We are also of America, but are not "Americans." While cordial friendship has existed between us and them for over a century, there has also existed an impenetrable barrier of sovereign statehood deep as an abyss and high as heaven, invisible, intangible, but which the honour, the faith, the mutual respect of both nations regard as holy, over which no shodden foot may pass. With them, we, the representatives of the British Empire, hold and will hold against all other states this continent for our common civilization, from the Rio Grande to the North Pole. If we are menaced by the unrepentant forces of central Europe shoulder to shoulder we will face eastward, if by Asians, we will right about and march westward, if by any other common foe we will stand back to back, but never face to face in fratricidal strife. Canada is by birth the child of the United Kingdom, and by association partakes some of the characteristics of our American neighbours, and knows the worth of both, so standing between them and clasping on one side the hand of the United Kingdom and on the other that of the United States, Canada feels in its own heart and transmits the pulsations of kindness and sympathy which at the bottom the one feels for the other, and if at times it happens they are somewhat out of harmony, Canada will thus adjust them into synchrony. And let us hope that in some way the League of Empire Nations may be extended in a larger league which will include the United States. Such a league would not only protect all its members and our Anglo-Canadian Anzac-American civilization against external aggression but command the warring nations to be still. Failing such a league of nations, let us develop and consolidate the Empire, the spirit of which like the pillar of cloud and of fire will lead us into an inheritance of still greater blessing and to an increase of that Government and Peace of which there shall be no end.

"For lo! the kingdoms wax and wane,
They spring to power and pass again,
And ripen to decay;

But Britain sound in hand and heart
Is worthy still to play her part
Today as yesterday.

"Not till her age-long task is o'er,
To Thee, O God, may she restore
The sceptre and the crown.

Nor then shall die; but live anew
In those fair daughter lands which drew
Their life from hers, and shall renew
In them her old renown."

ADDRESS BY RIGHT HONOURABLE VISCOUNT CAVE

OTTAWA, SEPTEMBER 1ST, 1920

Your Excellency, Mr. Chairman, Ladies and Gentlemen:

I should like first to say that I have felt it a great pleasure, as well as an honour, to be invited to attend this meeting of the Canadian Bar Association and to give you an address.

To be on Canadian soil is itself a delight. For me as for most Englishmen-Canada, with her wide spaces, her fertile plains, her lakes and rivers, her people, her history, her romance, has a special appeal. The early struggles of the Canadian settler against wild nature and untamed man; the expansion, first slow and arduous, but afterwards rapid almost beyond belief, of the area under his control; the growth of a small community into a nation destined for greatness, as settlement grew into colony and colony into Dominion; the business enterprises which, with a population relatively small, has produced factories humming with work, agricultural areas bearing grain for the use of the world and great railway systems linking East with West; and, above all, the wise moderation which has blended two races into that union which is strength-that is the story which fills us in the Motherland, not with interest only, but with pride that we and you are members of one Commonwealth.

But if this was our feeling before the War, you can imagine how much deeper and more vibrant the sense of brotherhood has been rendered by that great event. For us the War, in which the very existence of our land and the safety of all that we cared for were at stake, was as the uprooting of our lives, was for the time being the only thing that mattered. Who was with us was as the gods, who was against us was leagued with the powers of evil. And from the beginning to the end Canada was with us heart and soul. The initiative and the decision came from her. In the early days of August, 1914, she offered to send troops. In a few weeks 30,000 of them were on the high seas. Before the War ended they grew towards the half million; and Ypres and Vimy Ridge and many another gallant struggle shewed that Canada had sent us not numbers only but MEN:

They saw with brighter vision
The Empire's direst need;
They came with swift decision
To do the utmost deed;

and the memory of those days and of the burden which we bore and of the victory which we won together will last as long as time.

Let me add that I am glad too to meet so many members of the Canadian Bar. We are not altogether strangers to one another; for at intervals during the last two years I have seemed though bodily present at the sittings of the Privy Council in London, to be living in a Canadian atmosphere. The sturdy combativeness of the corporations of Ontario, the courteous but firm insistence of the Province of Quebec on her rights, will, in an assembly of lawyers, receive nothing but approval; and to me they have brought this great advantage, that through them I have made the acquaintance of many able members of the Canadian Bar whose arguments have persuaded or coerced the Board into giving (as is its custom) the right decision. I am glad indeed to meet them here once more.

In looking around for a subject which we lawyers might discuss together on this occasion I found it dificult wholly to get away from the War, and it occurred to me that it might interest you if, for a short time, I dwelt on some of the legal aspects of that event, and that such a review might even be of some use for future reference. As a Law Officer in the early part of the War, and afterwards until the Armistice was signed as Secretary of State, I saw the War under many aspects more or less closely connected with our profession, and I propose to speak of some of them, taking care, first to avoid telling any secrets which ought not to be told, though there are few of these left, and secondly, to keep away from ground which was covered in so interesting a fashion by my noble friend, Lord Finlay, last year.

And first, as a lawyer, I cannot resist the temptation to say something of the part which our lawyers, whether solicitors, barristers or judges, bore in the War. I do not refer only to their share in the fighting, which was splendid. Every man who could go went; and if their practice went to pieces and for good, they let it go. Many, very many, gladly gave their lives; and to them may fitly be applied that stirring sentence uttered by Rudyard Kipling in his address to the Edinburgh students:

"They willingly left the unachieved purpose of their lives in order that all life might not be wrenched from its purpose, and without fear they turned from the open gates of learning to those of the grave."

But those whose hard lot it was to stay behind were eager to make their contribution too. The Inns of Court Volunteers (familiarly referred to as the "Devil's Own") became an Officers' Training Corps and I believe that over 5,000 officers were trained at their headquarters.

Of our judges, Lord Haldane put his trained intelligence and his experience of military organization at the disposal of the War Office, Lord Moulton gave his great scientific knowledge and organizing power to the study and manufacture of explosives,

Lord Sumner rendered invaluable service on the Reparation Commission, Lord Sterndale was Chairman of the Dardanelles Commission, Sir Henry Duke presided over the Compensation tribunal which was known by his name, Lord Justice Younger over a Committee dealing with prisoners of war, and Mr. Justice Sankey over Committees on aliens and on the mines. The other judges and lawyers above military age who undertook like duties for war purposes, many of them arduous and irksome and (so far as the public were concerned) largely unknown and unrecognized-cannot be counted; and indeed you could not, in those days, enter a Government office in London without running into some distinguished jurist who was quietly but strenuously working there for his country. No doubt your experience here was the same and I think that our profession has no reason to be ashamed of its part in the organization of the Empire for War.

In the next place let me refer to the War Emergency legislation in Great Britain. It ran into volumes, which will form a mine of information for the historians. The long chain of statutes, Order in Council, regulations and Proclamations shows how large a part the legal armoury played in the conflict.

Of the Military Service Acts and their attendant Orders I need not speak to you at length, for you were prompt and resolute in adopting that compulsion of military service which we adopted just in time and without which the War must have been lost. Of course there were doubtful problems and hard cases. Among the former was the competition between the Army Council, who naturally wanted the best men for military purposes, and the Ministry of Munitions and other Government Departments, who, quite as naturally, objected to have the munition factories, the mines and the farms denuded of their best hands. Ultimately the decision was entrusted to a Ministry of National Service; and in case of serious dispute, the Cabinet decided. Among the hard cases were those of the one man business which (it was said) would perish if the owner went to the War and the widow's son, his mother's sole support. Such questions as these too difficult and poignant to be solved by general administrative rules, were left to the discretion of voluntary local tribunals, which (with some notorious exceptions) did their work fairly and firmly. I am not sure whether that strange being, the Conscientious Objector, emerged in any force here. He was ever with us and, while I was at the Home Office, he was among the most difficult of our problems. On the one hand, there was the statutory imperative to serve based on clear duty and the national need, and, on the other, the plea of the individual-often genuine though quite unintelligible to the plain man-that while bis own home was in dire peril his conscience bade him leave to others the task of defending it. The claims to exemption on conscientious grounds were dealt with by the local tribunals;

but there followed the more difficult problem, how to deal with men who had failed to satisfy the tribunals that they were genuine Conscientious Objectors but who still refused on the plea of conscience to conform to military discipline. For a time it was left to the military authorities to enforce the law, but the question soon arose whether the extreme penalty of death, the ultimate sanction of military discipline, should be exacted, and this was determined in the negative. From that time offenders of this class were handed over to be dealt with by the civil arm, and went to prison, where many of them by hunger striking and otherwise gave us as much trouble as they could. We got through somehow; but if (which God forbid) War on a great scale should break out again, this problem will have to be faced from the beginning and solved on clear lines.

In the same unhappy contingency, another and a different question connected with compulsory service will also require timely consideration. Was it right that, while our soldiers bore the burden of the trenches and hazarded life and limb in the firing line upon a mere subsistence allowance, those who remained at home for the purpose (no doubt equally indispensable) of making munitions and performing other works of national importance, should be allowed to exact a large and constantly increasing wage? The conception of compulsory national (as distinct from military) service did not take shape with us until we were approaching the end of the War; but our successors may wonder why this generation failed to evolve some scheme which would have put he soldier and the home worker upon more equal terms.

Now let me say something about another form of Emergency Legislation-The Defence of the Realm Acts, sometimes compendiously referred to under their initials as D.O.R.A. or more affectionately as DORA. DORA has been the butt of much harmless humour, but I often wonder where we should have been without her. The first Defence of the Realm Act authorized His Majesty in Council to make regulations "for securing the public safety and the defence of the Realm"; and provision was made for the summary punishment of offences against the regulations so made. The Orders in Council made under these statutes were numerous-I think they numbered about 100-but of course they were consolidated from time to time-and they covered in time almost the whole area of action in the United Kingdom calculated to help or impede us in the War. The regulations were not confined to matters immediately connected with defence and national safety, such as the acquisition of property required for defence against invasion or for the manufacture of munitions, the protection of naval, military and munition areas against undue curiosity, the supply of information to the enemy, the control of persons of hostile origin or associations