The morning call., 1891-05-19
THE NEW COMMONWEALTH.

Some reference was made in THE CALL to
the proposed Constitution of Australia at
the time that instrument was reported to the
Constitutional Convention. We now notice
that the draft of the Constitution was
adopted on April 9th, and machinery was
put in shape for its submission to the sew
eral colonies, which are henceforth ID be
known as States. Its trainers had no such
difficulties to contend against as beSet the
trainers of the Constitution Of the United
States. They had two models to work by.
But still, IN view of the undeveloped posi-
bilities of the future of Australia, the in
stTument must be regarded as important.
The first point that strikes the reader OF
the new Constitution is the eloseness with
which it follows the British North Ameri-
can act OF 1861, under which the Dominion
Of Canada was created. The trainers Of
that act had nothing to guide them bat the
C0nstitu ion of the United States; but in
order to maintain the connection Of the colo
MES with Great Britain, they felt in duty
bound to deny to the Canadian people all
rights of self-g0vernmeHt which seemed TO
clash with the Omu pOtence of imperial au-
thoTity. Thus the chief magistrate, instead
of being elected by the people, is appointed
by the Queen, and he appoints the Judges.
He may veto any act of the Dominion Par
lament, and no money bill can be intro
duced Unless it is recommended by him. a
veto by the Governor cannot be OyerTidden
by any vote whatsoever in Parliament. No
act Of the British Parliament referring to
the Dominion can be revoked by the Do
minion Parliament. These were some Of
the provisions by which il was sought TO
reconcile representative government in
Canada with the Queens absolute authority
over her subjects n the colonies"
Turning now to the Constitution of Aus
tralia We find the act of 1867 closely fol-
lowed. All executive power is vested in a
GOvernOr-GeneTal appointed by the Queen,
but paid by Australia. He may hold a bill
under consideration for two years, and at
any time during this period he may veto it
in the name of the Queen. No appropria-
ton or taxation bill can be introduced into
Parliament except in compliance with a
message from toe Governor He is to be
COmmander-in-Chief of the military and
naval forces. lie does not appoint the
judges of the Supreme Court, as In Canada
and in this country. They are to be chosen
by Parliament. 1t does not appear, how
with power to pass upon the constitutional
ity of acts of Parliament, as in this coun-
try. In this respect the English rule is
adhered to, and an act of Parliament has
fun force of law till it is repealed In one
curious particular the doctrine of the Con-
stitutlOn Of the United States is preferred
to that Of the Canadian act The latter pro-
Vides that all powers not expressly dele
gated to the Provincial Legislatures pertain
to the Dominion Parliament. Our Consti-
tuition, in the tenth amend ment, provides
that mowers not delegated to the United
States by the Constitution nor prohibited
by il to the States are reserved to the States
respectively. or to the people," And the
Australian Constitution declares that 1.-THE
States are to retain all the powers which they
at present possess with the exception Of
those expressly delegated to the Federal
Parliament" BY way Of compensation it
is further provided that where the law of
a State is inconsistent with the law of the
commonwealth the latter is to prevail"
This relieves the confederation of all con-
trOversy over State rights.
The new Constitution will not 90 into
effect until it has been ratified by at least
three States. and has been approved by the
Queen in Priyy Council The civilized
world would watch the course of the voting
In Australia with more interest if the new
instrument con attained more evidence Of
progress in political science. There was a
hope that the Australians, who are so far
removed from the prejudices and super
stitions of the Old World, would strike out
a new path and give roof of advanced
thought there were persons in this country
who cherished belief that they might i'm
prove upon our example. That hope and
that belief are disappointed. The Consti-
tuition of the new commonwealth has a
musty flavor of antiquity which suggests
the idea that the spirit Of Lord North
brooded over the councils in which it was
framed, and that the Australians are so
conscious of weakness that they dare not
go out in the dark. II is not in cOmmuni-
ties which are still in monarchial swaddling-
clothes that human progress finds home,
nor will any people rise to the height of a
nation SO long as they entrust their purse,
their sword and their liberties to a hired
foreigner, and permit another foreigner
who lives 10000 miles away to veto the laws
under which thew live