was not to supersede the governments of the States, the problem which the Constitution-makers had to solve was two-fold. They had to create a central government. They had also to determine the relations of this central government to the States as well as to the individual citizen. An exposition of the Constitution and criticism of its working must therefore deal with it in these two aspects; as a system of national government built up of executive powers and legislative bodies, like the monarchy of England or the republic of France, and as a Federal system linking together and regulating the relations of a number of commonwealths which are for certain purposes, but for certain purposes only, subordinated to it." (Id., p. 29.)

"The government of the United States is federal government. By this I do not mean that the central government alone is a federal government. It is true that this term is generally applied to it, but I think this arises from the mistaken assumption that it is the government of a federal State. I think I have shown that there is no such thing as a federal State; that, in what is usually called the federal system, one State employs two separate and largely independent governmental organizations in the work of government. What I mean, therefore, in the proposition that the government of the United States is federal government, is that the whole governmental system is federal and that the central government is one of two governmental organizations employed by the State." (Burgess, Political Sc. II., p. 18.)

A CONFEDERACY.-A confederacy is not a State. The members of the confederacy remain separate States. The confederacy has no sovereignty; it is merely a system of government founded on inter-state treaty dissolvable at will.

COMMONWEALTH AND STATES.-As we have already seen, Dr. Burgess contends that there is no such thing as a federal State. A federation, he says, is merely a dual system of government under a common sovereignty. (Political Sc., I., p. 79.) This definition is partly in conflict with that of Professor Dicey, who recognizes the possibility of a federal State, which he defines as a political contrivance intended to reconcile national unity and power with the maintenance of State rights. (Law of the Constitution, p. 131.) It does not agree with that of Mr. Bryce, who in the foregoing passage describes the United States as a Federal State. (American Comm., p. 12.)

From this conflict of literary authority we turn to the Imperial Act constituting the Commonwealth, where we find it described as a Federal Commonwealth, and we may assume that the expression is there used by the framers in either the first or the second of the four meanings already analysed (see Note, § No. 27, "Federal," supra), viz., as (1) descriptive of a union of States, linked together as co-equal societies, forming one political system, regulated and co-ordinated in their relations to one another by a common Constitution; or (2) as descriptive of the new community formed by such union. In this Act the term "States" is used as descriptive of those co-equal societies.

The Commonwealth, in almost every feature, answers the German expression Bundesstaat or composite State. In this sense it may be described as a single State which is administered by a dual system of government-one set of ruling organs dealing with those matters common to the whole State and another dealing with those relating to the several communities, considered as separate entities. (R. R. Garran, The Coming Commonwealth, p. 17.)

NATION. --As an abstract definition, a Nation may be described as a population of ethnic unity inhabiting a territory of geographic unity. By ethnic unity is meant a population having a common language, a common literature, common traditions and history, common customs, and a common consciousness of rights and wrongs. By geographic unity is meant a territory separated from other territory by natural physical boundaries. The nation, as thus defined, is the nation in perfect and complete existence, and this is hardly as yet anywhere to be found. (Burgess, Political Science, I., p. 2.) Where geographic and ethnic unities coincide, or very nearly coincide, the nation is almost sure to become a State. The nation must pass through many preliminary stages in its development before it reaches the maturity of a political State. (Id. p. 3.)

"Not all nations, however, are endowed with political capacity or great political impulse. Frequently the national genius expends itself in the production of language, art, or religion; frequently it shows itself too feeble to bring even these to any degree of perfection. The highest talent for political organization has been exhibited by the Aryan

nations and by these unequally. Those of them remaining in the Asiatic home have created no real States; and the European branches manifest great differences of capacity in this respect. The Celt, for instance, has shown almost none; the Greek but little, while the Teuton really dominates the world by his superior political genius. It is therefore not to be assumed that every nation must become a State. The political subjection or attachment of the unpolitical nations to those possessing political endowment appears, if we may judge from history, to be as truly a part of the course of the world's civilization as is the national organization of States. I do not think that Asia and Africa can ever receive political organization in any other way. Of course, in such a state of things, the dominant nation should spare, as far as possible, the language, literature, art, religion and innocent customs of the subject nation; but in law and politics it is referred wholly to its own consciousness of justice and expedience. Lastly, a nation may be divided into two or more States on account of territorial separation-as for example, the English and the North American, the Spanish-Portuguese and the South American and one of the results of this division will be the development of new and distinct national traits. From these reflections, I trust that it will be manifest to the mind of every reader how very important it is to distinguish clearly the nation, both in word and idea, from the State; preserving to the former its ethnic signification, and using the latter exclusively as a term of law and politics. (Burgess, Political Sc., I., pp. 3-4.)

$ 45.

"Parts of the Commonwealth."

TERRITORIALITY OF THE COMMONWEALTH.-The territorial basis of the Commonwealth has been already briefly referred to. The above words so clearly and emphatically establish this principle, that special attention should be drawn to them at this stage. Grotius, in his celebrated treatise, wrote: "There are commonly two things which are subject to sovereignty (Imperium); first, persons, which alone sometimes suffice, as an army of men, women and children seeking new plantations; secondly, lands, which are called territory." (De Jure Belli et Pace II, pp. 3 and 4.) The case contemplated by Grotius as presenting the possible condition of a non-territorial sovereignty could scarcely occur in our time. It would be difficult to recognize the existence of a State without its undisputed possession of a defined territory; the only approach to such a phenomenon that might temporarily arise would be a rebel army wandering from place to place and recognized as a belligerent, which is tantamount to being recognized as a State. (Encyc. of the Law of England, Vol. xi. p. 710.) This, however, would be a feeble example of a State. It would have, at best, a precarious existence; its occupation of territory would be shifting, uncertain, and undefined; it would lack that continuity, cohesion, and recognition which are the essential attributes of a State. On the whole, therefore, the dictum of this distinguished jurist, whatever possible application it might have had in his time (1583-1645), may be regarded as untenable in the present age, in which territorial occupation is looked upon as one of the most important factors of the constitution of a true State. The inevitable tendency towards the establishment of territorial sovereignty, as an advance on personal and tribal sovereignty, is an historical fact of great significance. It is thus referred to by Sir Henry Maine :

"From the moment when a tribal community settles down finally upon a definite space of land, the Land begins to be the basis of society in place of Kinship. The constitution of the Family through actual blood-relationship is of course an observable fact, but, for all groups of men larger than the Family, the Land on which they live tends to become the bond of union between them at the expense of Kinship, ever more and more vaguely conceived. We can trace the development of idea both in the large and now extremely miscellaneous aggregations of men combined in States or Political Communities, and also in the smaller aggregations collected in Village-Communities and Manors, among whom landed property took rise. The barbarian invaders of the Western Roman Empire, though not uninfluenced by former settlements in older homes, brought back to Western Europe a mass of tribal ideas which the Roman dominion had banished from it; but, from the moment of their final occupation of definite territories, a transformation of these ideas began. Some years ago I pointed out (Ancient Law, pp. 103 et seq.) the evidence furnished by the history of International Law that the notion of territorial sovereignty, which is the basis of the International system, and which is inseparably connected with dominion over a definite area of land, very slowly substituted

itself for the notion of tribal sovereignty. Clear traces of the change are to be seen in the official style of kings Of our own kings, King John was the first who always called himself King of England. (Freeman, Norman Conquest,' 1, 82, 84.) His predecessors commonly or always called themselves Kings of the English. The style of the king reflected the older tribal sovereignty for a much longer time in France. The title of King of France may no doubt have come into use in the vernacular soon after the accession of the dynasty of Capet, but it is an impressive fact that, even at the time of the Massacre of St Bartholomew, the Kings of France were still in Latin Reges Francorum, and Henry the Fourth only abandoned the designation because it could not be got to fit in conveniently on his coins with the title of King of Navarre, the purely feudal and territorial principality of the Bourbons. (Freeman, loc. cit.) We may bring home to ourselves the transformation of idea in another way. England was once the country which Englishmen inhabited. Englishmen are now the people who inhabit England. The descendants of our forefathers keep up the tradition of kinship by calling themselves men of English race, but they tend steadily to become Americans and Australians. I do not say that the notion of consanguinity is absolutely lost, but it is extremely diluted, and quite subordinated to the newer view of the territorial constitution of nations. The blended ideas are reflected in such an expression as 'Fatherland,' which is itself an index to the fact that our thoughts cannot separate national kinship from common country. No doubt it is true that in our day the older conception of national union through consanguinity has seemed to be revived by theories which are sometimes called generally theories of Nationality, and of which particular forms are known to us as Pan-Sclavism and Pan-Teutonism. Such theories are in truth a product of modern philology, and have grown out of the assumption that linguistic affinities prove community of blood. But wherever the political theory of Nationality is distinctly conceived, it amounts to a claim that men of the same race shall be included, not in the same tribal, but in the same territorial sovereignty. We can perceive, from the records of the Hellenic and Latin city-communities, that there, and probably over a great part of the world, the substitution of common territory for common race, as the basis of national union, was slow, and not accomplished without very violent struggles." (Maine's Early History of Institutions, 72-75.)

§ 46. "Such of the Colonies."

NEW SOUTH WALES.-The area of this colony, the oldest established of the Australian group, is 306,066 square miles. It is bounded on the east by the Pacific ocean, on the south by the colony of Victoria, on the north by the colony of Queensland, and on the west by the colony of South Australia. Population, 31st Dec., 1899, 1,348,400; public revenue from all sources, 1898-9, £9,572,912. Executive Government at the passing of the Commonwealth of Australia Constitution Act:-Governor and Commander-in-Chief, the Right Honourable William Earl Beauchamp, K.C.M.G.; Lieutenant-Governor, Sir Frederick Matthew Darley, K.C.M.G., C.J. Administration-Premier, Colonial Treasurer, and Minister for Railways, Sir William J. Lyne; Colonial Secretary, the Hon. John See; Secretary for Lands, the Hon. T. H. Hassall; Secretary for Public Works, the Hon. E. W. O'Sullivan; Attorney-General, the Hon. B. R. Wise, Q.C.; Minister for Public Instruction and Industry, the Hon. John Perry; Minister for Justice, the the Hon. W. H. Wood; Secretary for Mines and Agriculture, the Hon. J. L. Fegan; Postmaster-General, the Hon. W. P. Crick; Representative in the Legislative Council, the Hon. F. B. Suttor.

NEW ZEALAND.-There are two principal islands, known as the North and Middle Islands, besides the South or Stewart's Island, and small outlying islands. The group is nearly 1,000 miles long, and 200 miles across at the broadest part. Its coast line extends over 4,000 miles New Zealand is situated 1,200 miles to the east of the Australian continent. The area of New Zealand is estimated to embrace 104,471 square miles, of which the North Island comprises 44,468 square miles, the Middle Island 58,525, and Stewart's Island 665 square miles. Population, 31st Dec., 1898, 743,463 ; public revenue, 1898-9, £5,258,228. Executive Government at the passing of the Commonwealth of Australia Constitution Act :-Governor and Commander-in-Chief, the Right Hon. the Earl of Ranfurly, K.C.M.G. Administration-Premier, Treasurer, Commissioner of Trade and Customs, Minister of Labour, Minister of Native Affairs, the Right Hon. R. J. Seddon, P.C.; Colonial Secretary, Postmaster-General, Minister of

Railways, Industries, and Commerce, the Hon. J. G Ward; Minister of Lands and Agriculture, Commissioner of Forests, the Hon. J. McKenzie; Commissioner of Stamp Duties and Member representing the Native Races, the Hon. J. Carroll; Minister of Education, Immigration and in charge of Hospitals and Charities, the Hon. W. C. Walker; Minister of Public Works, Marine and Printing Office, the Hon. W. HallJones; Minister for Justice and Defence, the Hon. J. Thompson

QUEENSLAND.-Queensland comprises the whole north-eastern portion of the Australian continent, including the adjacent islands in the Pacific Ocean aud in the Gulf of Carpentaria. The territory is of an estimated area of 668,497 English square miles, with a seaboard of 2,550 miles. Population, 31st Dec., 1899, 482,400; public revenue. 1898-9, £4,174,086. Executive Government at the passing of the Commonwealth of Australia Constitution :-Governor and Commander-in-Chief, the Right Hon. Baron Lamington, K.C.M.G.; Lieutenant-Governor, Sir Samuel W. Griffith, G.C.M.G., C.J. Administration-Premier, Treasurer, and Secretary for Mines, the Hon. Robert Philp; Chief Secretary, the Hon. J. R. Dickson, C.M.G.; Home Secretary, the Hon. J. F. G. Foxton; Attorney-General, the Hon. Arthur Rutledge, Q.C.; Secretary for Public Lands, the Hon. W. B. H O'Connell; Secretary for Railways and Public Works, the Hon. John Murray; Secretary for Agriculture; the Hon. J. V. Chataway; PostmasterGeneral and Secretary for Public Instruction, the Hon. J. G. Drake; Ministers without portfolios, the Hon. G. W. Gray and D. H. Dalrymple.

TASMANIA. The area of the colony is estimated at 26,215 square miles, of which 24,330 square miles form the area of Tasmania proper, the rest constituting that of a number of small islands, in two main groups, the north-east and north-west. Population, 31st Dec., 1899, 182,300; public revenue, 1898-9, £908,223. Executive Government at the passing of the Commonwealth of Australia Constitution Act :-CaptainGeneral and Governor-in-Chief, Viscount Gormanston, K.C.M.G. AdministrationPremier and Attorney-General, the Hon. N. E. Lewis; Chief Secretary, the Hon. G. T. Collins; Treasures, the Hon. B. S. Bird; Minister of Lands, Works, and Mines, the Hon. E. Mulcahy; without portfolio, the Hon. F. W. Piesse.

VICTORIA.-Victoria is bounded on the north and north-east by a straight line drawn from Cape Howe to the nearest source of the river Murray, thence by the course of that river to the eastern boundary of the colony of South Australia, thence by that boundary to the Southern Ocean. It has an area of 87,885 square miles. Population, 31st Dec., 1899, 1,162,900; public revenue, 1898-9, £7,396,943. Executive Government at the passing of the Commonwealth of Australia Constitution Act :-Lieutenant-Governor, the Hon. Sir John Madden, K.C.M.G., C.J. Administration-Premier and Chief Secretary, the Hon. Allan McLean; Treasurer, the Hon. Wm. Shiels; AttorneyGeneral, the Hon. Wm. Hill Irvine; Solicitor-General, the Hon. John M. Davies ; Minister of Mines, Water Supply, and Railways, the Hon. Alfred R. Outtrim; Minister of Public Works and Agriculture, the Hon. Geo. Graham; Minister of Lands, the Hon. James McColl; Minister of Education and Trade and Customs, the Hon. Dr. Charles Carty Salmon; Postmaster-General, the Hon. Wm. A. Watt; Minister of Defence and Public Health, the Hon. Donald Melville; without portfolio, the Hou. James Balfour.

SOUTH AUSTRALIA. The original boundaries of the province, according to the statute of 4 and 5 Will. IV. c. 95, were fixed between 132° and 141" E. long. as its eastern and western boundaries, the 26° of S. lat. as its northern limit and bounded on the south by the Southern Ocean. The boundaries were subsequently extended; under the statute of 24 and 25 Vic. c. 44, a strip of land between 132° and 129° E. long. was added on October 10th, 1861. (Statesman's Year Book, 1899; Webb's Imperial Law, p. 99.) The total area of South Australia proper is 380,070 square miles; and including the Northern Territory it is calculated to amount to 903,690 square miles. Population, 31st Dec., 1899, 370,700; public revenue, 1898-9, £2,731,208. Executive Government at the pass

ing of the Commonwealth of Australia Constitution Act:-Governor and Commander-inChief, the Right Hon. Baron Tennyson, K.C. M. G.; Lieutenant-Governor, the Right Hon. Sir S. J. Way, Bart., J.C. Administration-Premier and Treasurer, the Hon. F. W. Holder; Chief Secretary, the Hon. G. Jenkins; Attorney-General, the Hon. John H. Gordon; Commissioner of Lands and Minister for Mines, the Hon. L. O'Loughlin]; Commissioner of Public Works, the Hon. R. W. Foster; Minister of Education and Agriculture, the Hon. E. L. Batchelor.

NORTHERN TERRITORY.-The Northern Territory of South Australia, formerly known as Alexandra Land, embraces an immense tract of country, and contains an arca of about 523,620 square miles. It is bounded on the north by the Indian Ocean-that portion of it known as the Arafura Sea; on the south by the 26th parallel of south latitude, which is the line of demarcation between it and South Australia proper; on the east by the 138th meridian of east longitude, which divides it from Queensland; and on the west by the 129th meridian of east longitude, which separates it from Western Australia. It also comprises all the bays, gulfs, and adjacent islands on its northern coasts. The eastern boundary line of this territory cuts the coast near the mouth of the Wentworth river, on the south-east coast of the Gulf of Carpentaria, and the western boundary near Cape Domett, in Cambridge Gulf. (Aust. Hand Book [1900], p. 390.)

66

The Home Government originally proposed to annex this territory to Queensland; but, in consequence of the favourable report given by Mr. John M'Douall Stuart (the explorer) of the country on the northern coast, the South Australian Government petitioned the Home Government for its annexation to South Australia. This request was granted, and by royal letters patent of 6th July, 1863, a supplementary commission' was issued extending the boundaries of that colony accordingly. The letters patent recited the provision of the Act (5 and 6 Vic. c. 76, sec. 51), empowering the Queen by letters patent to separate from New South Wales any part of the territory of that colony lying to the northward of 26° south latitude, and to erect the same into a separate colony or colonies (see p. 72, supra). They also recited the Act (24 and 25 Vic. c. 44, sec. 2), which empowered the Queen to annex to any Australian colony any territories which in the exercise of the above powers might have been erected into a separate colony; with a proviso that it should be lawful for the Queen in such letters patent to reserve the power of revoking or altering the same, and also on such revocation to exercise the power again. The letters patent then proceeded to declare that "We have thought fit, in pursuance of the powers so vested in Us, and of all other powers and authorities to Us in that behalf belonging, to annex, and we do hereby annex to Our said colony of South Australia, until We think fit to make other disposition thereof," so much of the colony of New South Wales as lies to the northward of 26° south latitude, and between 129° and 138° east longitude, together with the bays, gulfs, and adjacent islands; "and we do hereby reserve to Us, Our heirs and successors, full power and authority from time to time to revoke, alter, or amend these Our letters patent, as to Us or them shall seem fit." (Parl. Papers [S.A.]. 1896, Vol. ii., No. 113.)

WESTERN AUSTRALIA. - As defined by Royal Commission, Western Australia includes all that portion of the continent situated to the westward of 129° E. longitude. The greatest length of this territory from Cape Londonderry in the north to Peak Head (south of King George's Sound) in the south is 1,450 miles, and its breadth from Steep Point near Dirk Hartog's Island, on the west, to the 129th meridian, on the east, about 850 miles. According to the latest computation, the total estimated area of the colony is 975,920 English square miles, including islands. Population 31st December, 1898168,129; public revenue, 1898-9-£2,478,811. Executive Government at the passing of the Commonwealth of Australia Constitution Act :-Governor and Commander-in-Chief, Lieutenant-Colonel Sir Gerard Smith, K.C.M.G. Administration: Premier and Colonial Treasurer-The Right Hon. Sir John Forrest, P.C., K.C.M.G.; Commissioner of Railways and Director of Public Works-the Hon. F. H. Piesse; Minister for Crown Lands -the Hon. G. Throssell; Minister of Mines-the Hon. H. B. Lefroy; Attorney