a constitutional
lawyer, of the novel and original scheme
of the Australasian Commonwealth. I
can only draw attention to one or two of
its features. In the first place s. 51 limits
the power of the Federal Parliament to
make laws to certain very important, but
none the less restricted and defined,
matters, giving this Parliament no general
legislative powers. In this point the Bill
approximates more nearly to the precedent
of the United States Constitution than
to that of Canada, which gives general
powers to the Dominion Parliament and
only specified powers to the Provincial
Legislatures. Indeed, the scheme of the
Australasian proposals, as disclosed by
the very words of s. 106, is to leave the

AUSTRALIAN COMMONWEALTH 119
State Constitutions as they are at present,
only subtracting from them such powers
as are necessary for the erection of the
Federal Constitution. This section is
followed up by the 109th, which provides
that, in case of a conflict of laws, those of
the new Commonwealth are to prevail.
There is no such express provision in the
Canadian Act ; but the Privy Council has
decided, in Union Bank v. Tennant (1894
Ap. Cas. 31) and other cases, that it is
implied. There is no provision, such as
gave rise in Canada to the constitutional
dispute over the Letellier case, enabling
the Governor-General of the Common
wealth to appoint the State Governors.
Such a provision would, indeed, have been
hardly consistent with the scheme of the
new Constitution, which is to leave State
rights intact except where expressly in
terfered with. S. 70 provides for a federal
distribution of executive power. SS. 53
to 56 inclusive enact and make written
provisions, most of which exist similarly

I20 FEDERAL CONSTITUTIONS
in the parent British Constitution, but are
there unwritten. S. 57 contains an in
genious and novel provision for reconciling
the two Houses of Parliament in case of
serious differences by making them, but
not until after a dissolution, vote together.
The final section of the Bill provides for
the alteration of the Constitution and for
the preservation, in a decision on such
alteration, of State rights by means of a
submission of the new law to the electors
in each State. The analogy to the United
States Constitution stops very soon. The
American Constitution knows but little of
what we Britons mean by " responsible
government" It makes the Executive in
a large measure independent of the Legis
lature. But the Australasian Common
wealth Constitution breathes in every
clause the spirit of true responsible
government. The Executive really flows
from, and is controlled by, the Legislature
in this as in any constitution of the British
type. Truly it looks as though a man-

IMPERIAL PARLIAMENT 121
child were about to be born of the
Imperial Parliament.
I have indicated the fashion in which
the functions of the Crown and of the
Colonial Governors have by degrees be
come circumscribed by the silken bonds
of constitutional usage. I have sketched
what, in other words, may be described
as the operation of responsible govern
ment in cutting down the prerogative,
and in making local the advice upon
which it is to be exercised. But there
is another tendency which is equally
apparent. /The Imperial Parliament does
not coerce her children. The bonds of
empire are the bonds, not of any law,
written or unwritten, but of a common
heritage of history, of interest, and of
blood. The result is that the problem as
to when the Imperial Parliament is justi
fied in interfering is getting to be a more
and more difficult one.J) Fortunately it
rarely arises ; and I am convinced that
it will arise yet more rarely as soon as

122 FEDERAL CONSTITUTIONS
the people of those distant dominions of
the Crown, where our Constitution has
been reproduced, realise that there is no
desire to interfere with their absolute
right of autonomy in their own concerns,
but only an aspiration to keep the empire
together, and to pervade its institutions
with a spirit that is imperial in the
noblest sense. For the existence of the
Constitution of the empire I am persuaded
that it is desirable, and indeed essential,
that the home Parliament should remain
in theory and in law supreme. Constitu
tionally we are all getting to understand
how this relationship of the mother to
her children is tempered. No doubt it
would be possible for the Imperial Parlia
ment to renounce this supremacy, to
delegate some authority to Colonial
Legislatures, and the rest to a purely
British Legislature. She might put
herself, so to speak, to sleep, and the
Parliaments which had taken her place
would be co-ordinate only, like the legis-

IMPERIAL FEDERATION 123
latures which exist side by side in
Canada, and are to do so in the Common
wealth of Australasia, with no supreme
authority among them. Anyone who
desires to see how as a matter of law
this could be done has only to turn up
the chapter in England's Case against
Home Rule — the ingenious book written
by Mr. Dicey on Mr. Gladstone's Irish
proposals of 1886. Mr. Gladstone's Bill
was not intended to do anything of the
kind, whatever its language may have
suggested to Mr. Dicey. But he has
shown how the thing can be done. Now
I have always disliked the words "Im
perial Federation " just for this reason.
It is all very well to use the word
" federation " when you are speaking of
the consolidation into a dominion or
commonwealth of a group of derivative
constitutions, such as those of which I
have been speaking in British North
America and Australasia ; but is it
appropriate to use it of any conceivable

124 FEDERAL CONSTITUTIONS
relationship between the Imperial Govern
ment as the keystone of our empire, as it
is now, and what are called the Colonies ?
You could create a federation of the
Imperial and Colonial Governments, no
doubt ; but in creating it you would, if
you followed the principle which the word
implies, break up the Constitution of the
empire and substitute — at least so I think
— what would in the main be a rigid and
inelastic constitution for the unwritten and
developing one which has so far worked
well. The ideal of Imperial Federation
is a fine ideal ; but I think it will have
to be attained by other means than
federation in the legal sense. While
the Imperial Parliament remains legally
supreme, and consequently a most useful
tool for effecting ends in which all con
cerned have concurred, we are rapidly
recognising that it is constitutionally
bound so far as the Colonies are con
cerned, just as the Crown has recognised
that it is itself analogously constitutionally

CONTINUITY 125
bound. The real meaning of the new
doctrine of continuity in external policy
seems to me to be the recognition that
in foreign and colonial affairs Parliament
is a trustee of its powers not only for the
electors of Great Britain and Ireland, but
for the empire at large. More and more
do successive Parliaments seem to tend
to be guided by the ministers of the day
in their proceedings with regard to these
foreign and colonial affairs. The con
stituencies at home are beginning to
recognise this. I am certain that those
whom I myself represent would rebuke
me for disloyalty to the principles of
representative and democratic govern
ment if I asked them at an election to
let a party issue be raised about the
policy of our Parliament with regard to,
say, the internal government of Australasia.
This, they would point out to me, is by
your own principles for Australasia herself,
and your business as representing us is
merely to see that the Colonial Office,

126 FEDERAL CONSTITUTIONS
in applying to the Imperial Parliament
for powers, is acting in accordance with
Australasian wishes.
In the nature of things all this must
become yet more apparent. It will in
evitably be accompanied by closer and
more frequent consultations between the
Ministers of the Crown in London and
the Ministers in the other and more
distant parts of her dominions. Some
form of council may grow up, some form
even of representation in our common
Parliament But it is not the machinery
that matters : indeed, the less we have
of it, in all probability the better. What
is wanted is such a sense of responsibility
and constitutional usage, checking the
hasty exercise of legal power on the part
of the Houses of the Imperial Legislature,
as shall make its relationship to the distant
subjects of the Crown become as easy as
is that of the Crown itself This appears
to be the true notion of a closer Imperial
connection, a connection the form of which

THE FUTURE 127
it is useless to try to define in advance or
express in terms of abstract principles.
Events in the past have so ordained it
that the centre of the empire is London,
and not Sydney, nor Ottawa, nor Cape
town. If the past had been different, this
too might have been different If the
empire continues to cohere, it may still
be otherwise. Who can say that at some
future period the metropolis of the British
people will not be found at some spot
to-day reckoned remote, but destined to
become the centre? What is important
is that, come what changes may, the unity
of our race and of that link which is its
precious possession should never be im
paired or lost sight of
And this leads me, in conclusion, to
say a few words about a topic which, I
cannot but think, appears more thorny
than it really is.
The inevitable outcome of the growing
importance and magnitude of the more
distant parts of the Queen's self-governing

128 FEDERAL CONSTITUTIONS
dominions is that they will more and more
rely on their own tribunals for the adminis
tration of justice. This is as it ought to be.
It is a tendency implied in the very notion
of self-government, in that very power of
making laws for peace, order, and good
government which is the common form
of the instruments under which our fellow-
subjects beyond the seas rule themselves
under the Queen's flag. But there is a
class of question, a class small in number,
but large in importance, which reaches
beyond the analogy of ordinary litigation.
Some of the questions which belong to
this class concern the ascertainment of the
true principles which underlie the type of
British Constitution, unwritten as much
as written, under which all of us who
are subjects of the Sovereign live.
Some other questions concern topics such
as the great principles of that system
of Common Law, itself elastic and de
veloping, which is our common heritage.
In an empire such as ours surely there

IMPERIAL APPEAL COURT 129
is room for a great and final arbiter, a
tribunal chosen not from one locality nor
from one people, but selected from the
best brains of the various peoples and
various localities which compose that
empire, a tribunal to which appeal might
be made in last resort for the sake of
uniformity in great and governing prin
ciples. The institution of such a tribunal
seems to grow, almost as of necessity, out
of our common Constitution. It should be
invoked, not frequently nor as of course,
but only on grave occasions of general
interest It would not interfere with the
finality in ordinary cases of the judgments
delivered by the various High Courts of
Appeal in or out of England ; but it
would remain as a unifying influence,
a bond corresponding in judicial matters
of Imperial importance to the unifying
influence where Imperial interests are
touched, of the executive powers of the
Crown. It is not difficult to conceive a
Court of Imperial Justice, such that the
s

I30 FEDERAL CONSTITUTIONS
empire as a whole would be proud of it,
as the greatest of ancient or modern times,
and would feel its rule a benefit and no
burden. But this is a speculation lying beyond
the scope of a paper which has already
become too long ; and I have only touched
on it because it seemed to me that no dis
cussion such as that which has engaged
us this afternoon would have been com
plete without a reference to it

IV

THE APPELLATE COURTS OF THE
EMPIRE
" '' I ^HE man," once wrote a great
X thinker, " who acts on one maxim
only is a pedant, and spoils things for
himself and others." There are many
applications of this excellent proposition.
I am going to take it as my text on
this occasion. No single maxim, per
haps not any maxim, has prevailed in
the minds of the founders of the two
great tribunals of our empire of which
I have to speak. No Bentham, no
Austin, no man of merely abstract mind
would ever have devised or been able to
create them. They are only to be under
stood by the observer who bears in mind
131

132 THE APPELLATE COURTS
the undefinable character of the unwritten
and developing Constitution our people
live under at home and in their colonies.
Constitutions which have been moulded
by other hands than those of philosophers,
and by other forces than movements of
troops and declarations of legislative
bodies. Most of our judicial institutions,
and particularly these two great tribunals,
illustrate the truth which has of late be
come so apparent to our historians, that
the bulk of the forces which operate to
balance and change the political and social
conditions of a people like the British has
always operated, and must always have
operated, from within rather than from
without. Of these inward forces, some,
such as religion, are more apparent than
others. The action of what, using the
word in a very wide sense, may be called
education is more subtle, but hardly less
far-reaching. But religion and education
do not complete the list I have chosen
as the topic of this address a part of

DEVELOPMENT 133
the machinery of a third force, if more
subtle than even education, hardly less
potent — the administration of justice, and
the administration of justice on its Imperial
side. I hope to show you that this con
stitutes a real and most important portion
of the silken bands which, with so little
friction, hold our great empire together.
Its action is often misunderstood. It is
apt to be looked upon as a mere means of
declaring, without altering, the existing
law and Constitution. But that is a
narrow view, and mischievous pedantry
when the attempt is made to enforce it
in practice. Fortunately for us all, as
may be held even by the most devout
believer in representative institutions, the
law - changing functions of our great
Imperial tribunals are so little observed
and attract so little attention at the hands
of those who love to apply abstract con
ceptions to Imperial problems that they
have been suffered to operate unchecked.
The result has been an important chapter

134 THE APPELLATE COURTS
in the history of the development of an
unwritten constitution. The justice of the
Sovereign, the fountain in theory of all
our justice, would inevitably, had it been
administered by tribunals acting under the
direct influence of the policy of her
Ministers for the time being, have become
suspect. But it has rarely been so
administered. Governments fortunately
have had lent to them but little power of
meddling with it The examples to the
contrary, the English Star Chamber and
the Scots Privy Council, have long since
ended a brief and inglorious career of
intermeddling with judicial affairs. In
cidents beyond our seas, like the trial of
Nuncomar by Sir Elijah Impey, have
been but few, and if they occurred to
day that far-reaching engine of Imperial
justice, the Judicial Committee of the
Privy Council, would relentlessly deal with
them. As showing the faith in this body
which has been inspired into our distant
peoples, it is told of a traveller who had

THE PRIVY COUNCIL 135
penetrated into a remote part of India
that he found the natives offering up a
sacrifice to a far-off but all-powerful god
who had just restored to the tribe the land
which the Government of the day had
taken from it. He asked the name of the
god. The reply was: "We know nothing
of him but that he is a good god, and
that his name is the Judicial Committee
of the Privy Council." The sense of the
presence of sure and effective justice
which this body has come to inspire is
something which we as Britons may boast
of. It examines impartially the legality
of the actions of the Queen's meanest
subject and the Queen's Imperial Govern
ment. I have myself witnessed cases
when appeal was brought against the con
stitutionality of an order made by the
Queen in Council, advised, of course, by
an Imperial Ministry to the Queen in
Council. The Judicial Committee has
reported that the appeal should be allowed,
and the Order in Council quashed, as easily

136 THE APPELLATE COURTS
as if it had been dealing with the judgment
of a Colonial County Court
Such a spirit of fearless justice is of
course the outcome of the calibre of the
men who have sat in the tribunal. That
tribunal has not been at all times equally
strong. But, in the main, the spirit of the
great judges who have from time to time
presided overithas inspired their successors.
Names like those of Mansfield, of Grant,
of Kingsdown, of Cairns, and of Selborne
will always be associated with its history.
And here I pause for a moment It is
with the deepest sadness and profoundest
sense of the loss, not merely to Great
Britain but to the empire, that I recall
the fact that William Lord Watson will
sit there no more. I am indulging in no
panegyric inspired by mere personal re
gard for a great judge whom I was
privileged to know, when I say that he
had rendered more services to the empire
than many a distinguished statesman.
Those who have followed closely the

CANADIAN CASES 137
recent history of Canada know and can
illustrate what I mean. In 1867 Lord
Carnarvon passed his Confederation Act,
which created a Constitution in accordance
with resolutions passed in the various
parts of Canada. Under this Constitution
there was to be a Central Parliament and
Executive at Ottawa to deal with the
general affairs of Canada, and parliaments
and executives in the provinces which
should deal with provincial matters. The
people of the Colony, who were suspicious
of interference from Downing Street, also
obtained power to create a Supreme Court
for Canada, which should settle any con
stitutional questions that might arise, the
intention being to get rid as far as possible
of the Privy Council as a Canadian Court
of Appeal. This Court was not set up
for some years, but when it was it began
to produce a very different effect in the
Colony from that which was intended.
The judges took, or were supposed to
take, the view that the meaning of the
T

138 THE APPELLATE COURTS
Confederation Act was that the largest
interpretation was to be put upon the
powers of the Central or Dominion
Government, and the smallest on those of
the Provinces. About twenty years ago
a series of decisions were given by the
Supreme Court of Canada which certainly
gave colour to this view. There was
alarm in the provinces, and the result was
a succession of appeals to the Queen, for
which special leave was obtained from the
Privy Council, I well remember the cir
cumstances of these cases, for it so hap
pened that, when a junior, I was taken
into them on behalf of Ontario, which
bore the brunt of the struggle with the
Dominion before the Privy Council. So
important were they deemed in Canada
that the Provincial Prime Ministers used
to come over to argue in person with the
assistance of the English counsel. Almost
from the first Lord Watson took the lead
in the decision of these appeals. He
worked out a different view of the

LORD WATSON 139
Canadian Constitution from that which
had been foreshadowed by the Canadian
Courts. He filled in the skeleton which
the Confederation Act had established,
and in large measure shaped the growth
of the fibre which grew round it. He
established the independence of the prov
inces and of their executives. He settled
the burning controversies as to the Liquor
Laws, and as to which Government,
Dominion or Provincial, had the title to
gold and silver. His name will be long
and gratefully remembered by Canadian
statesmen. It is difficult to realise that he
is gone. He was the Privy Council Judge
par excellence. His mind was wholly free
from any tendency to technicality, and he
never failed to endeavour to interpret the
law according to the spirit of the juris
prudence of the Colony from which the
appeal came. If it was a Cape appeal,
he was a Roman Dutch lawyer ; if it was
an Indian case of adoption, he entered into
the religious reasons for the rule to be

I40 THE APPELLATE COURTS
applied. If it was a Quebec case of sub
stitution under the old French code, or a
Jersey appeal about the custom of Nor
mandy, it was just the same. He imported
none of the prejudices of the Scottish or
English lawyer. In the House of Lords
he was just as striking ; whether it was a
Scottish appeal, or an English case about
some abstruse question of real property
law, he was a great judge. For you his
name will go down to posterity coupled
with those of your great Scottish lawyers,
the men of whom Inglis was the type.
For us in England he will be recalled as
one of the most superb judges that ever
sat in the House of Lords. But the
greatest memory of him will, to my mind,
be that which must long be preserved in
the distant colonies of the empire, for
which he was the embodiment, not only
of a great legal intellect, but of absolute
freedom from partisanship, and of a
passionate love of justice.
I have lingered over the great name

THE JUDICIAL SPIRIT 141
of one who is, alas ! no more, because I
feel that in Lord Watson we have the
ideal of what a judge of the empire
ought to be. Whether he sits in the
House of Lords or in the Privy Council,
a man in that position wields enormous
influence. He not only decides particular
cases. Such is the weight of the decision
of this Court, that its spirit extends far
beyond its letter, and it moulds and
makes as well as interprets the law.
How much this has been the case with
the House of Lords, you who are Scottish
lawyers know. Its history as a Scottish
tribunal of appeal has been an illustration
on a great scale of the truth that fine
legal intelligence, even in a comparatively
unfamiliar field, is better than the under
standing whose main qualification is only
special knowledge. The jurisprudence
of all countries is much the same in its
fundamental principles. Strip it of its
technical terminology, and the differences
in great measure disappear. The master

142 THE APPELLATE COURTS
of legal principle who has a mind large
enough to be free from provincialism is,
therefore, in all cases the best kind of
judge. What he does not know he sets
in its proper place and proportion, as he
gathers it from the argument This is
why the decisions of men like Eldon,
Cairns, and Selborne, even on technical
questions of Scots conveyancing, have
been so well received in the Court of
Session. This is why a great judge like
Watson could rule the local tribunals of
the empire. The reports of the decisions
of the House of Lords in Scottish' appeals
are full of valuable illustrations of this
truth. I remember as a student being
puzzled by an English bankruptcy de
cision of Lord Eldon's, which had laid
down what was supposed to be the prin
ciple of justice in cases when the drawer
and the acceptor of a bill of exchange had
both gone bankrupt No English lawyer
dared to question what Lord Eldon was
supposed to have decided in Ex parte

JUDGE-MADE LAW 143
Waring, and it was treated as binding in
all the English Courts. But the same
question arose in Scotland, and the great
Scottish banks carried the point to the
House of Lords. There it turned out
that Lord Eldon had been either mis-
reported or misunderstood. The rule in
Ex parte Waring was put aside, and he
would be a rash man to-day who gave an
opinion that, Lord Eldon and Ex parte
Waring notwithstanding, the English law
was really different from what the House
of Lords has declared to be that of Scot
land. The Orr Ewing case may be
mentioned as a further illustration of the
same process. On the other side, I think
I may suggest that the Scottish law of the
construction of wills, so far as principles
of vesting are concerned, has not suffered
from those decisions of the House of
Lords, beginning with Young v. Robertson,
which have brushed aside supposed techni
calities, and made the rules in the main
the same for both countries.

144 THE APPELLATE COURTS
If this has been in a remarkable manner
the benefit of a great tribunal of appeal
shared in common by Scotland, England,
and Ireland, it has been not less strikingly
so in the case of the Colonies. It is not
too much to say that the judgments of the
Privy Council have been of enormous in
fluence in guiding and educating the
Colonial Courts. The power of appeal
to a very strong tribunal has kept these
Courts up to this mark, and caused them
to take increasing trouble over the reasons
for their decisions.
The extent to which the two great
tribunals have been of value in inter
preting the law in a liberal spirit, and not
less in moulding and assimilating its
various systems, suggests other considera
tions. The empire has developed enor
mously within the last few years. The
Colonies show a desire for closer relations
with the mother country. Already they
have manifested this desire as regards the
administration of justice, by accepting the

PROPOSALS FOR FUSION 145
invitation given them under the Bill which
Lord Rosebery introduced, and which Mr.
Chamberlain finally passed into law, to
send three representative judges to sit in
the Privy Council. In the last three years
Sir Henry Strong, the Chief Justice of
Canada ; Sir Henry de Villiers, the Chief
Justice of the Cape ; and Sir Samuel
Way, one of the Australasian Chief
Justices, have, from time to time, sat as
the representatives in the Imperial tri
bunal of these parts of the empire. But
why should the Judicial Committee of the
Privy Council be any longer allowed to
remain separate from the Judicial Com
mittee of the House of Lords? There
are four law lords with life peerages who
sit in the House of Lords as representa
tives of England, Scotland, and Ireland.
Why should not a sufficiency of distin
guished Colonial and Indian judges be
made life peers and added to the House
of Lords ? Why should not this step be
followed by the fusion of the two Com-
u

146 THE APPELLATE COURTS
mittees, which would then consist of sub
stantially the same members, into an
Imperial Court of Appeal ? There would,
in that case, be one great tribunal. If I
were a person of influence I would cause
it to sit always in the House of Lords,
instead of letting its members sit, as they
now do when they represent the Privy
Council, in a shabby room up a dirty
staircase off Downing Street. The new
tribunal would generally sit as one, but it
might divide itself, and sit in divisions to
dispose of the less important cases. It
would be so strong that, if a Scottish or
English judge in Edinburgh or London
was incapacitated by illness, the law lord
might come down and take his place tem
porarily, as do the English Chancellors
and ex-Chancellors in the English Court
of Appeal. Such a reform would make
possible a really great tribunal, worthy
of the glories of the greatest empire the
world has ever seen. It would form a
strong link in the binding together of that

POSSIBLE RESULTS 147
empire, for the Colonies, the groups of
which would have sent representatives to
it, would naturally feel it to be in part
their own possession. It would be a real
step towards the only kind of imperial
federation which seems possible — that
which can be brought about naturally and
without artificial pressure. It would give
a new position to the House of Lords.
The three colonial law lords would sit
there for all purposes, and would be, on
occasions, spokesmen of the people they
represented. They would carry to these
people ideas and experiences which were
to be gained in the mother country alone.
They would, on the other hand, tell us
of the working out of experiments made
in lands where the possibilities of reform
were less restrained by tradition than is
the case here. Above all this, they would
form the nucleus of a non-party element
in the House of Lords, an element the
introduction of which might be the pre
cursor of further changes in the composition

148 THE APPELLATE COURTS
of that House. That representatives of
the colonies should, on the invitation of
the Queen, sit in the Upper Chamber
of the Imperial Parliament is no new or
startling idea, and the reorganisation
of the supreme tribunals of appeal — a
reorganisation which is really matter more
of form than of substance — affords a
natural opportunity for a first step in this
direction. But I did not come here to-night to talk
of anything even verging on a problem of
Imperial politics. You and I, as lawyers,
are concerned primarily to desire that our
supreme tribunals should be of a calibre
the finest, and a dignity the highest that
we can make them. Imperialism of this
kind is beyond party controversy, and
with us the only question ought to be
how we may most completely carry the
colonies with us. After all, this is not
so simple a matter as it seems. I have
already mentioned that only a few years
since the Parliament of Canada did, what

CHANGES NEEDED 149
as the Parliament of a self - governing
colony it was entitled to do, set up a
Supreme Court of Appeal at Ottawa, with
the intention of abolishing for all practical
purposes the appeal to the Queen in
Council. It turned out that they had
been in advance of public opinion, and
as, in the statute setting up the Court, no
such express words had been used as
were necessary if the prerogative right
of the Crown, as the ultimate tribunal
of appeal, was to be taken away, the
Judicial Committee decided that the
appeal to them still lay. That time we
were more fortunate than we ought to
have been considering the littleness of the
public interest at home in the Judicial
Committee. To-day we are face to face
with a danger of the same sort. The
new federal proposals for the Australasian
Colonies at first were intended to abolish
the appeal, and in their present form may
somewhat restrict it. It is to be hoped
that these proposals will not, in the result,

ISO THE APPELLATE COURTS
be found to have gone as far as some
seem to have desired them to do. But
this will most easily be averted by
making our Australasian Colonies feel
that we offer them the finest Court of
Ultimate Appeal that the empire can
produce, and by, as I hold, giving them
a part to play in its constitution. As
a faithful Imperialist my heart rather
sinks when I go to argue an Australian
Appeal at Downing Street, in which I
know that there is keen interest in the
Colony, and see only a scratch collection
of three members of the Judicial Com
mittee sitting at the green table, the
others having been drafted away to recruit
the judicial quorum for the day in the
House of Lords. The public would not
permit this if they only knew what was
at stake at this moment, and both the
present and the late Lord Chancellor
have struggled hard to remedy what the
Treasury, driven by the public, alone can
effectually remedy.

CONSTITUTIONAL QUESTIONS 151
There is another aspect in which lack
of general interest in the Judicial Com
mittee is most undesirable. That Com
mittee has often questions of international
and constitutional law of the gravest
moment to determine, and it is not only
of political, but of national importance
that these should be resolved with the
aid of the full strength of the Court, I
will mention some instances. A short
time ago the case of Cook v. Sir John
Gordon Sprigg* came before the Privy
Council, on appeal from the Cape. The
appellants were grantees of certain con
cessions from a native called Sigcau,
who was paramount chief of Pondoland.
Pondoland was annexed by the Crown,
and Cook, the grantee of the conces
sions, sued to have his rights under it
recognised. It was argued that by the
ordinary and well - known principles of
international law property must be re
spected by the sovereign who annexes
* [1899] A, c, 572.

152 THE APPELLATE COURTS
and assumes the duties and legal respon
sibilities of the former sovereign with
respect to private property within the
ceded territory. But it was decided that,
admitting this to be true, no municipal
tribunal had authority to enforce such an
obligation, and that, even if there had
been an express bargain between the two
potentates, diplomatic pressure was the
only remedy. Now I am not criticising
this decision when I say that it is as
startling as it is momentous. Grotius
might well turn in his grave at such a
refusal to recognise an integral part of the
jus gentium as enforceable by a Court of
Justice. The point is that to hold, rightly
or otherwise, that if a wrong had been
committed, it was a wrong for which the
Courts could not take cognisance of any
remedy, was to lay down a proposition
as important, politically, as it was far-
reaching in its consequences.
I will give one or two other instances of
the wideness of the range of the influence

THE UPPER HOUSE 153
of this tribunal. In the course of the
debates on the Death Duties Act in the
House of Lords in 1894, the question
arose as to what were the constitutional
powers of the House of amending or re
jecting the bill, which was of course a
money bill. To some extent the question
was admittedly covered by resolutions,
which had been passed in the end of the
seventeenth and the beginning of the
eighteenth centuries by the House of
Commons, and accepted by the House of
Lords. To a less clear extent a further
limitation on the constitutional power of
the latter Chamber in regard to money
bills had been established by the resolu
tions of the Commons, acquiesced in by
the Lords, passed by Lord Palmerston's
Government, after the rejection by the
Lords of the Paper Duties Bill of i860.
It turned out in the course of the debate
of 1894 that the question of the extent of
these limits had been referred by one of
the Australian Colonies to the Queen in
X

154 THE APPELLATE COURTS
Council, and that the members of the
Judicial Committee had given a ruling on
it. The point had arisen in regard to the
powers of the Upper Chamber of the
Colony over money bills, and the Privy
Council advised that the theoretical power
of amendment, which undoubtedly existed
as a mere matter of law, could not consti
tutionally be exercised at all, and that the
power of rejection in to to was subject to
grave constitutional restrictions.
Another instance of the same sort of
quasi-political procedure arose in a case,
not reported, but in which I was engaged
as counsel in 1883. The Judicial Com
mittee, presided over by Lord Chancellor
Selborne, had to settle the boundaries
between various Provinces of Canada and
the unorganised territories which are under
Dominion control. The inquiry was very
complicated, but finally the Lord Chancellor
intimated that the Committee was in a
position to give its decision. Counsel pro
posed, following what would undoubtedly

THE JERSEY CASE 155
have been the true principle a few years
previously, that as the fixing of boundaries
was within the prerogative of the Crown,
the decision should receive effect by an
Order in Council. But the Lord Chan
cellor intimated that the Committee con
sidered that the growth of the power
of Parliament made it proper that the
new boundaries should be laid down, not
by a Prerogative Act, but by an Act of
Parliament itself
I will trouble you with only one more
case. Some years ago a prisoner in the
Island of Jersey was sentenced by the
Jersey Courts to death. She turned out
to be a French subject, and it was deemed
advisable by the Imperial Government,
instead of carrying out the sentence, to
hand her over to the French authorities.
The Jersey authorities refused to agree.
The Board which controlled the Jersey
prison had a majority who sided with the
Island. The Imperial Government had
great difficulty in getting hold of and

156 THE APPELLATE COURTS
releasing the prisoner, and to prevent a
recurrence of this difficulty an Order in
Council was made, on the advice of the
Secretary of State, repealing a provision of
an old Act of the Jersey States or Parlia
ment, and securing to the Imperial Govern
ment a majority on the Prison Board. The
Island appealed to the Queen in Council
against the Order of the Queen in Council.
A special Judicial Committee, very strongly
manned, sat to consider the question,
which proved to be one of immense
historical and constitutional interest It
was this. As you know, the Channel
Islands are the last fragment remaining,
since King John lost the rest, of the old
Duchy of Normandy, and are held by the
Queen as Duchess of Normandy. Now
undoubtedly the Queen is only a constitu
tional monarch in so far as she is Queen
of England. That is to say, the old
struggles between the Crown and the
Parliaments of our forefathers had estab
lished the right of Parliament to withhold

THE JERSEY CASE 157
supplies, and finally to restrain the Crown
from legislating excepting with the advice
and consent of Parliament But there
had been no such struggles in the Duchy
of Normandy, and two eminent historians,
Mr. Freeman and Mr. Palgrave, had
differed over the very point which now
came before the Privy Council, the right
of a Norman Duke before the Conquest
to legislate without the advice and consent
of his Curia, the body from which the
States of Jersey had inherited their tradi
tions. The law officers argued the case
for the Imperial Government, and it fell
to myself to open the attack on the Order
in Council for the Island. We had pre
pared, with much assistance, elaborate
collections of historical materials on both
sides. This ponderous collection of charters
and other documents forms, by the way, a
unique source of information, available to
day for anyone who cares to undertake to
write the constitutional history of the
Channel Islands. I opened my case on

158 THE APPELLATE COURTS
three grounds : First, that Duke RoUo
and the predecessors of William the Con
queror could be shown, from the fresh
materials which our experts had collected,
to have legislated only with the advice
and consent of the Curia, and that there
fore Queen Victoria must be presumed
incapable of constitutionally repealing an
Act of the Jersey States of Parliament
without the advice and consent of that
Parliament. Secondly, that although there
had been no struggles over supplies in the
history of the relations of the Crown with
the people of the Channel Islands, there
had been a series of charters extending
the powers of self-government of the
people, given after each war of England
with France, as a reward for the assistance
of the islanders, and that this had had an
analogous constitutional effect Thirdly,
that the new Order in Council was a
breach of an understanding come to be
tween the Government of Lord Melbourne
and the authorities of the Island fifty

THE JERSEY CASE 159
years before. The case was heard by
the most imposing tribunal I ever argued
before. The Prime Minister, the Lord
Chancellor, two ex-Chancellors, four law
lords, a Bishop, and two lay Privy
Councillors were the judges. In the
end they advised Her Majesty to quash
her own Order in Council, on the third
ground, that it had been a breach of the
old understanding, and, after the fashion
of concrete-minded Britons, hinted, not
obscurely, that they should be displeased
if the law officers pressed them to decide
at all the great constitutional question
whether the monarchy in the Channel
Islands was a limited one. Lord Watson,
indeed, bluntly indicated that he should
decide nothing of the sort. Needless to
relate, the islanders went away much
impressed with the impartiality of the
Queen's great tribunal. There is a re
port of this case in the State Trials, but,
oddly enough, the newspapers of the time
missed it

i6o THE APPELLATE COURTS
I have said enough in the course of
these observations to indicate to you my
own strong conviction that the judicial
functions of the Privy Council have
attracted less attention at the hands of
our rulers than they ought. There is a
larger conception of Imperialism than that
which forms a party cry at elections. This
larger conception of Imperialism is less
controversial, but not less far-reaching. It
recognises in the Crown and in the system
of imperial defence great features of our
existence as an empire. But it refuses to
recognise in these the only features of that
existence which demand attention. It may
be that in the sphere of education, in the
foundation which some are at^ present
endeavouring to compass of an Imperial
University, a new link will soon be found.
But this at least Imperialists, such as I
own myself desirous of being reckoned,
hold to be certain, that in the administra
tion of justice, and in the existence of a
great but scantily recognised central tri-

CONCLUSION i6i
bunal, we have one of the most real
bonds that can hold together the distant
parts of the Queen's dominions in those
relations which only a common heritage
can give.

V
SCIENCE AND RELIGION
IN his story of Germany as it was in
the time of Luther, Heine tells us
what a tremendous change Luther with
his own hand effected. Not only did he
revolutionise the attitude of men towards
authority in religion, but he brought about
a new era, in which everything had to
justify itself before the tribunal of reason,
Heine tells us, in his imaginative fashion,
how, as Luther and his companions entered
the town of Worms singing "Ein' feste
Burg ist unser Gott," the old Catholic
Cathedral shook to its rafters, and the
ravens whose nests were there flapped
their black wings and flew away. Luther's
hymn itself, with its proclamation of the
162

LUTHER AND KANT 163
authority of God, and God alone, Heine
calls the Marseillaise hymn of the Re
formation. The revolution had begun.
Authority was shattered. Reason was
now the only lamp of mankind, and
conscience the only prop and staff in the
wanderings of life, Man was face to face
with his Maker, and needed no priestly
intermediary. So Heine sums it all up.
But the spirit which Luther had roused
could not, so Heine tells us, be confined
in its activity. The mantle which the
great reformer cast from him when his
work was done descended on Immanuel
Kant. If authority had to justify itself
before the human intellect in one case, so
must it in all. It had now to be shown
that religion and science could be recon
ciled. The thinker of Konigsberg, with
his Critique of Pure Reason, was in truth
the bearer of the very torch which the
great reformer had kindled, when from his
cell in the Wartburg he bade the people
read the Bible freely and without stint, and

i64 SCIENCE AND RELIGION
interpret it for themselves. Authority was
gone, and science and religion were face
to face with none between.
What is science ? What is religion ?
What is the nature of that system of
knowledge of which they form two of
the branches ? These are questions to
which we had better try to find some
answer. It was easy for theology, three
or even two hundred years ago, to repel
the attacks of science, then full of
quackery and superstition — of alchemy,
phlogiston, perpetual motion. Gaps like
these in the results of the earlier inquiries
into the secrets of nature left room for the
easy penetration of the armour of science
by the defensive weapons of theology.
But now all this is altered. Science is
furnished with weapons as different from
those of the time to which I allude as is
the Maxim gun from the crossbow. She
has attacked theology with vast armies at
every point of the field. The latter has
been driven from her outposts, and has

THE MODERN SPIRIT 165
abandoned much of what used to be
considered essential ground of defence.
The Mosaic cosmogony has capitulated
before evolution ; verbal inspiration has
yielded up to criticism the fortress which
it once held. And yet, the advances of
the last quarter of a century notwith
standing, religion remains a power as
great and as living as at any time in the
world's history. That power is of the
heart rather than of the head. In the
field of the latter she has suffered. Her
theologians have been unable to resist the
onslaughts of the dervishes of physics and
biology. It may be necessary for her
well-being that the lost territory should
be retaken, and she may feel at this
moment impotent to accomplish it. But
religion as distinguished from theology,
that belief in the reality of the highest
standpoints which has been the faith of
the men and women who in all ages have
been regarded as greatest and wisest, this
remains undiminished in its hold on the

i66 SCIENCE AND RELIGION
heart Herein lies a paradox which yet
must be solved if human reason is not to
incur reproach.
Well, a solution has always been talked
of by thinkers, however little it has been
grasped by the multitude. The problem is
no new one. It raised its head at Athens
more than two thousand years ago, before
the days of Christianity, and in much the
same form as to-day. Only the move
ment of the forces of reason was then
directed more to the overthrow of the
extreme pretensions of science than to
the defence of faith. Socrates used to
delight to take weapons of precision from
the armoury of Greek philosophy, and
with them to put to rout the claims of
the physicists of his day to have dis
covered the whole truth. The genius of
Plato has preserved for us the story of
these battles. In another form Aristotle
has shown us the same spectacle of the
driving of science to within her own
proper boundaries. In our time that

PHILOSOPHY 167
spectacle has been repeated. There is
a view of the history of philosophy which
sees in it, not system deserted for system,
but the development and perfecting of a
great conception which has remained sub
stantially the same under forms and in
language that have varied with the suc
cessive moods of the Time Spirit. To
the question as to the ultimate nature of
reality, of that into which all besides is
resoluble, and in terms of which all else
must be expressed if final truth is to be
attained, the answer of the great thinkers
of all ages has been that this ultimate
reality is mind and not matter. In this
Plato and Kant, Aristotle and Hegel, are
at one, however varying their language,
and however divergent on minor points.
When estimated broadly and read aright,
even such different inquirers as Spinoza
and Hume have really turned out to be
pointing us to the same conclusion. They
have furnished us, have these generals of
the forces of reason, each in his own

i68 SCIENCE AND RELIGION
fashion, with weapons of a precision
which is deadly when directed against the
loose procedure of the invading army of
science. They have made it plain, how
ever often the lesson has been forgotten,
that religion, art, science, philosophy has,
each of them, its own definite territory,
and that none has the need or the right to
cross the boundaries of the others. How
they did this and what they said is worth
trying to grasp. It is no novel statement,
no new conclusion about the nature of
things. It is the expression of what the
great thinkers have agreed on without
reference to minor controversies. Viewed
so, the history of philosophy is no chaos of
contradictory systems, but the presenta
tion of a single great thought which I shall
try to-night, however imperfectly, to place
before you. For it seems to me to contain
within itself the reconciliation of science
and religion of which we are in quest.
" Two things," said Kant, " fill me with
a sublime sense of admiration, the moral

EVOLUTION 169
law within, and the starry heavens with
out." But powerful as is the emotion
which the spectacle of these must ever
awaken in our breasts, mere emotion can
be no test of truth. It may be that,
understood aright, these two sublime facts
are but the outcome of development from
what lies far below. Men of science tell
us that the starry heavens are but the
result of the cooling down through
millions of years of a vast nebulous mass
occupying a space in which the universe
as we know it has evolved itself in accord
ance with well-known mechanical laws.
The solar system, they say, to which our
planet belongs, is but a fraction of this
result. On that planet, as it became
cooler and cooler, life began to appear
in rudimentary forms evolved from the
combinations of the element carbon with
other chemical elements. With life there
began, so they show us, a strictly natural
process of adaptation, not by any con
trolling power from without, but by

I70 SCIENCE AND RELIGION
natural and sexual selection, and the con
sequent survival of the fittest to survive.
There came a point when mere life and
instinct grew into the dawnings of some
thing higher, when the brute began to
feel the growing impulse towards society,
self-restraint, and decency. This impulse,
operating through countless generations,
has ended, so they tell us, in mind with
its moral law, the last therefore and not
the first, the creature and not the creator
of the universe. I have always been
strongly of the view that one of the idlest
efforts of theology, and an effort which,
to do theologians justice, is not made so
much to-day as it once was, is to dispute
the conclusions of science after once
conceding its premises. Undoubtedly if
we admit the tacit assumption which
physicists make, that all that is real, even
in ultimate analysis, can be expressed
in terms of relationships in time and
space, and be described under the only
conceptions which physical science can

ABSTRACTIONS 171
employ, the result I have sketched will
follow. To a Lucretius or a Tyndall
there is no answer, if we once concede
that atoms and energy are final realities,
and that the only way of saving theology
is to justify the conception of a mere
physical hand, gigantic in power, it may
be, but still operating mechanically ab
extra, as the hand of what Matthew
Arnold has called a magnified and non-
natural man. To invite the physicist to
accept such a conception is to invite him
to throw over what, from his plane of
inquiry, is well established, the principle
that matter and energy can neither be
added to nor subtracted from. If theology
descends from its high ground, and un
reflectingly abandoning its position accepts
battle on this level, it will be defeated,
and that inevitably. But why should
theology admit the tacitly made assump
tion that the conceptions of atoms and
energy, of space and time relationships,
are final, or represent realities at all, as

172 SCIENCE AND RELIGION
distinguished from convenient abstractions.
For it may well be that such abstractions
have validity only as expressions of certain
aspects of reality, in contradistinction from
reality itself. The clearest -headed men
of science — men like Huxley, Spencer
and Clifford in this country, and like
Johannes Miiller and Du Bois Reymond
in Germany — have admitted and even
pressed this latter view. They have told
us that the conception, for instance, of
a physical atom as final and indivisible,
or of a living cell as mechanically or
chemically constructed, corresponds to
nothing that can conceivably be ex
perienced, and is, if regarded as a thing
that can be seen or felt, full of latent
contradictions. They claim for certain
of the leading conceptions of science
no more than that they form convenient
working hypotheses. The admission is
no new one. The old Greek sophists
were fond of testing the idea that space
was a real thing, consisting of parts, by

SPACE 173
a dilemma. Either, said they, it does not
consist of real parts, in which case what
becomes of your indivisible and final
atoms, or else it does, in which case
Achilles could never, however swiftly
he ran, overtake a tortoise. For when
Achilles had got up to the point from
which the tortoise started, the latter
would have in the interval passed through
another, though smaller, division of space.-
By the time Achilles had got through
this new division the tortoise would have
passed through another yet smaller, but
still equally real division, and so on
to infinity, with the result that it was
mathematically demonstrable that Achilles
could never catch up the slow-moving
tortoise. The conclusion which the subtle
Greek thinkers drew was not that Achilles
could not Overtake the tortoise, for this
would have been absurd, but that the
conception of space as a self-subsisting
real thing, made up of real divisions, or
of matter as constituted out of really final

174 SCIENCE AND RELIGION
atoms, was wrong. They went on to tell
us, or at least Plato and Aristotle did for
them, that to conclude otherwise was to
mistake a point of view of limited appli
cation for an adequate and exhaustive
account of reality. There is, for example,
no such thing to be found in nature as
the straight line which Euclid defines,
length without breadth and the abso
lutely undeviating way between two points
without magnitude. And yet this is a
legitimate and necessary way of look
ing at space. We do not regard such
a straight line as a real thing. We
never see or feel it in the nature that
surrounds us. It is only an abstraction
made in reflection when reflection confines
itself for the moment to a single and
isolated point of view, and looks away
from other and equally legitimate aspects
of reality. The world as we experience
it consists just as much of colour and
weight, and beauty and morality, as it
does of space, and yet all of these very

THE REAL PROBLEM 175
real aspects the mathematician ignores.
He does it, and he has to do it, in order
to concentrate his attention, and to extend
his own kind of knowledge. But he
cannot assert that the phases with which
he deals are the only real ones. Why,
then, should atoms and energy, which
have no more counterpart, as actual facts
experienced, apart from colour and weight
and beauty and morality, than have straight
lines and squares and numbers, set up any
better title to be the ultimate reality to
which all else is reducible.
I will now approach the problem on
another side, and, again premising that I
am giving you not my own special con
clusion, but one that, so far from being
new, is our common heritage from the
great masters of thought, show you that
instead of mind being properly conceived
as the last development, as science says,
it cannot properly be looked on in any
other light than as the prius of everything
that is.

176 SCIENCE AND RELIGION
Suppose that the Time Spirit could
retrace its steps and that we found our
selves face to face with a universe consist
ing of nothing but a nebulous mass of
atoms in motion, what would its existence
mean? What would be implied in its being
there before us ? Science tells us that
such a universe might have been per
ceived, but it also tells us something more.
What does to be perceived mean ? Let
us take the case of sight, the sense
through which we perceive colour, and
ask what science tells us. Is the colour
which we say we see something out there
existing in the object independently of
me, or is it the outcome in my brain
of some cause, operating from outside,
which has nothing to do with colour?
Science itself does not hesitate about the
answer. The physical foundation of colour
is the vibrations of the medium which
pervades the space between the object
seen and the eye that sees. These vibra
tions stimulate the retina. This stimula-

THE SENSES 177
tion affects the optic nerve, which transmits
the stimulus to nerve centres in the brain.
It is through these nerve centres that the
sensation of colour first arises. If the
optic nerve be cut there is no sensation
of colour. A person born without an
optic nerve would not know what colour
meant In the thing perceived there is
no colour, nothing but the movement
which causes the vibration. Thus science
proves to us that the perception of colour
is not an impression which the mind re
ceives passively from without, like one
who looks through a window, but is wholly
and entirely the creation of the nerve
centres in the brain. Our final universe
of matter and energy would then be unlike
anything we, or even men of science, have
any experience of. Not only must colour
be denied to it, and relegated to the per
ceiving mind, but sound, smell, taste,
touch must follow in like fashion. They
are but the outcome of a stimulation of
the nerves. There is no meaning in say-
2 a

178 SCIENCE AND RELIGION
ing that the cause of this stimulation is
colour, or sound, or smell, or taste, or
touch. Save as sensations in the brain,
so physiology tells us, which all observers
project in the same fashion into the object,
they have no meaning, that is to say they
do not exist. If we take what are called
the primary qualities of things, such as
extension in space and duration in time,
science conducts us to the same result.
They are for physiology meaningless ex
cept as the projections of a brain which
can perceive nothing directly, but can only
as it were interpret the stimulations of
which the nerves tell, and beyond these
can have no real object of knowledge.
Such, at least, is the account which science
gives of knowledge. Matter and energy
now stand before us shattered. They
exist only for brains that perceive, and
they cannot be the finally real things.
There is no escape from the dilemma.
Either science is right, and the supposed
universe of matter and energy turns out

MATTER AND MIND 179
to have been there only for a perceiving
mind, or the account which science has
given of the whole matter has been some
how one-sided, in which case we need not
trouble our heads over the bearing on the
question of the ultimate nature of reality
of the mechanical conception of things,
or the evolutionary hypothesis of their
origin. But the difficulty does not end
here. The brain which perceives — what
of that? It is itself known only through
the senses, and is itself therefore only a
projection of a mind that perceives. What
science proclaims as true in the one case,
she must acknowledge to be true in this
case also, which is indistinguishable from
the first. The conclusion she is driven to
seems to be the exact opposite of the one
with which she started. It is not that
things produce mind, but that mind pro
duces things. The universe of matter
and energy is meaningless excepting as
object constructed by the mind for which
it is there.

i8o SCIENCE AND RELIGION
Now all this would seem absurd and
impossible if taken as an exhaustive and
sufficient statement of the nature of the
world in front of us. For it is plain,
whatever else is not plain, that we do
not make that world. It was there before
our time. It will be there after our
time. It dominates us more than we
dominate it. It is a most solid and sub
stantial reality, no magic-lantern picture
projected by our imaginations. But be
it observed that the difficulty has arisen
entirely out of the action and pretensions
of science. The plain man believes in
the reality of the world as it seems, and
of all the aspects of that world — not only
its mathematical and physical and bio
logical aspects, but its aesthetic and moral
and religious phenomena. Good and
evil, beauty and ugliness, are just as real
to him as lines and squares and causes.
It was only science that sought to shut
them out, and to insist on the reality of
one aspect only. And it now seems that,

ABSTRACTIONS i8i
just as science destroyed beauty and
goodness, and the notion of God Himself,
when she adopted the point of view of
evolution out of matter and energy as
the prius, so she destroyed matter" and
energy when she adopted the physiological
account of the perceiving brain. Now
this looks very much as if the same
mistake had been made as we saw was
made by the mathematicians who asserted
that space consisted of real finite parts,
and who were in consequence unable to
explain how Achilles could overtake the
tortoise. The fallacy is that of confound
ing an aspect of things, which is got by
abstracting from an isolated and special
point of view for the purpose of extending
¦ knowledge, with the reality of these
things. The true conclusion would appear
to be that the rich concrete universe which
lies before us cannot be reduced to mathe
matical or physical or biological elements,
or be adequately conceived or apprehended
through the spectacles of the mathematician

i82 SCIENCE AND RELIGION
or physicist or biologist Rather must all
its other aspects be regarded as equally
real with these. Rather must each of
these aspects be looked upon, not as
independent reality, but as the outcome
of the work of reflection, which separates,
in order to bring into clearer consciousness,
aspects which are never separated in a
concrete reality which is one and indivisible.
If so, beauty is as real as biology, and
morality as mathematics. The evolu
tionary account of the universe is a true
account, given from a limited standpoint,
of one aspect, but of one aspect only, and
the other scientific account which makes
the human brain come first instead of last
is equally accurate and equally limited.
There is only one conception which
reconciles these two points of view, a
conception which embraces them both
and regards them as presenting only
partial views of the truth, the way of
looking at things which sees in mind,
for which all is, not a finite object of

MIND AND REALITY 183
knowledge, fashioned in the likeness of
man, but that for which neither the
expression substance, nor the word cause,
is adequate, that which can be looked on
only as the subject for which the universe
is object, and in the activity of which all
the various phases of that universe are
embraced as aspects, separable in reflec
tion, as a means to clearer knowledge, but
not otherwise separable. This was what
Plato and Aristotle thought and taught, and
this it is that underlies what is deepest in
modern speculation from Bishop Berkeley
down through Kant to our time.
But if this be the true view of ultimate
reality, that its nature is to be sought in
mind, and that the apparent separations
of its aspects are only the outcome of the
limited capacity of the human mind for
grasping all together in their entirety,
important consequences arise from our
conclusion as to the relation of science
to religion. The mathematician tries to
conceive the universe as though it were

i84 SCIENCE AND RELIGION
reducible to relations of quantity. The
physicist seeks to view that universe as
one of motion and of mass, of matter and
of energy. Each deals with an aspect
which stands out isolated, simply because
he is looking at the riches of concrete life
through limited categories which exclude
all else for the sake of clear knowledge
of one phase, a phase which is separate
in thought alone. The biologist conceives
living organisms as self-conserving, as
preserving their identity amid a constant
change of the material out of which the
living tissue is made, as remaining the
same throughout a development from
birth to death, but a development which
is brought about, not by any external
cause, but from within. He conceives
the cells, out of which the modern science
of biology tells us that the body is made,
as working together for the purposes of a
common life, not like effects brought about
by some outside physical cause, but more
like soldiers obeying a general in command.

LIFE 185
In so doing he follows the dictates of
common sense. It cannot be the result
of chance that millions of embryonic
formations present the same structure,
and amid constant changes of material
follow the same course of development.
No fortuitous external cause, such as a
Lucretian concourse of atoms, can account
for this. But neither can we put it down
to, what would just as much be an external
cause, the action of some anthropomorphi-
cally conceived influence operating upon
the organism from outside in space. The
first alternative is contradicted by the
facts, the second by science, and par
ticularly by the principle of the conserva
tion of energy. But neither hypothesis is
necessary. It is only when these aspects,
that of mechanism and that of life, are
taken to be independent realities, separate
otherwise than in the reflection which has
separated them, that the contradiction
arises. If we are content to believe in
the reality of the world as it seems, and
2 B

i86 SCIENCE AND RELIGION
to regard these as points of view in the
mind for which all these are there, to take
mind and not matter as the prius, the
difficulty will disappear. Just as we were
convinced that Achilles really did overtake
the tortoise, and that it was only our way
of looking at the matter which caused the
difficulty of conceiving it, so we shall
recognise that all these aspects are equally
real, in their own way, and from the
standpoints to which alone they are
appropriate. Now turn to another stage. We have
seen that there is no difficulty in regarding
the living organism as really living, that
is as self-conserving and self-directing in
its growth through change in the material
of its cells. From the standpoint of the
physicist it seemed and had to be regarded
as a mere mechanism, a sort of automaton
whose shape and movements were caused
from without. But this has turned out to
be merely one aspect, an abstract way of
looking at matters, adopted for the purpose

MORAL BEINGS 187
of regarding the organism's relations as
quantities, as measurements and weights,
and so getting clearer knowledge from
that point of view. Now common sense,
which compels us to look at the organism
under higher categories than those of
mechanism, also compels us, in the case
of some organisms, to regard them as
rational and moral beings, as well as
merely living. Here we have another
aspect, from which the lower one, that of
mere life, is isolated by abstraction under
the categories to which biology confines
itself for the furtherance of its own pur
poses of study. These rational and moral
aspects of the living being contradict the
biological, which try to exhibit them as
and reduce them to the products of a lower
stage of existence, only if the latter are
regarded as independent realities. But if
both be but aspects, then both are, as
common sense bids us say, equally real
and in truth not separable save by the
abstractions of human and limited intelli-

i88 SCIENCE AND RELIGION
gence. A higher kind of intelligence
would have no difficulty in construing
them. It is only the limited character of
our faculties which occasions our difficulty.
We are always striving to express reality
in terms of the categories which are lower,
because the relations of simple quantity
which they express are the ones which we
can most clearly and easily grasp. But
in truth and in fact our common sense
bids us recognise the higher aspects as not
less real, and indeed as taking up those
that are lowest into themselves. Thus
beauty, intelligence and morality come to
be understood to be no illusions of the
senses, but the higher realities of life.
Now that we have seen something of
the nature of the categories of the other
aspects, what shall we say of the con
ception of God, that which has been
present to the mind of man in various
shapes in all ages, and which is the
supreme category of religion ? Religion
may be defined to be that aspect of the

GOD 189
universe in which the relation of man to
God appears. If the analysis which has
been so far followed be a true one, God
must be conceived, not as a force operating
from outside in space ; not mechanically, as
a substance or cause ; not as a magnified
and non-natural human being, but as a
spirit ; as mind ; as the subject for which
the world is object, and in which the
limited plane of human intelligence appears
only as a stage or phase. The universe
must be, in this point of view, in God,
not as one thing is spoken of as within
another in space,, but as only being there
"for" God as the supreme and only sub
ject, the knowledge that creates and is
one with what it knows. The various
stages in our knowledge and the aspects
of reality to which they give rise must
surely be looked on as phases of His
nature isolated by that imperfect instru
ment, human intelligence. Were that
intelligence perfect, we should see all
things as in God, and realise that it was

I90 SCIENCE AND RELIGION
only in so far as we were objects in know
ledge that we appeared as separated from
His supreme reality. Subject to these
limits we are, and they prevent us from
attaining to that plane of apprehension
from which we should see that we exist
as we do and know what we know
only in so far as we are in some sense
one with that Divine Intelligence for
which the objective universe and we "as
objects in it " exist. But the condition of
our conscious nature seems to be that it
should regard itself as limited, as an object
distinguished from the thought which
apprehends it. Yet while knowledge
cannot present the true relationship as a
clearly apprehended fact, such as the
lower categories enable us at least to
speak as though we could present, never
theless there are analogies which come
to our help. In our ethical relationships
we transcend the limits of our individuality,
and sometimes find the very realisation of
our being in sacrificing ourselves, it may

HIGHER STANDPOINTS 191
be for those near to us, it may be for our
country. This is why the soldier will
gladly face death on the field of battle.
A higher conception of himself than one
which is merely individual moves his choice.
So with religion. Its practice has in all
ages taught men and women to disregard
the apparent limits of their individualities.
The martyr who has chosen the stake
rather than sacrifice his faith, the devout
Buddhist to whom the world has become
as nothing, as but the veil of Maya — these
have shown their sense of things unseen,
and of a temple not made with hands. In
the practice of religion we seem to realise
the existence of the highest aspect of
human life, though we cannot present it
pictorially to ourselves. Regarded in that
aspect, the mind even of man is in direct
relation to absolute mind, is what it is
because it is not truly severable from God,
the ultimate and finally real aspect of a
universe which exists only in and through
Him. That is how science and philosophy

192 SCIENCE AND RELIGION
come in the end to reduce the reality of
the universe to the being object for a
subject It is only in symbols that we
can express this truth, because the language
which we use is drawn from everyday life,
where for the purposes of practice we
draw distinctions which are in reality pro
visional only. Thus it comes about that
religion, when it tries to express itself and
to explain, has always tended to become
pictorial and anthropomorphic, and to ex
pose its dogmas to the attacks of science.
But rightly understood, regarded as the
symbolical language in which we express
what by intelligences limited as are ours
cannot be apprehended pictorially, the
meaning of religion becomes clear. It is
an affair of the will rather than of the
intellect, of feeling rather than of abstract
knowledge. But just in so far as it is so,
it is the phase of comprehension in which
we realise for ourselves what philosophy
points to, but can do no more than point
to. It gives us that direct and living con-

RELIGION 193
tact which cannot be attained save in its
practice. So regarded, it takes us beyond
and above the categories of science, aye and
beyond the standpoint of mere morality.
What, indeed, is that which is blamed
and properly blamed as moderatism but
the confusion of the categories of morality
with those of religion ? There is no real
conflict with religion, because science and
morality set up no properly independent
realities, but merely standpoints which no
more come into conflict with that of religion
than does the sphere of geometry with
that of jurisprudence. It is only when the
teachers of religion, who seek to com
municate their own vivid and real ex
perience, those aspects of things which
they rightly hold to be the most real
because they are the most high of all, fall
into the language of anthropomorphism,
and speak in symbols and metaphors as
though they were speaking of quantities
and causes in space and time, that apparent
contradictions arise. The outcome of the
2 c

194 SCIENCE AND RELIGION
profoundest thought in the history of
philosophy has been to exhibit the relation
ship of science and religion as one not of
contradiction but of harmony, and to dis
play the various stages of knowledge as
ascending platforms or planes. This was
the teaching of Plato. This was what
Aristotle meant when he distinguished the
active from the passive reason. This was
what Kant and his successors aimed at
enforcing as the only possible view, if
reason was not to be regarded as involved
in hopeless self-contradiction. The ulti
mate explanation of the universe seems to
lie in a system not of Causes, but of Ends.
My task has been to try to set the
outline of this great conception before
you. How difficult it is and how im
perfectly I have done it I know well.
But if I have stirred some among you,
who have felt perplexed when face to face
with the conclusions of modern science,
to the wish to dig for yet deeper founda
tions of belief, I shall be content These

THE RESULT 195
things are hard to grasp. They can only
be won as distinct conclusions by reading
and by meditation. But surely for those
who ask whether there be no escape from
the burden of a materialism that denies
the reality of what seems best in life they
are worth pursuing. It is not much we
can do for ourselves, still less for others
in helping them towards what each has
to work out and win for himself But
at least we may assist each other to some
sense of the truth of the words in which
Plato makes Socrates conclude a famous
dialogue : "If, Theaetetus, you have or
wish to have any more embryo thoughts,
they will be all the better for the present
investigation, and if you have none, you
will be soberer and humbler and gentler
to other men, not fancying that you know
what you do not know."

INDEX

Achilles and the tortoise,
173-
Alsace, 2,
Aniline colours, 22-4.
Aristotle, 31, 194.
Arnold, Matthew, 1-5, 42,
44, 171.
Australian Commonwealth,
118-20, 149.
Balfour of Burleigh, Lord,
40.
Berlin, 21.
Biology, 184.
Birmingham, 33.
Bowen, Sir George, 98.
Brauerbund, 9.
Brewing industry in Ger
many, 8-10, 13-16.
Bristol, 33.
Cambridge, 31.
Canada, 90,99, 111-16, 137,
149, 154-
Carnarvon, Lord, 85, 137.
Carnegie, Mr. Andrew, 34.
Centralstelle, 9, 18, 19.
Channel Islands, 93, 102-5,
I5S-9-

Cockerton case, 54.
Colonial Office, 96.
Colonial Office regulations,
99-
Colour, Perception of, 177.
Craik, Sir Henry, 40.
Crown Colonies, 97, 106.
Dicey, Mr., 123.
Dreher, 8.
Duttenhofer, Herr von, 20.
Eldon, Lord, 142.
Evolution, 182.
Explosives industry, i8, 19.
France, 65-9.
Frew, Dr., 14.
Geist, 44, 56.
German brewing, 8-10,
13-16.
German commerce, 7, 17.
German education, 10-13,
28, 86.
German educational statis
tics, II.
Germany, Ministry of Edu
cation, 27.
Germany , Teachers in, 7 1 -3.

197

198

Germany, Technical high
schools in, 20, 24, 25, 28,
51-
Germany, Universities of,
20, 27, 28, 70.
Gladstone, Mr., 4, 123.
God, 188-90.
Goethe, 5.
Green, Dr. A. G., 24.
Gymnasien, 12.
Heine, 162, 163.
Hofmann, 22.
Housing question, 39.
Imperial Federation, 37.
Imperialism, 160.
India, 117.
Indigo, 22.
Ireland, 1-4.
Irish University question,
3, 4, 35-
Kant, 163, 168, 194.
Liverpool, 33.
London, 36, 37.
Lords, Houseof,and Money
Bills, 95, 153.
Luther, 162, 163.
Manchester, 33.
May, Sir Erskine, 1 10.
Mosaic cosmogony, 165.
New Zealand, 36.

INDEX
Oxford, 31.

Plato, 31, 194, 195.
Privy Council, 93, 97, 105,
134. 145-
Queen "Victoria, 91.
Real-gymnasien, 12.
Realschulen, 12, 13.
Ribot, M., 66.
Rockefeller, Mr., 63.
Sadler, Mr., 66.
Scottish Education Bill, 56,
57.
Scottish teachers, 74, 75,
77-9, 83.
Scottish Universities, 33,
34, 59, 83-
Sedlmayer, 8.
Selborne, Lord, 117,
Socrates, 166, 195,
South Africa, 115.
Space, 173.
Spatenbrauerei, 8.
Steel production, 7.
Struthers, Mr., 40.
Temperance question, 39.
Todd, Mr., 109.
Transvaal, 3.
Tudors, 91.
Will, 192.

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