New-York tribune., 1902-06-14

Others have silently melted into the blue; some
still hang on the horizon. The republic lafeu
far otherwise than Hamilton feared and hopeu-
Some of the dangers he and his frienuS Wv
came so compile ely, such as the nnahcldl ms
doings of State legislatures. that they nave
passed out of mind. They could not 1oresee
what the power of money would become VI
the astonishing development OF party rlachili- r
erv. If he were writing to-day De Tocquevihe
would stand aghast at the corruption OF ci'H
governments: would recognize the evils OF re-
sardfng public office as a means OF private ad-
vantage and the bestowal of il reward 1oT
party services and would note the new deVel-
opment which the spirit of faction has taken IN
the tendency to deal with legislation and Tor
eign affairs from the point Of view Of party ad-
vantage.
Two essays that are of immediate and peculiar
interest deal respectively with the consutu-
tions of the two South African republlcs ana
of the new Australian Commonwealth III
adopting their constitution. the Australians foi-
lowed the example of the United States in leav-
ing the unalIotted residue of powers to the
States. There are a number of remarkable dl-
vergences from the American system. Ihe
Australians have given their Parliament power
to invest the State courts with federal Jurlsdlc-
tion allowing them to be both state ana leu
eral also allowing appeal from all state cour'S
to the Federal High Court. An amendment 10
the American constitution prohibits the suing
of a State by a private plaintif IN OfhIeu
States courts, while Australia expressly grants
jurisdiction in such cases to the High court a
third pont relates to the curious and novel
power given TO a State of referring matters TO
the Commonwealth Parliament, and to that Par
lament of thereupon legislating such mat
ters There is thus no department of State law
with which the national Parliament may not pe
rendered competent to deal. And finally the
Commonwealth Parliament may grant financial
assistance to any State. and may take over the
whole or part of its debts existing at the es-
tablishment of the constitution. Unlike the
American principle. the Australian leaves the
Parliament unfettered save by the direction
that money shall not be appropriated TO any
purpose that has not been recommended by the
executive There are remarkable variations in
the Australian legislature from the American
practice Each newly admitted State shall have
not a fixed number Of Senators, but such
number the Commonwealth shall alot; Sen
ators are elected by the people for six years
and the Senate may be dissolved in case OF
deadlock between il and.the House The house
is elected for three years subject also to dlsso-
luton. The number of members of the House
is always TO be double that OF the Senate. A
minister Of the commonwealth or Of State may
sit in either house; and it would appear. as
Mr.. Bryce puts il. that women are eligible to
membership in either house.
The executive. ito the great convenience Of
the Australian people" is the Governor Gen
eral a constitutional figurehead. nominated by
the British crown. The ministers. who must be
members OF one or the other house of Parlia-
ment constitute the real ruling executive. The
judiciary with the exception just noted, fol-
lows in the main the American model. nr
Bryce's study Of the newest Of the worlds con-
stitutions convinces him of its thoroughly demo-
cratic character:
The Australian instrument is the true child
of its era the latest birth of Time Compared
with it. the American constitution seems old
fashioned. and parts Of the Swiss constitution
positively archaic Ideas and enterprises. prob
lens and proposals, new that they are only
just beginning to be seriously discussed figure
in It. As in these points the constitution
is at least abreast of European and American
theory, so also ii represents the high water
mark of popular government. 1t Is penetrated
by the spirit of democracy
In his opinion, the tendency in Australia Is
likely to be rather toward consolidation than
toward relaxation of the federal bond. But
there is a factor still unpredictable. the rela-
tions between Australia together with the Brit
ish Empire generally. and the other powers in
terested in the Western Pacific.