This highly democratic character of their Constitution has been fully

appreciated by Australian statesmen. The effusiveness with which they

dwell upon it is probably more sincere than even that which is displayed

by politicians in England, America, or France, when they chant the

praises of the multitude. Australians are as sanguine in their temper

now as Americans were in the days before the clouds of Slavery and

Secession had begun to darken their sky.

XXII. POLITICAL PARTY IN AUSTRALIA.

Although the Constitution says no word about political parties, the fact

that it contemplates a party system is written over it in bold

characters. The sages of the Philadelphia Convention of 1787 neither

intended nor expected that the scheme they devised would fall into the

hands of parties. Indeed they had a touching faith, dispelled as soon as

Washington retired from the scene, that the electors who were to be

chosen to elect the President would select the best man in the nation

irrespective of his political ties. The Swiss, strange as it may seem to

men of English or Anglo-American race, have succeeded in keeping their

Executive, elected though it is by the Chambers, out of party politics

altogether, nor do parties dominate the legislature and colour the

public life of the nation as in America and England. But Government of

the English ‘Cabinet type’ is essentially party Government, that is to

say, it has been so hitherto both in England and wherever else it has

been tried, and no one has yet shown how it can be made to work

otherwise.

In America the great parties are younger than the Constitution, which

may be said to have created them. In England they are older than Cabinet

Government proper, being practically contemporaneous in their rise with

that very rudimentary form of the Cabinet which began to emerge in the

time of King Charles II. In Australia every colony has had such active

and skilfully-organized parties that no one doubts but what the Federal

Legislature will find its first Ministry forthwith provided with a

competent Opposition. It is generally believed that the tariff will

furnish the first, and for some time the main, ground of party division,

for the new Government must begin by providing itself with an adequate

revenue; the chief part of that revenue must be raised by indirect

taxation, and the issue of Free Trade _versus_ Protection has for years

past been a burning one in the largest Colonies.

I have observed that the Australian scheme contemplates a party system

to work it. But what sort of a party system? Obviously one in which

there are two parties only, each cohesive, each prepared to replace its

antagonist in the Executive. Such was the party system of England till

the present generation. Such has been the party system of the United

States. Exceptions indeed there have been, such as the Know-Nothing

party in 1852, the Greenback party in 1876, the Populist party which

arose in 1889, and is not quite extinct now (February 1901). In the

United States the power of the two great organizations is so vast, and

the cost of creating a new party so deterrent, that a third organization

seldom appears, and if it appears, presently disappears. But in France

there have been and are several parliamentary groups, which frequently

change their attitude towards one another, sometimes combining to

support a Ministry, sometimes falling asunder and leaving it to perish,

because one group alone was not sufficient to sustain it. Hence the

lives of Cabinets have been short, and would have been still shorter but

for the fact that an imminent peril to republican government itself has

sometimes compelled the various republican groups to hold together. In

Britain the same difficulty became acute from 1880 onwards, as the Irish

Nationalists consolidated themselves in a distinct Third Party; and it

may at any moment create serious embarrassment. It exists in Germany

also, and in the Reichsrath of the Austrian half of the Austro-Hungarian

Monarchy. Now in several of the Australian Colonial Parliaments a Labour

party has recently arisen, which, keeping itself independent of the two

older parties, can throw its weight on one or the other side and

endanger the stability of Cabinets. Should this phenomenon reappear in

the Parliament of the Commonwealth, it will complicate still further a

position which the co-ordinate powers of Senate and House make

complicated enough already[233].

-----

Footnote 233:

Since these lines were written, the phenomenon has reappeared, for at

the first elections, held in the spring of 1901, of the Senate and

House, the Labour party obtained more than one-fifth of the seats in

each House.

-----

XXIII. POLITICAL ISSUES LIKELY TO ARISE

IN AUSTRALIA.

The mention of parties suggests another question, the last I shall

attempt to discuss, viz. the lines on which the political life of

Australia is likely to move under her new Constitution. It is a topic on

which little will be said by any one who remembers how seldom great

constitutional changes have been followed by the results prophesied at

the time. The Reform Bill of 1832 in Britain, the Civil War in the

United States, the union of Italy under the dynasty of Savoy, not to

speak of the French Revolutions of 1789 and 1848, all brought forth

fruits very different from those predicted by some of the most judicious

and unbiassed contemporary observers. Even the extension of the suffrage

and redistribution of seats effected in Britain in 1884-5 were followed

by a shifting of the balance of party strength exactly the opposite of

that which the shrewdest party politicians had expected. But without

attempting forecasts, one may try to indicate certain conditions likely

to affect the development of Australian national and political life

under the new form which this Constitution gives it.

First let us ask what are the controversies likely to occupy the nation

and to supply a basis for national parties?

Taking one country with another, it will be found that the questions on

which men have grouped themselves into parties may be classed under five

heads, viz.:—

1. Questions of Race, such as those which have contributed to distract

Ireland, which to-day trouble the Austrian Monarchy and (as respects the

Poles) the Prussian Monarchy, which exist, though at present not acute,

in Canada, and which are painfully acute in South Africa.

2. Questions of religion, now generally less formidable than they once

were, yet embittering disputes regarding education in many modern

countries.

3. Questions relating to foreign policy, whether as to the general lines

on which it should be conducted, or as to the attitude to be held

towards particular States at any given moment.

4. Questions regarding the distribution of political power within the

nation itself.

5. Questions of an economic or economico-social kind, _e.g._ regarding

the disposal of land in public hands or its tenure in private hands,

regarding the conditions of labour, regarding taxation and finance, the

policy of Protection or Free Trade, the policy of progressive imposts,

the propriety of assisting particular industries or particular classes

out of public funds, whether national or local. Some of these may seem

to be rather social than economic, but it will be found upon scrutiny

that it is their economic aspect, _i.e._ their tendency to take money

from or give money to some class in the community, that makes them bases

for party combination. A purely social question seldom assumes great

political significance.

(1, 2) Applying this classification to Australia we shall find that the

first two sets of questions are absent. All the people are of

practically the same race. None are animated by any religious passion,

although controversies have sometimes arisen over theological teaching

in State schools.

(3) Questions of foreign policy do not, strictly speaking, come within

the scope of the Commonwealth Parliament, because they belong to the

mother country. Nevertheless, it cannot be doubted that the Parliament

will from time to time interest itself in them, especially as regards

the isles of the Pacific and of the Eastern Archipelago, and will give

forcible expression to its views should any crisis arrive. One can well

imagine that the question of the attitude which the Commonwealth should

assume, or urge the mother country to assume, towards Germany or France,

or Holland, or even towards China or Japan or the United States, when

any of these Powers may be taking action in the Western Pacific, might

give rise to political contention.

(4) As respects the distribution of political power and the structure of

the Federal Government, Australia is so democratic already that it

cannot go much further. It will doubtless, however, be proposed to

extend to women in all the States that right of voting at Commonwealth

elections which they already enjoy in South Australia and Western

Australia, under the local law, or to apply more widely the institution

of the direct popular vote; or to amend the Constitution in some point

which will raise an issue between the more radical and the more

conservative sections of opinion. That questions of constitutional

amendment have played so small a part in American politics may be

attributed to the extreme difficulty of securing the majorities required

for altering the Constitution. In Australia the process will be far

easier. The history of the United States during the first seventy years

of the Constitution suggests that the question of the respective rights

of the Federation and of the States may furnish a prominent and

persistent issue. This is quite possible, for in Federations there is a

tendency for many controversies of various kinds to connect themselves

with, or to raise afresh, controversies regarding the true construction

of the Federal instrument as respects the powers which it assigns to the

Nation and to the component communities.

(5) It is however questions of the economic order that are likely to

occupy, more than any others, the minds and energies of Australian

statesmen. The tariff is a practically inexhaustible topic, because

apart from the general issue between a Protective and Free Trade policy,

the particular imports to be taxed and the particular duties to be

imposed will furnish matter for debates that can hardly have finality,

seeing that circumstances change, and that the financial needs of the

Government will increase. It need hardly be said that in a new country

like Australia direct taxation is difficult to collect and highly

unpopular, so that larger recourse will be had to customs and excise

than orthodox economists could justify in Europe. The financial

relations between the Commonwealth and the States will be another

fertile source of controversy. So may the regulation of the railways,

which the Commonwealth seems likely to take over. So will the

arrangements for securing the respective rights of different States as

regards both irrigation and the navigation of the rivers, practically

the only rivers of the Continent, which intersect the three

south-eastern colonies. Among the labour questions likely to arise, one

problem, much before the minds of Australians, may be found to cause

difficulties in its details if not in its general principle, viz. the

exclusion of immigrants of coloured race, Chinese, Japanese, Malays, and

Indian coolies. The white labourers of the temperate colonies have been

strongly opposed to the admission of such strangers, but the planters of

the tropical north, who have used the labour of Pacific islanders on

their sugar estates, take a different view of the case.

Some may think that the obvious line of party division will be found to

be that which ranges the four smaller and the two larger States into

opposite camps. If this should happen, which may well be doubted, it

will be owing to a coincidence of economic interests, and not to the

mere fact that the strength of one set of States lies in the House, that

of the other in the Senate. The two largest States, New South Wales and

Victoria, have hitherto been conspicuously divergent in their financial

policy. In America, though the small States fought hard against the

large ones in the Convention of 1787, the distinction has never since

that date possessed any permanent political significance.

If parties form themselves on any geographical lines, the line will more

probably be one between the tropical and the temperate regions. These

tropical regions are at present much less populous and wealthy than is

the temperate south-east corner of the Continent. They will doubtless

increase both in wealth and in population, but as the strong sun forbids

out-door labour to white men, the population enjoying political rights

cannot, for generations to come, be a large one.

XXIV. POSSIBLE ENTRANCE OF NEW STATES.

The existing situation may be so materially affected by the entrance of

new States that one naturally asks what are the prospects that new

States will be admitted. As the whole Continent is already divided among

the five existing States, new ones can come into being only by carving

up the three larger of these. There has already been talk of dividing

Queensland into two or perhaps three States. Others might be formed out

of the now sparsely peopled regions of the north and north-west, when

they have become more thickly inhabited. How fast the process of

colonization will advance in these regions will depend upon what

engineering science may be found able to do for the more arid tracts in

the way of storing rain-water and raising it from deep wells, while

something will depend on the disposition of the Federal Government to

spend money for that purpose. Nor is another element to be overlooked.

Vast as is the mineral wealth already known to exist in the explored

parts of Australia, it may be equalled by that which exists in regions

which have received no thorough geological examination. Should mines

begin to be worked in the arid tracts, an additional motive would be

given for the provision of water supplies there, for the existence of a

population furnishing markets would stimulate men to develop the

capacities of the soil for ranching and even for tillage. These

possibilities show how many factors hitherto undetermined may go to

moulding the political future of the country. The increase of population

in regions now thinly peopled would either make the four smaller States,

or some of them, the equals of the larger, or would, more probably, lead

to the creation of new States, some of them with a character different

from that of the two which now command a decisive majority in the House

of Representatives. As the settlement of the Mississippi Valley changed

American politics, so a filling up of large parts of the interior and

north of Australia, unlikely as this now appears, might affect her

constitutional growth in ways at which we can now only guess.

At present not only these tropical regions, but also the settled parts

of Western Australia are separated by vast uninhabited spaces from the

populous south-east corner of the continent. Hence just as in Canada an

Intercolonial Railway to connect Nova Scotia and New Brunswick with

Quebec and Ontario was provided for in the Constitution of 1867, and

just as the construction of the great transcontinental Canadian Pacific

line enabled Manitoba and British Columbia to become effective members

of the Federation, so a line of railway from east to west across

Australia, as well as the completion of the line, already partly

constructed, from the south to the north, are among the political needs

of the Commonwealth, and might do much to weld its people into an even

more united nation.

One community remains to be mentioned whose geographical position

towards Australia recalls the saying of Grattan that while the Ocean

forbade Ireland to be politically severed from Britain, the Sea forbade

an incorporating union. It has been hoped that New Zealand would enter

the Federation, and she has herself seriously considered whether she

ought to do so. With a healthy climate, a soil generally well watered,

and an area not much less than that of the British Isles, New Zealand

has evidently a great future before her. The population, now between

700,000 and 800,000, has tripled within the last thirty years; and the

level of personal comfort and well-being is as high as anywhere in the

world. Her accession would give further strength to the Federal

Commonwealth. But New Zealand, as one of her statesmen observed, has

twelve hundred reasons against union with Australia, for she is

separated from the nearest part of Australia by twelve hundred miles of

stormy sea, a distance more than half of that which divides Ireland from

Newfoundland. She may therefore think that some sort of permanent league

with Australia, for the purposes of combined naval defence and joint

action in external questions of common concern, would conform better to

her outlying position than would participation in a Legislature which

must be mainly occupied with the affairs of Australia. Of the subjects

assigned by the Constitution to the Commonwealth Parliament, there are

several in which, because purely Australian, New Zealand would have no

interest, some also with regard to which she could legislate better for

herself than the Commonwealth could legislate for her, inasmuch as her

economic and social conditions are not the same as those of Australia.

An illustration is furnished by the difference between the native races

in the two countries. The Australian aborigines, one of the most

backward branches of the human family, are obviously unfit for the

exercise of any political functions. They are not permitted to vote in

any colony, and the Constitution provides that in determining the number

of representatives to be allotted to a State they shall not be reckoned

among its population. But the Maoris of New Zealand are an intelligent

folk, to whom New Zealand has given the suffrage, and who are now on

excellent terms with their white neighbours. It would no doubt be

possible for the Commonwealth Parliament to legislate differently for

them and for the ‘black fellows’ of Australia; but their dissimilar

character shows the difference of the problems which arise in the two

countries. New Zealand has however an interest in obtaining free access

to the Australian markets, and her final decision as to entering the

Federation may be influenced by the commercial policy which the larger

country pursues[234].

-----

Footnote 234:

While these pages were passing through the press, a Commission

appointed in New Zealand to consider the question has reported

strongly against her entrance into the Australian Federation.

-----

In this changeful world, no form of government ever remains the same

during a long series of years, and no Federation, however strictly the

rights of its members may be secured by a Rigid Constitution, can

continue to maintain exactly the same balance of powers between the

Nation and the States. I have already expressed the opinion that the

tendency is in Australia likely to be rather towards consolidation than

towards a relaxation of the Federal bond, because not only national

sentiment but economic influences also will work in that direction. Much

however may depend on a factor still unpredictable, the relations

between Australia, together with the British Empire generally, and the

other Powers which are interested in the Western Pacific. Nothing does

so much to draw together a people already homogeneous as the emergence

of issues which threaten, or result in, a struggle against foreign

States. The sentiment of internal unity is accentuated. Public attention

is diverted from domestic controversies. Powers are willingly yielded to

the Executive which would in days of peace be refused. The consequences

may be good or evil—they have sometimes been in the long run evil—but

either way they alter the character of the government. They may even

give a new direction to its policy, as the United States has recently,

and quite unexpectedly, discovered.

XXV. FUTURE RELATIONS OF THE AUSTRALIAN

COMMONWEALTH TO BRITAIN.

Australia however is not a State standing alone in the world, but a

member of the British Empire, so we cannot close an examination of her

Constitution without asking whether the union of her Colonies will

affect her relations to the mother country.

When the first Convention to frame a Federal Constitution assembled in

1891, most Englishmen supposed that a Federated Australia would soon

aspire to complete independence. Australian statesmen saw deeper, and

predicted that the formation from the several Colonies of an Australian

Nation would tend not to loosen, but rather to draw closer the ties that

unite the people to Great Britain. So far as can be judged from the

course of Australian opinion during the past ten years, this has been

the result. There were at first some who advocated Federation as a means

to independence. But they soon desisted, overborne by a different

current. The same National feeling through which Federalism triumphed

seems to have deepened the sense of unity with other members of the

British race. And possibly that suspicion which colonies are apt to feel

of a sort of patronage on the part of the mother country, and which

sometimes disposes them to be self-assertive, may have vanished as they

came to realize that the old country was proud of them and wished to

treat them not only as a daughter but as an equal. Neither do they,

democrats as they are, harbour distrust of a monarchy, or deem their

freedom in any way hampered by it. The love for republicanism in the

abstract, though far stronger in Continental Europe than in England, was

everywhere a force in the first half of the nineteenth century. It has

faded away in the second half throughout the British world, because the

solid substance of freedom has been secured, because the old mischiefs

of monarchical government have reappeared in republics, because men’s

minds have begun to be occupied with economic and social rather than

with purely political questions. The fact that the British Crown is

titular head of the Australian Commonwealth will not render the working

of the Constitution less truly popular, any more than has befallen in

Canada, a somewhat less democratic country. So far as the internal

politics of Australia are concerned, she will take her own course,

scarcely affected by her connexion with England. But the fact that she

is, and seems likely to remain, a part of the British Empire, sharing in

the enterprises and conflicts and responsibilities of that vast body, is

a fact of the highest moment for her future and for the future of the

world. Still more momentous might her relation to the Empire become

should any scheme be devised for giving the self-governing Colonies of

Britain a share in the financial liability for common defence, together

with a voice in the determination of a common foreign policy. The

difficulties of constructing any constitutional machinery for this

purpose are obvious, yet perhaps not insurmountable. Should any such

arrangement be ever reached, it will probably be reached through some

crisis in the history of the Empire itself.

Sixty years ago it was generally believed that as soon as each British

self-governing colony had become conscious of its strength, it would

naturally desire, and could not be refused, its independence. But the

last sixty years have brought with them many favouring conditions; and

among these, one of which no one then thought, the long reign of a

sovereign whose personal character, by its purity, simplicity and

kindliness, won such reverence and affection, not only for herself, but

also for the ancient institutions at the head of which she stood, that

the prolongation of her life may be reckoned among the causes which have

kept these far-off lands a part of the British realm and have given its

actual form to the Commonwealth of Australia.

END OF VOL. 1

OXFORD

PRINTED AT THE CLARENDON PRESS

BY HORACE HART, M.A.

PRINTER TO THE UNIVERSITY

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Studies in history and jurisprudence, volume 1 (of 2) · 第 39 / 40 段