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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 are unimportant compared with those on the British North America Act. They 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.

For the immediate purpose it is only necessary to call attention to 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.

The Government of South Africa, 2 vols., Cape Town, 1908, issued to promote the cause of closer union, contains much useful matter; and 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 Federation in European countries, see:—

Governments and Parties in Continental Europe, by A. Lawrence

Lowell, 2 vols., 1896. Vol. ii deals with the working of the federal system in Germany and Switzerland.

The Swiss Confederation, by Sir F. O. Adams and C. D. Cunningham, 1889.

On the referendum, as working in a federal constitution, consult Lowell, op. cit., chap. xii, on 'Switzerland; the Referendum and the Initiative'. (We have not to consider here the question how far the referendum could be introduced into the British Constitution.)

There are useful chapters on Second Chambers in the Dominions in:

Second Chambers, by J. A. R. Marriott, 1910.

And in Senates and Upper Chambers, by H. W. V. Temperley,

1910.

Modern Constitutions, by W. F. Dodd, 1909, contains the fundamental laws of no less than twenty-two countries.

Though in some ways the British Constitution may have changed since Bagehot wrote his English Constitution, it is still of abiding value, especially in this connexion, for the comparison of Parliamentary with Presidential government. See also The Governance of England, by S. J. Low, 1904.

The standard works on the English Constitution are The Law and Custom of the Constitution, by Sir William R. Anson, 3 vols. (vol. i, Parliament; vols. ii and iii, The Crown), 3rd and 4th ed., 1909; Introduction to the Study of the Law of the Constitution, by A. V. Dicey, 7th ed., 1908; and The Government of England, by A. Lawrence Lowell, 2 vols., 1908.

INDEX

Adams, John Quincy, 9.
Adelaide, 61, 62.
Afrikander Bond, 80.
Albany, plan of union, 15, 17.
Alberta, Province of, 35.
American Colonies, see Confedera-
tion of 1643: also under Penn
and Franklin.

Annotated Constitution of the Aus-
tralian Commonwealth, by Quick
and Garran, 7.

Australia Constitution Act, see
Commonwealth of Australia Con-
stitution Act.

Australian Association, 46.
Australian Constitution, Report of
Committee on proposed, 1849,
168-84.

Australian Federation League, 60.
Australian Natives Association,
60, 61.

Bagot, Sir Charles, Colonial Go-
vernor, 25.

Baker, Sir Richard, Australian
Statesman, 63.

Barkly, Sir Henry, Colonial Go-
vernor, 71.

Barton, Mr., Australian States-
man, 61.

Basutoland, 77.
Bechuanaland, 77.
Bermuda, 22.

Bibliography, 292-6.
Bismarck, Prince, 52.

Blachford, Lord, Letters by, 39.
Bloemfontein Convention, 86.
Board of Trade, 13, 14, 15.

Boer Republic, 73, 74.

Boers, 'trek' of the, 68.
Boer War, 74.

Boston, 8, 10, 108, 111, 112.
Botha, General, 79, 83, 85.
Braddon Clause, the, 59, 63, 64, 65,
216 n.

Brand, Hon. R., 83, 87.
Brand, President, 72, 83, 85, 86,
87, 88.

British Columbia, 36, 37, 38, 167.
British North America Act, 1867:
17-40, 72, 121-68.

1. Preliminary, 122.
2. Union, 122-3.

3. Executive Power, 123-6; posi-
tion of Governor-General, 124-5.

4. Legislative Power, 126–38. A.
The Senate qualifications of,
127-8; numbers of, 129. B.
House of Commons: constitution
of, 131; electoral districts of the
Four Provinces, 131-6; Ontario,
131; Quebec, 132; Nova Scotia,
132; New Brunswick, 132; writs
for election, 133; representation,
135-6. C. Money Votes: Royal
Assent, 136-8.

5. Provincial Constitutions, 138-
47; executive power, 138-41;
position of Lieut.-Governor, 138-
40; legislative powers-Ontario,
141; Quebec, 141-2; Ontario and
Quebec, 143-5; Nova Scotia and
New Brunswick, 145; Ontario,
Quebec, and Nova Scotia, 145.

6. Distribution of Legislative
Powers, 147-55: A. Powers of
Parliament, 147-9. B. Exclusive
powers of Provincial Legislatures,
149-50. C. Education, 151-4. D.
Uniformity of Laws in Ontario,
Nova Scotia, and New Brunswick,
154. E. Agriculture and Immi-
gration, 155.

7. Judicature, 155-6; judges,
155; Court of appeal, 156.

8. Revenues, debts, assets, taxa-
tion, 156-61; grants to Provinces,
159.

9. Miscellaneous Provisions, 161-
6; continuance of officers, 162–
3; English and French languages,
163.

10. Intercolonial Railway,166–7.
11. Admission of other Colonies,
167-8.

Brown, George, Canadian States-
man, 27, 28, 29, 30, 31, 39.

Canada, Upper, 23, 24, 25, 26, 29.
Canada, Lower, 23, 26.
Canadian Confederation, 17-38.
Canadian Constitution, see British
North America Act, 121.
Canadian Constitutional Develop-
ment, by Egerton and Grant, 17.
Canadian Pacific Railway, 37, 38.

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29.

Chartered Company, The British
South African, 86.
Chinese coolies, 76.
Colonial Constitutions, compari-
son between, 90, 91, 92, 93.
Colonial Parliaments, Compari-
son between, 97.
Commonwealth of Australia,40-67.
Commonwealth of Australia Con-
stitution Act, 1900; the Com-
monwealth of, 185-230.

1. The Parliament, 188-208.
A. General, 188-9. B. The Se-
nate, 189-93; qualification of
electors, 190-1; qualification of
senators, 192. C. House of Repre-
sentatives, 194-7; constitution
of, 194; representation, 195;
writs, 196; qualification of mem-
bers, 196. D. Both Houses of
Parliament, 198-200; relation
of members of either House,
198; position, privileges, &c., of
members, 199-200. E. Powers
of the Parliament, 200-8; dis-
agreement between the Houses,
206-7; Royal assent to Bills, 207.
2. The Executive Government,
208-10.

3. The Judicature, 210-4;
judges, 211; the High Court,
211-4.

4. Finance and Trade, 215-23;
transfer of officers, 215; transfer
of property, 216-7; customs,
218; free trade within the com-
monwealth, 218-9; debts, 222-3.

5. The States, 223-6.

6. New States, 226.
7. Miscellaneous, 227.

8. Alteration of the Constitu-
tion, 228.

Schedule and Affirmation, 230.
Confederation Documents, by Mr.
Pope, 30, 33.

Confederation in Canada, 20-38;
comparison between situation at
time of and situation in South
Africa in 1876. See also Cana-
dian Confederation.
Confederation in South Africa,
66-77. See also South Africa Act.
Confederation of New England
Colonies, 1643, 103–11.
Confederation Law of Canada,
commentary on, by Mr. Wheeler,

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D'Aulnay, French Governor of
Acadia, 10.

Deakin, Mr., Australian States-
man, 62.

Deas-Thomson, E., 41; New South
Wales Statesman, 46.
Delagoa Bay, 79, 80.

De la Tour, French claimant to
Acadia, 10.

Denison, Sir William, Colonial
Governor, 45.

Derby, fifteenth Earl of, 52.
De Wet, 83.

Dibbs, Mr., New South Wales
Statesman, 55.

Dicey, Professor, 8, 53, 93, 121 n.
Dominion, The, 34-40. See also
under British North America Act.
Dorion, Antoine, French-Canadian
Statesman, 31.

Drakensberg Mountains, 86.
Draper, Canadian Chief-Justice,
28.

Duffy, Gavan, Victorian States-
man, 47, 48, 49, 50.

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