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BIGHTK SBRIBO

VOL. VII

No. 3815 August 18, 1917

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FROM BEGINNING
VOL. COXCI V

CONTENTS

1. The Constitutional Difficulties of Ameri

can Participation. By Lindsay Rogers CONTEMPORARY REVIEW 387 II. On Fifth Avenue in 1917. By Gertrude Kingston

NINETEENTH CENTURY AND AFTER 395 III. Christina's Son. Book II. Chapters IV

and V. By W. M. Lelts. (To be
continued).

402 IV. South America and the War. By Ellinor F. B. Grogan

NATIONAL REVIEW 410 V. The Origin of the Submarine. By J. Joly

BLACKWOOD's MAGAZINE 418 VI. A Job on the Long Farm. By Jane Barlow SATURDAY REVIEW 427 VII. Dickens as a Master of Words. Ву Willoughby Matchett

DICKENSIAN 430 VIII. The World War and the Small States.

By Johan Castberg, President of the
Norwegian Odelsting

CONTEMPORARY REVIEW 434 IX. The Mesopotamian Report

SPECTATOR 437 X. The Americans in France

TIMES 441 XI. Russia's Interest in the War.

By Bernard Shaw

MANCHESTER GUARDIAN 443 XII. Monsieur Joseph

Punch 445 XIII. The Pleasures of Fright

SPECTATOR 446 A PAGE OF VERSE XIV. "Hey! Jock, Are Ye Glad Ye Listed?" By Neil Munro

Blackwood's Magazine 386 xv. The Stronghold. By J. C. Squire

New STATESMAN 386 XVI. Doom of the Zeppelin. By F. C. Owlelt

386 BOOKS AND AUTHORS

448

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Single Copies of THE LIVING AGE, 15 cents

386

"Hey! Jock, Are Ye Glad Ye Listed?Doom of the Zeppelin.

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The Cornal's yonder deid in tartan,

Sinclair's sheuched in Neuve Eglise, Slipped awa' wi' the sodger's fever,

Kinder than ony auld man's disease. Scotland! Scotland! little we're due ye,

Poor employ and a skim-milk board, But youth's a cream that maun be

paid for, We got it reamin', so draw the sword!

Come awa', Jock, and cock your

bonnet! Swing your kilt as best ye can; Auld Dumbarton's Drums are dirlin',

me awa', Jock, and kill your man! Far, far's the cry to Leven Water

Where your fore-folks went to warThey would swap wi' us tomorrow

Even in the Flanders glaur!

DOOM OF THE ZEPPELIN. Poised for an instant, stricken Levia

than tosses and twists and heaves, Then—with a whistling crescendo of

sound, soul-chilling, tumultuous, Like the surging of storm-driven waters

over a desolate shore, Or the riving of forest trees opposed to

the cyclone's sudden wrath, Or the Wail of the Damned borne out

to the marge of the Stygian LakeThe blazing mass plunges and dives

head down thousand yards
plumb through space.

Whispers the wind-
"Justice, men say, is blind"
Say they?

F. C. Owlett

a

Blyth, blyth, and merry was she,

Blyth was she but and ben;

THE CONSTITUTIONAL DIFFICULTIES OF AMERICAN

PARTICIPATION.

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In waging war the United States measures simply indicate the opinions labors under certain difficulties in of the individual members.

Such a addition to those common to all conflict as that of Johnson's time, moredemocracies. These are partly in- over, is rendered the more unthinkable dicated by two famous passages, in by the fact that President Wilson has Bagehot's English Constitution. “The established a measure of control over English Premier,” he writes, “being Congress far greater than anyone of appointed by selection, and being his predecessors was able to achieve. removable at the pleasure of the It is well known that as a writer on preponderant Legislative Assembly, is politics, before his entrance into pubsure to be able to rely on that Assembly. lic life, he considered the Cabinet form If he wants legislation to aid his policy of Government much superior to the he can obtain that legislation; he can Presidential, and strongly urged its carry on that policy. But the American adoption in the United States, alPresident has no similar security. He though with some necessary modiis elected in one way, at one time, and fications on account of the election of Congress (no matter which House) is the chief executive. This opinion was elected in another way, at another probably due, in large part, to his time. The two have nothing to bind study of Bagehot, and since his them together, and, in matter of fact, accession to office, Mr. Wilson, through they continually disagree." At the openly assuming the position of party time Bagehot wrote, Johnson had as well as national executive; through succeeded Lincoln as President, and personal influence with members of there was thus before the author's Congress; through drafting adminiseyes “the most striking instance of tration measures and appealing to the disunion between the President and country for their support; through Congress that has ever yet occurred.” standing out as the ablest man of his

Even to the alarmist this danger is party, and, perhaps, of the country, today hardly visible on the horizon. has been absolutely dominant over In the Senate the Democrats have a Congress. The matters on which he working majority; in the House party has been defeated have been largely of lines are almost evenly divided, and insignificant detail.

More than any the balance of power is held by a other President he has been a Prime handful of Independents; but in the Minister; Congress has been led. This preparation for war, politics will figure will be more and more the case if Mr. only to a very slight extent. There Wilson measures up to his tremendous was no necessity for an avowed truce, responsibilities. The policy with reas was the case in England, since a gard to specific phases of American successful opposition merely means participation in the war will be forthe defeat of a particular measure, mulated by him and his advisers and and the Government remains in of- thrust through Congress. His victory fice, although, perhaps, with its pres- on the Conscription Bill, in overcoming tige somewhat impaired. Nevertheless, a clear majority against it, and in since the entrance of the United favor of trying a call for volunteers, is a States, party lines have been largely signal tribute to his powers of conciliaforgotten, and the votes on particular tory, but effective leadership.

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Without any

Nevertheless, this Conscription Bill, have his way on matters of great prinand other legislation passed by Con- ciple, legislative discretion will be subgress since the declaration of war, stituted on important questions of indicate one of the peculiar difficulties detail. of American participation. The Legis- More dangerous than this, however, lature is jealous of its prerogatives; is the deadly delay. The influence it has frequently chafed under Presi- exerted by the White House on the dential control, and is determined to Capitol is entirely extra-legal, and the assert its authority in as many ways executive is therefore powerless when as possible. Thus the Administration it is desired to hurry Congressional did not get what it desired in certain action. The bill providing for the details of the Conscription Act; the selection of a first increment of 500,000 opinion of Congress was substituted men by compulsion was considered in for the opinion of the military experts. a very dilatory manner. More than Congress, to cite another example, three weeks were required to pass the refused to pass all the measures asked measure through both houses of Conby the administration to punish es- gress; nearly two weeks elapsed before pionage. It was only after a doubtful the congressional “conferees”-repredebate that the President was given sentatives from each House-agreed the power to stop exports to neutral on a compromise measure, and then countries, when, in his judgment, the this had to be repassed. consignments had an ultimate destina- real control of the legislature the Presition in Germany. That a Congress, dent could do no more than argue with organized as the present one,

with no

congressional leaders for speedy action. formal control capable of being exerted The other passage which I wish to by the executive, should within four cite from Bagehot pointed out what weeks pass a declaration of war, and a was to his mind a more serious defect Bond-issue Act, and agree upon the of presidential government; but this, principle of a conscription measure, from present indications, is not likely is for the United States a record-break- to be regretted in the near future. It ing performance. But much time has was a particular merit, he said, that been wasted; the agricultural and a “under a cabinet constitution, at a score of other vital problems, demand sudden emergency this people can Congressional legislation, yet with the choose a ruler for the occasion. It is only extra-constitutional relations be- quite possible, and even likely, that he tween the Executive and the Legisla- would not be ruler before the occature, the former is powerless to force sion. The great qualities, the imperiaction. The separation of powers

ous will, the rapid energy, the eager theory is not likely, as Mr. Bagehot nature fit for a great crisis are not refeared, to result in a conflict, but it quired-are impediments-in common may possibly be responsible for a seri- times.” When Mr. Bagehot's essays ous delay when the honor of the country, were published this inherent power to say nothing of her interests, demands had been used in only one great emeran early decision. English democracy gency—that of the Crimean War and did not suffer from this constitutional the fall of the Aberdeen Ministry; but difficulty. But the American Congress the Cabinet crises since August, 1914, is determined not to be effaced to the afford fine illustrations of this latent exextent that the English Parliament has cellence. Under a presidential governsuffered a diminution of its authority, ment nothing of the kind can take and while the President may ultimately place. “The American Government calls

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