The sun., 1906-12-27
The TransvasI Cons titution.

The Transvaal Constitution.
We have before us the text of the Let
ters Patent establishing a constitution
for the Transvaal, which fills a page Of
the London Times The main features
Of n, which may be set forth in a few
paragraphs, show that although but
few years have elapsed since the South
African war, the Liberal Government Of
Great Britain has resolved to treat the
Beers with the same generosity and con-
fidence with which Lord DURHAM ad-
vised that the French Canadians should
be treated after PAPINEAU's rebellion.
What may be called the Transvaal
Parliament will, after the fashion Of most
national legislatures, be bi-camersl. The
upper house, or Legislative Council, will
consist Of fifteen members, who must be
at least thirty years old, voters, and at
least three years resident in the colony.
The first Councillors viii be appointed,
and win sit for FIVE years, but after four
years a law may be passed making the
Council elective. By way OF precaution
against the thwarting Of the viii OF a
large majority in the lower house by the
upper house II Is provided that in case
Of disagreement between the two cham
bers a joint sitting Of both may pass
legislation by a majority. There are
limits, however, to the law making power
Of even a majority Of both houses. The
Transvaal Constitution directs the Gov
ernor to reserve for consideration by
the Home Government laws that pro-
pose to put disabilities on non-Europeans,
or to alter the provisions Of the fJnda-
mental Letters Patent, or to permit the
introduction Of servile labor. In order
that the coolie question may soon be
definitely settled, it is provided that no
fresh labor importation license shall be
issued, that no existing contract with
imported laborers shall be renewed, and
that the Importation Ordinance OF 1904
shall be repealed within one year of the
meeting of the Legislature.
The lower house, or Legislative As
sembly. will have sixty-nine members,
distributed as follows: The Witwaters-
rand district will have thirty-four; the
Pretoria urban district six, and the
remaining districts twenty-nine. The
basis of the electoral system is to be
manhood suffrage; that is to say, not
only all Boer adult males. but all British
white males over p, resident in the
colony for six months before the framing
of the register, may exercise the fran
chise, only British soldiers belonging to
the regular army being excluded. Had
the Legislature Of the South African
Republic made a similar concession in
respect OF race and residence, the Jame-
son raid and the subsequent war would
not have occurred We should note,
likewise. that the voting is to be by bal
lot, that the registration is TO be biennial,
and that after every alternate registra-
tion, that is to say, every four years, the
seats are to be redistributed. In view
Of the last named provision il may be
asked whether Beers or Britons are
likely, in the end, TO be numerically pre-
ponderant. The answer to the question
depends upon whether the superior Boer
birth rate can Offset the continual inflow
of emigrants from the British Isles.
We should observe, further, that the
Speaker of the Legislative Assembly
must vacate his seat after being chosen
for the function of presiding officer. The
debates are to be in Dutch and English:
we scarcely peed say that for such BIZ
lingual discussion there are Swiss and
Canadian precedents. The members are
to be paid $3.50 a session, besides $40 for
every day Of attendance, but in no in
stance must the total exceed 81, 500. The
statutory term of the Assembly is five
years, but the Governor may dissolve
when he thinks fit. This concession of
the power Of dissolution is proper enough
in the case Of the Transvaal. because the
principle Of Ministerial accountability
to q majority Of the popular chamber
is recognized. There are to be six Min
listers, who, unlike British Ministers, will
not vacate their seats on appointment; /;
like French Ministers, they may sit and
speak in both houses, but may vote only
in the chamber OF which they are men,
bers. Money bills must originate in the
Assembly. The upper house, or Legis-
lative Council, may reject, but not alter
them; IL cannot, like our Senate, concur
with amendments. A tax bill must be
first recommended to the Assembly by
Governors message. though, Of course,
it will be left to the Assembly to frame
the measure. The interests Of the Kaffirs
are conserved not only by the stipulation
that laws putting disabilities on non
Europeans must receive the sanction OF
the Home Government, but also by the