The sun. [volume] (New York [N.Y.]) 1833-1916, 1896-03-30

act he II accountable 20 the legislature.
The judiciary originally consisted OF magis-
trates, local assessors, and jurors, to which
has been subsequently added a Supreme
Court, consisting OF a Chief Justice and
four puisne Judges. The guarantee for
the independence Of the courts lies in
the declaration OF the Constitution that the
judicial officers are to be free and indie
PENDENT Of the executive.
Mr.. BRYCE points put some ~ the main
features In which the South African scheme
OF government differs from that OF Great
Britain on the one hand aud from the
United States Constitution on the other. In
the first place, the head of the executive in
the Transvaal Is chosen directly by the
people, whereas in the United Kingdom
and its colonies the Ministry Is virtually
chosen by the Legislature, though nominal
ly by the Crown or its local representative.
In South Africa the Presidents council
need not consist OF persons in agreement
with his views Of policy; they may even lie
hostile to him. 1t cannot, as under the
British system, DO dismissed by n vote of
the legislature, nor, on the other hand, has
1t the power Of dissolving the Legislature.
Again, in South Africa the nominal head Is
also the real and acting executive head,
whereas in the British system n responsible
Ministry Is interposed between the nominal
head and the legislature. Now for a com
parison with the state Of things under our
Federal Constitution. 1t is obvious that the
Presidento Of the South African Republic has
far less power and far less independence
than a President Of the United States. He
IAo 80 ,yntN D, anNu 80 Nha 1aniaIatt, = nd
much less patronage at his disposal; he can
recommend persons for public offices and he
signs the documents appointing them, but
the appointment itself seems to be regarded
as the act Of the Volksraad. Moreover, the
President Of the United States has a Cabinet
Of advisers whom he has himself selected,
whereas q President Of the Transvaal may
have an Executive Council of opponents
forced on him by the legislature. 1t is
true that, under the South African system,
the head of the working executive can speak
in the Legislature, n privilege OF which the
President Of the United States does not now
avail himself, although there is nothing in
the Constitution to prevent him, and, as a
matter Of fact, the privilege was exercised
by WASHINGTON. In spite Of this privilege,
a one-chamber legislature would evidently
be in theory much stronger against the ex-
ecutive than the two legislative chambers in
the United States, which, when they differ
in opinion, may be played off one against
the other.
One would expect a Constitution like that
OF the South African Republic to result in
the practical placement of the executive
and the virtual omnipotence Of the repre-
sentative assembly. AS q matter of fact,
however, the legislature has not become
the predominant power. Not only the
present executive, President KRUGER, who
since 1881 has been twice reelected, but
also his predecessors, President BURGERS
and President PREToRIUs, have been the
ruling forces in the politics of their coun-
try, thus showing how the qualities Of in
dividual men may prevail over the natural
trend of the constitutional machinery of
government.