e practical executive of the
Colony, and are responsible to the Legislature, in which they sit, and
at whose pleasure they hold their offices. There is a Legislature
consisting of two houses--an Assembly, whose membership was raised in
December, 1898, from seventy-nine to ninety-five, and a Legislative
Council, with twenty-three members, besides the Chief Justice, who is
_ex officio_ President. In Cape Colony (for of the arrangements in Natal
I have spoken in a previous chapter) both houses are elected on the same
franchise--a low one; but the districts for the election of members of
the Council are much larger, and therefore fewer, than the Assembly
districts, so the former body is a small and the latter a comparatively
numerous one.[76] The rights and powers of both houses are theoretically
the same, save that money bills originate in the Assembly; but the
Assembly is far more powerful, for the ministry holds office only so
long as it has the support of a majority in that body, whereas it need
not regard a hostile vote in the Council. Either the English or the
Dutch language may be used in debate. Ministers have the right of
speaking in both houses, but can, of course, vote only in the one of
which they are members by popular election. If it happens that there is
no minister who has a seat in the Council (as was the case in 1896), it
is usual for the cabinet to allot one to be present in and look after
that chamber for the day.
This cabinet system, as it is called, works pretty smoothly, on lines
similar to that English original whence it is copied. The most
interesting peculiarity is the Cape method of forming the smaller House.
In England the Upper House is composed of hereditary members; in the
Canadian confederation, of members nominated for life--both of them
methods which are quite indefensible in theory. Here, however, we find
the same plan as that which prevails in the States of the North American
Union, all of which have senates elected on the same franchise, and for
the same term, as the larger house, but in more extensive districts, so
as to make the number of members of the senate or second chamber
smaller. Regarding the merits of the Cape scheme, I heard different
views expressed. Nobody seemed opposed in principle to the division of
the Legislature into two houses, but many condemned the existing Council
as being usually composed of second-rate men, and apt to be obstructive
in its tendencies. Some thou
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