The sun. [volume] (New York [N.Y.]) 1833-1916, 1896-03-30
The Constitution of the South African
RepubltC.

One of the most timely and interesting
articles lately published is an account Of
the written Constitutions of the Orange
Free State and of the Transvaal, contributed
by Mr.. JAMES BRYCE, the well-known
author of "The American Commonwealth
to the April number OF the Forum. The
organic law of the Orange Free State may
I've passed over for a moment, in view Of
the superior importance of the Hollander
community on the north of the Vaal
River. Events have caused us to feel a
good deal of curiosity, while at the same
time information has been hitherto almost
unattainable concerning the INTERPOLATION of
the executive, legislative, and judicial de-
lartmcnts of the Government of which
President KRUGER is the head.
Mr.. BRYCE seems to have had before him
a copy of the Grondwet, or fundamental law
ot the South African Republic, adopted in
February, 1858, together with a tolerably
extensive but not perfect record of subse-
Quent amendments and additions. We may
FAY at once that a constitutional amend
lnent can be as a matter of practice passed
] y the Legislature as easily as an ordinary
law, although the constitutionality of this
proceeding is still contested. In this funda-
mental point there is an agreement in the
workings of the Constitutions of the Trans
vaal and of the United Kingdom, both of
which herein differ widely from the Consti-
tuition of the United States and from that
also of the Orange Free State Practically
the legislature of the South African Repub-
lie Is unicameral, all real legislative author
tty being vested in the First Volksraad,
which at present consists of twenty-four
members, who must be over 30 years Of age
and possess landed property. The men,
bsrs are elected for two years, and
one-half retire annually; we may add
that each of the districts into which
the Transvaal is divided returns an equal
number of members. No person of color is
capable of voting or of being voted for, and
only those persons can be elected to the
First Volksraad who are members OF some
Protestant church. By the Grondwet. every
citizen who has reached the age Of 21 en-
joyed the suffrage; but this provision has
by subsequent enactments been greatly re-
stricted in regard to immigrants and the
sons of immigrants; at present no person
coming into the country can obtain full
electoral rights until after a period of
twelve years. The socalled Second Volks-
rasd is not a second chamber in the ordi-
nary sense OF the term, but a mere appen-
dage to the legislature proper. 1t was
never intended TO have substantial power,
but was only IA sham concession to the de-
mands of the Uitlanders, or recent immi-
grants excluded from citizenship,
The administration as we'll as the proposal
OF iaws il intrusted to m Executive Council
consisting of four members besides the
President. The President Is elected for five
years by the whole body OF citizens. In case
of his death, dismissal, or inability TO act,
his functions deYolve on the Oldest member
of the Executive Council until a new cleo
ton takes place. OF the other four men,
bers of the Council, three are chosen by the
FRS Volksraad for terms of years, but one.
the C0nmandant-G General, Is elected by the
voters of the whole republic for an unlimit-
ed time. All, including the President, are
entitled to sit and to advocate ~eas
but not TO vote. in the Volksraad, and be-
tween them they carry on correspondence
with foreign powers and may commute or
repcnl a penal sentence, A sentence OF
death requires unanimous consent, and SO
does IA declaration of war and the publication
OF an ordinance summoning all persons of
military age to serve under the colors. We
should further mention that the President
recommends to the Volksraad persons for
appointment to public posts, and he may
suspend public servants, though for such an