22. The rights as existing at the date of transfer of officers of the public service employed in any territory shall remain in force.

23. Where any appeal may by law be made to the King in Council from any court of the territories, such appeal shall, subject to the provisions of this Act, be made to the Appellate Division of the Supreme Court of South Africa.

24. The Commission shall prepare an annual report on the territories, which shall, when approved by the Governor-General in Council, be laid before both Houses of Parliament.

25. All bills to amend or alter the provisions of this Schedule shall be reserved for the signification of His Majesty's pleasure.

BIBLIOGRAPHY

The Articles of the New England Confederation of 1643 and the Acts and Proceedings of the Commissioners are in Records of the Colony of New Plymouth, vols. ix and x, Boston, 1855-61.

The best account of its foundation is in John Winthrop's History of New England, 1643-9, vol. ii, new ed., Boston, 1853.

A good account of the New England Confederacy will be found in vol. i of Professor H. L. Osgood's The American Colonies in the Seventeenth Century. 1904.

See also R. Frothingham's Rise of the Republic of the United States. Boston, 6th ed., 1895.

The causes that led up to Penn's and Franklin's proposals for union are to be sought in the volumes of The Calendar of State Papers, Colonial Series: America and West Indies; and of the Documents relating to the Colonial History of New York. (See note on text of these papers.) Franklin's comments are in vol. iii of his Works, ed. by J. Sparks.

There are some interesting remarks on Franklin's scheme in the first chapter of Mr. G. L. Beer's British Colonial Policy, 1754-65. 1907.

For the gradual course of events which led up to confederation, in addition to the ordinary histories of Canada such constitutional authorities should be consulted as Documents relating to the Constitutional History of Canada, 1759-91, ed. by A. Shortt and A. G. Doughty, Ottawa, 1907; Canadian Constitutional Development (a collection of documents), ed. by H. E. Egerton and W. L. Grant, 1907; superseded by Documents of the Canadian Constitution, 1759–1915, ed. by W. P. M. Kennedy; Lord Durham's Report on Canada, 3 vols., ed. by Sir C. Lucas; The Constitution of Canada, by W. P. M. Kennedy; and Constitutional Documents of Canada, ed. by W. Houston, Toronto, 1891. Joseph Howe's Letters and Speeches (new ed., Halifax, 1909) are of especial importance. Biographies also throw light on the subject, such as the 2nd vol. of Stuart Reid's Life of Lord Durham; Lord Sydenham, by A. Shortt (in the Makers of Canada Series), 1908; Letters and Journals of Lord Elgin, ed. by T. Walrond, 1873; Baldwin, Lafontaine, Hincks, by S. Leacock (in Makers of Canada Series), 1907; Life and Speeches of George Brown, by Alex. Mackenzie, 1882; Memoirs of Sir John Macdonald, by J. Pope, 2 vols., 1894, and Sir John Macdonald, by G. R. Parkin (in Makers of Canada Series), 1908. The last

Forty Years: Canada since the Union of 1841, by J. C. Dent, 2 vols., Toronto, n.d., brings out the breakdown of party government. See also Le Canada sous l'Union, par L. P. Turcotte, 1871; and, from another point of view, Canada and the Canadian Question, by Goldwin Smith, 1891.

On the Greater Canada' aspect of the subject consult A. Begg's History of the North-West and History of British Columbia, 1894 and 1895; also G. Bryce's Manitoba and the Hudson Bay Company.

On the Confederation itself the main authorities are:

The Confederation of Canada, by J. H. Gray, Toronto, 1872. (Only vol. i was written.)

Confederation Documents, by J. Pope, Toronto, 1895. (Contains the only extant notes of the Quebec Conference.)

Confederation Debates, Quebec, 1865. (Contains debates on the Resolutions in the Canadian Parliaments.)

Confederation Law of Canada, by G. J. Wheeler, 1896. An exhaustive commentary, especially valuable on Sections 91, 92, and 93 of British North America Act.

The Constitution of Canada, by J. E. C. Munro, 1889.

The Law of the Legislative Power in Canada, by A. H. F. Lefroy, Toronto, 1897-8.

The main authorities on the working of the Act are the cases reported in :

Cases on the British North America Act, by J. R. Cartwright, 4 vols., Toronto, 1887-92.

More recent cases which have gone to the Privy Council will be found in the English Appeal Cases.

In addition there is a useful appendix relating to Secs. 91-95 of the Act in Sir H. Jenkyns's British Rule and Jurisdiction beyond the Seas, 1902; and a valuable chapter on 'The Federations and the Union in vol. ii of Responsible Government in the Dominions by A. B. Keith, 1909.

The books relating to the constitutional history of Australia are much less numerous and important than those relating to Canada; and the interest of the Commonwealth Statute itself is far greater than the interest of the events which preceded it.

In addition to the ordinary histories of Australia and such books as Sir H. Parkes's Reminiscences, the one book which is indispensable for a study of attempts at federation is The Early Federation Movement of Australia, by C. V. Allin, Kingston, 1907. In the portion of the Introduction relating to the proceedings of

Committees of the Assemblies in Victoria and New South Wales, I have been greatly indebted to Mr. Allin's book, which covers ground not hitherto travelled.

Lord Grey's The Colonial Policy of Lord John Russell's Administration, 1853, should also be consulted.

To make up for the lack of earlier material, the Reports of the Conferences which preceded federation are very full and exhaustive. These are:

Record of the Proceedings and Debates of the Australasian Federation Conference, 1890. Melbourne.

National Australasian Convention, 1891. Sydney.

Report of the National Australasian Convention, 1897, MarchMay. Adelaide.

Report of the National Australasian Convention, 1897, September. Sydney.

Report of the National Australasian Convention, 1898, JanuaryMarch, 2 vols. Melbourne.

The Annotated Constitution of the Australian Commonwealth, by Sir J. Quick and R. R. Garran, 1901, is a mine of authority on the subject of federation.

The Constitution of the Commonwealth of Australia, by W. Harrison Moore, 2nd ed., 1910, is a valuable treatise by an eminent jurist. The second edition contains nearly twice as many pages as the first, which appeared in 1902, and is practically a new treatise on the working of the Act. Mr. Harrison Moore has also written a valuable article on the Commonwealth Constitution in The Journal of Comparative Legislation, 1903, pp. 115-31. The cases on the Commonwealth Act will be found in volumes of the Commonwealth Law Reports.

There is a suggestive essay on the new Australian Constitution in Bryce's Studies in History of Jurisprudence, vol. i, 1901; and a note on it in Dicey's The Law of the Constitution, 7th ed., p. 529, 1908. See also Keith, op. cit., pp. 162–72.

See also 'Merchant Shipping Legislation in the Colonies', Article by Mr. A. B. Keith in The Journal of Comparative Legislation,

1909,
p. 203.

The subject of South African Union is closely connected with the whole political past history of South Africa, and it seems unnecessary here to attempt a bibliography of this wider subject. The names of the standard histories and books are generally familiar, and Parliamentary Papers are too numerous to specify.

Select Documents relating to the Unification of S. Africa, ed. by A. P. Newton, 2 vols., 1924, will be found indispensable. Vol. ii contains the powerful Memorandum 'On a Federation of the South African Colonies', issued under the auspices of Lord Selborne, in 1907. [Cd. 3564.]

The Union of South Africa, by the Hon. R. H. Brand, 1909, contains a valuable introduction to the Act written by one who, as Secretary to the Transvaal Representatives at the convention which settled the Union, writes as one who knows. It must be remembered, however, that the actual proceedings of the Convention are still secret; though The Inner History of the National Convention of South Africa by Sir E. Walton throws much light on the subject.

There is a very able article on South African Union by Mr. A. B. Keith in The Journal of Comparative Legislation, 1909 (vol. x, Part 1, pp. 40-92).

To compare the Canadian and Australian Federations with that of the United States, reference should be made to:

J. Elliot's Debates on the Federal Constitution, vol. i, Washington, 1836-45, or (more convenient) The Journal of the Debates in the Convention as recorded by J. Madison 2 vols., ed. by G. Hunt, 1909.

The Federalist, ed. by H. Cabot Lodge, 1908.

History of the United States Constitution, by G. T. Curtis 2 vols., Boston, 1854.

Writings upon the Federal Constitution, by Marshall, C. J., Boston, 1839.

Constitutional History of the United States as seen in the Development of American Law, by T. M. Cooley, and others, New York, 1889.

Growth of the Constitution in the Federal Convention of 1787, by W. M. Meigs, Philadelphia, 1900.

Congressional Government, by Woodrow Wilson, Boston, 1885, and, more especially, The American Commonwealth, by J. Bryce, 2 vols., new edition, 1911.

The Constitution will be found in Appendix to Houston's Constitutional Documents of Canada, or in W. Macdonald's Select Documents Illustrative of the History of the United States, 1776-1861. On Federations see :

Federal and Unified Constitutions, ed. by A. P. Newton and Governments and Parties in Continental Europe, by A. Lawrence