legitimate authority or business, the greater part of the ordinary functions of a federation falling within the scope of the imperial legislature and executive; and the main inducement to federation, which is the necessity of conciliating the pretensions of independent states to the maintenance of their own sovereignty, could not exist in the case of colonial dependencies, liable to be moulded according to the pleasure of the supreme authority at home." He therefore decided strongly in favour of complete legislative union, which, he believed, alone would give vigorous control of the rebellious French minority in Lower Canada and an efficacious government for the whole of the colonies.

No forward step was possible until the full development of Durham's real contribution to colonial government and the growth of responsibility in the colonies had made them no longer "liable to be moulded according to the pleasure of the supreme authority at home." The extent of the powers granted to the self-governing colonies between 1840 and 1860 was much greater than that recommended by Lord Durham, and they became possessed of almost complete internal power. They also acquired some small measure of the powers usually included in external sovereignty, for by the grant of complete commercial freedom they could enter individually into commercial treaties with foreign powers according to their own desires and without dictation from the Imperial government. By 1860, therefore, the colonies were even freer than had been the original thirteen American States under the Articles of Confederation. Their internal authority was fully vested in governments based upon the popular vote, and the way was clear for a final step towards federal union in the same direction as that taken in the United States. The first achievement of this step came in the colonies of British North America, where the influence of the political precedents of their great neighbour was most potent and the necessary conditions were most fully satisfied.

The colonies were geographically contiguous, they were all in the same stage of political development, their sense of com

munity of national interest was rapidly growing, they were menaced in 1864-67 by a very real danger of annexation by the great military power which the United States had developed during the Civil War, and they were troubled by similar and very acute economic difficulties.

Federation came about in much the same way as it had done in 1787-89, and though the final sanction had to be given by an Act of the Imperial Parliament, that sanction was really based not upon the consent of the British electorate, but upon that of the citizens of British North America as a whole. So, too, when the people of the Australian colonies decided to establish a federal union, the path lay open to them without impediment from the Imperial Government. In each case popular governments, possessing practically full internal sovereignty, decided to resign either the whole or a portion of their powers into the hands of a central federal government, whose authority was based upon the votes of the whole community. In Canada the Dominion Government, having acquired the whole power, resigned a portion of it into the hands of the provincial governments; in Australia the States still retained the residue of power, but in both cases the principle was essentially the same.

When a federal union successfully fulfils its purpose of providing the people with an orderly and efficacious government, its importance grows at the expense of the State governments. They are gradually overshadowed and the electors come to take more interest in national than in local questions. Parties are formed upon a national basis, and by degrees the federal union, though still maintained in form, comes to differ very little in practice from a legislative union with subordinate provincial assemblies. When the people of South Africa determined upon a political change to adapt their institutions more closely to their needs, they contemplated at first a federal union according to the Canadian and Australian precedents. But the discussions that took place in the constitutional convention ultimately

brought about a change in this design, and it was decided instead to take a step that followed the Anglo-Scottish precedent of 1707, to sweep away all the existing governments and to place internal power in South Africa wholly in the hands of a new central government. A complete legislative union was thus effected by a process that was similar to that which had preceded federal unions in the other English-speaking countries. Where full political sovereignty is based upon the votes of the people, there is no vital difference between the two forms of union, and it is only a matter of practical convenience and political expediency as to which is adopted in a particular case.

THE PERPETUAL LEAGUE BETWEEN THE THREE SWISS FOREST COMMUNITIES. 1 AUGUST, 1291.

German

["Amtliche Sammlung der ältern eidgenössischen Abschiede," Lucerne, 1839, vol. i. Beilagen, pp. iii.-iv. Original in Latin.' translation in W. Oechsli, "Quellenbuch zur Schweizergeschichte,” Zurich, 1886, pp. 49-50. French translation in B. van Muyden, "Histoire de la Nation Suisse," Lausanne, 1896, vol. i. pp. 206-207. The same sources may also be consulted for the other important fundamental acts of the old Swiss Confederation-The Priest's Charter, 1370, the Convention of Sempach, 1393, the Convention of Stans, 1481.]

In the name of the Lord. Amen. It is a good thing and will be profitable for the public good that our treaties be made secure in a state of quiet and peace. Let it therefore be known to all that the men of the valley of Uri, and the commune [universitas] of the valley of Switz and the community [conmunitas] of the mountain men of the lower valley, considering the malice of the times and in order that they may better defend themselves and preserve themselves better in their rightful status, have promised in good faith to assist each other mutually with help and counsel both as regards persons and goods, within the valleys and beyond, in all they can and with all their efforts against all and singular who shall intend violence, molestation or injury against them or any one of them in persons and goods by contriving any ill whatsoever.

In every event whatsoever each commune [universitas] promises to come to the aid of the other at its own expense as need may be with all that may be necessary for their succour

The translation here given adheres closely to the original in order to bring out the peculiar turns of phrase and mixture of persons employed.

to resist the attacks of their enemies and to avenge their injuries. And concerning these things they have sworn their corporal oath without guile; renewing by this oath and these presents the ancient form of confederation. Nevertheless every man shall be held to be under his lord and shall serve him in seemly fashion according to his obligations [iuxta sui nominis conditionem].

Also by common consent and unanimous favour we promise, agree and ordain that in the aforesaid valleys we will not recognise nor accept in anywise any judge who shall have bought his office for a price whether in money or in any other way or who is not our native and fellow-countryman. If indeed dissension should arise between the confederates [conspiratos] the more prudent of the confederates are bound to intervene [debent accedere] to settle the difference between the parties as to them it shall seem expedient. And if one party should reject that ordinance the other confederates are bound to declare themselves against them.

Over and above all these things there is agreement that he who wrongfully and without cause shall have killed another, if he is arrested shall lose his life according to his deserts unless he can show his innocence of the said crime. And if he have departed the land he shall never be permitted to return. As for the receivers and protectors of the aforesaid malefactor they must be banished from the valleys until they are recalled by the confederates.

If any man either by day or in the silent night shall have wrongfully caused waste by fire to any of the confederates he shall never be held as a fellow countryman [pro conprovinciali]. And if any man shields and defends the said malefactor in the valleys he shall pay satisfaction for the damage done. And if any one of the confederates shall have spoiled another in his goods or shall have damaged him in any way, if the goods of the guilty can be found in the valleys they must be taken possession of in order to procure satisfaction to those injured according to justice.

Besides this no one ought to take a pledge of another unless he is manifestly a debtor or a surety and then it must be done by the permission of his own special judge. And besides this