New-York tribune., 1900-05-07
AUSTRALIA AND THE EMPIRE.

Australian union and Imperial federation
have come into some degree of conflict, and 1t
is still open question which will prove to be
the stronger. Such is the situation ind-
Gated by our London correspondent 1t will
be recalled that the Australian colonies last
year decided to unite in Commonwealth of
Australia. They adopted constitution and
perfected their union, save for the formal
approval of it by the Imperial Parliament and
Crown. Their scheme of union has been laid
before the Imperial Government, and it has been
intmated that it would have to be approved or
rejected as it stands, without amendment. But
now our correspondent tells us an effort is
being made to amend it, and that in respect to
a matter upon which the Australians have hith-
erto been great stickers. year ago the pro-
posed amendment would have been rejected by
Australia without hesitation. Now it may per-
haps be accepted; for which "OOm Paul" is to
be thanked.
The point in question is that of appeal to the
Privy Council in London in cases of constitu-
tiOnal law. In the Dominion of Canada such
appeal is expressly provided for. But the Aus
tralian constitution makers, who in some other
important particulars went just contrary to the
Canadian precedent. deliberately and purpOsely
omitted such provision, intending that there
should be such appeal but that the Supreme
Court of Australia should be indeed supreme.
In that respect, Mr.. Ford tells us, the constitu-
tion is to be amended, not a concession to
Great Britain, but a safeguard Of the British
Empire. The British Constitution itself will
also be changed The Judicial Committee of
the Privy Council will give place to an Imperial
Court of Appeals upon the bench of which not
only Great Britain, but Canada, Australia, South
Africa and India will be represented.
IT is TINS that colonial uniOD is 10 he dOmi-
mated by Imperial federation. the former at the
same time promoting and facilitating the latter
The colonies are to form dOminionS and COM
monwealths as federated parts of the Empire
and according to a congruous and harmonious
Imperial system, which comprises the supreme
Judiciary well the Crown. AS we have
said a year ago such thing would have been
out of the question. In the first place Great
Britain would probably not then have asked for
such an amendment. and, if she had, it would
have been for such provision as Canada's
with reference simply to the Privy Council
But if she had asked ii Australia would in all
probability have refused it. and. rather than
grant it, would have abandoned her scheme of
union 1t is by no means certain that Australia
will grant it. Her delegates are obviously
reluctant to do so. But they consider the matte
to be proper for discussion. and it is by
no means improbable that in the end they and
their constituents will gracefully yield to the
Imperial idea. If so the vast change on
both sides will have been caused by the
South African war. That is the first war
this generation has known which has been
waged for the defence of the Empire. In
it Australians have fought side by side with
Englishmen and Irishmen and Seotchmen. In
these last six months the colonies have been
made to realize their blood bond with the En-
pire as they were not made to in sixty years
before. They must all stand or fall together
And as they are fighting together in the field for
common preservation, they will agree to stand
together hereafter in peace, in practical and
benefcent Imperial federation