ARTHUR P. POLEY, B.A.

OF THE INNER TEMPLE AND MIDLAND CIRCUIT, BARRISTER-AT-LAW,
FORMERLY EXHIBITIONER OF MERCHANT TAYLORS' SCHOOL AND
SCHOLAR OF ST. JOHN'S COLLEGE, OXFORD

"The crimson thread of kinship runs through us all"

SIR HENRY PARKES

BOSTON

LITTLE, BROWN, AND COMPANY

1913

JK

PREFACE

In this book an attempt has been made to give an account of the four great systems of Government of the United States, Canada, Australia, and South Africa, and to explain their nature, origin, and development. In covering such a wide field it has only been possible without defeating the object the Author has had in view-the presentation of a lucid statement in a reasonable compass of space-to deal but briefly with many matters which deserve ampler treatment. If fuller knowledge is desired the reader is referred to the histories and excellent treatises which have been written by distinguished writers on the several Constitutions.

It is believed that no attempt has hitherto been made to bring the four Constitutions together for the purposes of comparison, and in this respect the present work may perhaps claim to break new ground and to be of general Imperial interest.

The scheme adopted has been to trace the origin and development of Colonial Government from the establishment of the American plantations down to the present time. The formation of the United States and the creation of the three Imperial systems have marked stages in the History of the Empire.

To explain the Constitution of the United States without referring to the reasons that actuated its framers in its construction would be as unprofitable as it would be to describe it without relation to its indebtedness to the Constitution of Great Britain. In the same way each Constitution in turn, as it throws light on its predecessor, lends itself to the object of comparison and to a proper understanding of the value of federal systems.

In the last chapter of the work a suggestion is made for a closer union of the Empire. If this chapter be read in conjunction with the first chapter its historical meaning will be better appreciated.

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In treating of the Union of South Africa, it has been termes for the purposes of comparison a federal system, notwithstanding that it is described in the Constitution Act as a legislativ union. The Author's apology is that it exhibits so many o the features of federalism that it would be impossible to omit it During the progress of this work through the Press two amendments have been made to the Constitution of the United States. It has been possible to deal with the one relating to Income Tax, but the other substituting direct election of senators by the people of the States in place of election by State Legislatures has been so recently passed that it has been impossible to do more than mention it here.

Most of the well-known authorities to whose works recourse has been had are referred to in the notes to the text. Particular mention, however, must be made of Lefroy's Legislative Power in Canada, the works of Sir J. C. Bourinot, Quick and Garran's Annotated Constitution of the Australian Commonwealth, Professor Harrison Moore's Commonwealth of Australia, and last. but not least, Mr. Keith's recently published great work on Responsible Government.

In the laborious task of preparing the work for the Press, the Author has received much help and many valuable suggestions on the United States' Constitution from Mr. Joh. Foreman, F.R.G.S., Barrister-at-Law, the well-known author of The Philippine Islands, and on the Canadian Constitution from Mr. Horace J. Douglas, Barrister-at-Law, whose knowledge of this Constitution has been of considerable value.

In the labour of preparing the index he gratefully acknowledges his obligations to Mr. Geoffry L. Hardy Barrister-at-Law.

3 PLOWDEN BUILDINGS,

TEMPLE,

April 28, 1913.

A. P. P.