The Dominion. SATURDAY, JANUARY 31, 1914. THE SUPREME LAW.
The bold stroke of the Government of South Africa in expelling a number of Labour leaders from the country has arrested ■ tho attention of the whole British Empire. It was undoubtedly a very drastic step, and it has naturally provoked much hostile criticism. It is a serious matter to suspend or over-ride the ordinary methods of-legal procedure, but the fact that civilised nations have found it necissary to make provision for.., the adoption of extraordinary ■ methods in exceptional emergencies when the stability of the established order is threatened points to the general recognition of the fact that it is* sometimes necessary to take extreme measures in order to maintain public security and the supremacy of the State against the forces of lawlessness. In the case of the individual self-pre-servation is the first law of Nature, and this principle, finds its national expression in the well-known maxim that the safety of the State is. the supreme law. It may of course bo argued that the South African Government exceeded its legal powers in regard to the deportations, but in judging the merits of the case the whole of the circumstances from the beginning of the strike should be taken into consideration. Bodies of armed men had openly defied the constituted authorities, deeds of violence had been perpetrated, and a state of affairs verging on civil war established. These facts arc incontrovertible, • and there is also much to support the belief in the existence of a conspiracy to upset the Government and establish a Labour Republic The Government was faced with a position which seemed to call for prompt and decisive action, and the Cape Times sums up the situation fairly and frankly when it states that, the- deportations were "unjustifiable legally, but justifiable on the grounds of common sense and public safety." It may be taken for granted that it will be on. these grounds that Ministers will defend theirclqings when Parliament meets, and it h generally regarded as certain that special legislation will be passed to indemnify them for the steps they have taken, Iho Government undoubtedly incurred a grave responsibility, as one of the South African journals states, and most people will also agree with the opinion that, "it would bo nothing short of a national calamity if the- recent happenings were to encourage an evil spirit of bureaucracy." The contention'of the Ministers will probably be that the deportation was an extraordinary act to meet an extraordinary situation, and the suggestion that the British Government should interfere in some- way is not likely to meet with much encouragement. Such interference would almost certainly .be strongly resented and would probably lead-to a great deal of friction and unpleasantness, [fc would bo aiv.-extrcmely delicate and dan-, gerons course for Downing Street , to take sides in the purely domestic concerns of any of the overseas Dominions. Thfc . British communities are at one with tho Mother Country against the outside world, but they jealously guard their independence as regards the management of their internal affairs; and the very people who are asking the Homo authorities to take action in regard to recent events in South Africa would probably be the. first to raise v.n outcry if the British Government threw any obstacles in the way of administrative or legislative acts which happened to meet with their approval. The responsible Ministers on the spot must be bettor judges of tho most effective way of dealing with any, critical emergency than officials in another country, thousands of miles away. Mr. JLuisav MacDosald, the wellknown Labour member , of the British Parliament, admits that it. is not easy for politicians in Britain to intervene iu South Africa, ami that "any interference from Downing Street, would immediate]} , be resented even by the victims of the tyranny." Ho suggests, however, tint British Labour membsrs could call in question the Governor-Gen-eral's action in consenting to martial law. But Loud Gladstone no doubt acted on the advice of his responsible advisers in this matter, and he would in al! probability have precipitated a .serious constitutional crisis if ho h:ul set himself in direct opposition to his Ministers in such an emergency. South Africa has a democratic constitution, and the Cabinet is responsible to ihc people acting through their Parliamentary representatives, and if Parliament is prepared to pass an 'Indemnity Bill it is difficult to see how any, outside authority can claim the right to call tho Government to account. The general feeling in South Africa, Both among the Dutch and ute British, seems to be in favour of tho action of the Executive, but. the fact that a straining of thelaw has taken place in connection with the deportations has caused some uneasiness, and there is a natural desire to have the position regularised. The meeting of the Union Parliament and GeneiUL Botha's vindication of the Government's action in dealing with tho crisis will bo awaited with great interest • throughout tho British Empire.
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Dominion, Volume 7, Issue 1972, 31 January 1914, Page 4
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831The Dominion. SATURDAY, JANUARY 31, 1914. THE SUPREME LAW. Dominion, Volume 7, Issue 1972, 31 January 1914, Page 4
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