THE Constitution of the Channel Islands has already been more than once referred to in the historical chapters of this volume; but it still remains to give a distinct account of so curious and interesting a subject, and also of the present state of the law in the islands, so far as it involves special peculiarities. To the present Bailiff of Guernsey the author is indebted, not only for many valuable hints and suggestions, but for pointing out

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many sources of information. It is impossible to acknowledge too warmly the assistance cheerfully given by this gentleman.*

For all constitutional, political, ecclesiastical, and law purposes, the Channel Islands are divided into two groups. Jersey alone constitutes one of these, and Guernsey, Alderney, and Sark, together with Herm and the smaller islands adjacent, composing what is called "the Bailiwick of Guernsey," make up the other. The Chaussey Islands are governed entirely from France, and so far as we are aware, they possess no peculiar privileges.

Starting, no doubt, from similar institutions, it is singular to observe how widely the two principal islands have diverged. Each, it is true, has its Lieutenant-governor, its Bailiff or Judge, its Dean or local ecclesiastical superior, its States' Assembly, and its Royal Court; but the rights and privileges of the principal officers and assemblies vary exceedingly, and that not only in modern times, but from a very early period. In both islands the Governor was originally supreme in the exercise of the ancient crown rights; but in Jersey he had much more civil jurisdiction than in Guernsey. The lieutenant-governor still claims these rights. In the time of Queen Elizabeth, the orders, laws, and ordinances then enacted secured arbitrary power to the governor, by bringing every appointment in the states under his influence; but these powers were afterwards greatly reduced, and the position of the Bailiff improved in a corresponding degree. It is not very long since the appointment of a permanent governor has ceased, and the rights and customs of the States in both islands have from time to time, up to a very recent date, undergone modification.

* To Peter Jeremie, Esq., the Queen's Contrôle in Guernsey, the Author has also to acknowledge obligations for assistance in this chapter.

+ Alderney and Sark, although intimately connected with Guernsey in their government, have separate legal existence. Herm and Jethou are deemed to be included in Guernsey.

With regard to the so-called charter of King John, sufficient has already been said in Chapter XV. The documents, if so they can be called, that refer to it, are valueless and unmeaning.

The origin of the "States" in both islands is extremely obscure and doubtful, and cannot be traced with any satisfaction beyond the middle ages. Hugo, in his "Normandie Inconnue," supposes that they were first established by Mauleverer while Jersey was in the hands of the French in the fifteenth century, and it is not easy to negative this direct evidence. Even so lately as the time of Queen Elizabeth, there is nothing very clear about them, mention being then made of the States chiefly when money was to be raised. In such cases, the Court seems to have collected a sort of representative authority round it, in order to give weight to the measures advised or adopted.

In the beginning of the reign of James I., the States were remodelled, and they have existed nearly in their present form since the commencement of the seventeenth century. Taking this as the starting point, there does not seem to be any important position once occupied, in which they can be said to have lost any part of their independence, or fallen under the control of the court. They have undergone sundry reforms in their composition during the present century, chiefly in 1844.

The general idea of the States as a body originating money grants, and regulating affairs, must certainly have come from France, and in Guernsey they have always had the power of raising money by assessment, or voie de taxe. Their composition, which differs in the two islands, will be described presently. It is partly elective, and that in a double sense. It is also partly by appointment of the Crown. So far as it is elective, the basis of the suffrage. is simply the payment of a rate. Every one who pays a rate, has a voice of some sort in the government of his island.

The ratepayers, denominated in Guernsey chefs-de-famille, elect the douzaine or dozen, originally so called from the number

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of the representatives. Guernsey, now elects twenty douzaniers, called the central douzaine; and there are four cantons or divisions of the town parish, each of which has its cantonal douzaine of twelve. In the Vale parish, the douzaine consists of sixteen members, and in the other country parishes of twelve each. The town parish, containing a population about equal to that of the rest of the island, is not therefore over represented.

The town parish of St. Peter Port,

The douzanier is the conservator of parish rights, and the assessor and regulator of the parochial expenditure. elected for life.

He is

The douzaines of Guernsey, since the year 1844, are represented in the states by deputies, who are delegates rather than representatives.

In Jersey, the parishes are divided into vingtaines, each of whom elects from two to seven officers, called vingteniers. Each parish has also two centeniers, except St. Helier's, where there are six, and each elects one constable, who represents his parish in the States.

There are also in Jersey fourteen deputies appointed under a law passed in 1856, whose functions are confined to the Legislative Assembly. They are elected in the same manner as the constables, the term of office being three years. St. Helier's elects three, and each other parish one deputy.*

*It may be well to give here in the form of a note the following brief notice of the parochial officers in the various islands. Those of Guernsey are in addition to the douzaniers alluded to in the text.

In Guernsey two constables are elected by the ratepayers for each douzaine. They are elected for a year, and the senior acts as chairman or president of the douzaine. Their office is a somewhat higher one than the name implies, and until the year 1844 they held an important position in the States, representing the douzaine by virtue of their office. This is now done by the special delegate.

In the town parish of St. Peter Port the central douzaine has for some years past appointed four assistant constables, whose office nearly coincides with that of constable in England.

With the election of the douzaine, the constables, and the deputies of Guernsey, the double element, or that which is at the same time both popular and direct, ends. There are, indeed, other popular elements in the Guernsey Constitution, but they are popular in an indirect manner only. They are popular, and they are based on as broad a bottom as the most extreme admirer of the constitutional pyramid could wish; but the popular element passes through a medium. This means, that, in some shape or other, there is a double election. Thus the Jurats of Guernsey are elected by a mixed assembly, partly popular. In Jersey the Jurats are elected entirely by the people.

An islander, who over-approves of this kind of suffrage, should distrust his own judgment. It is one of the elements of his constitution, and he admires it as such. So should a Norwegian or a Prussian. So should the citizens of many other continental states. It is part of the system to which they are brought up, and which they uphold accordingly. An Englishman, on the other hand, should distrust his judgment when he over-hastily condemns it. It is essentially foreign to all his notions of the prerogatives of his own constitution; and it has rarely, in England, when suggested as an innovation for ourselves, or noticed as an element in foreign constitutions, been mentioned except as to be objected to.

It may exist in more forms than one. It may exist, as in the two countries just mentioned, where, whenever the parliament

In Jersey the management of the affairs of the parishes is committed to officers bearing the names of Constable, Centeniers and Vingteniers respectively. There are also a number of constable's officers in each parish. The constable is the highest officer of the parish. There is a Vingtenier militaire in each parish.

In Alderney there is one douzaine of twelve members, and in Sark there is one Vingtonnier. The president of the douzaine of Alderney is called the Dean.

In Jersey there are officers called "Procureurs du bien public;" in Guernsey and Alderney "Procureurs des pauvres." These officers, as their names import, correspond with the overseers in English parishes. Each parish in all the islands has two churchwardens and a deputy registrar, who is usually the schoolmaster.