into and consumed in the territories, and there shall be paid out of the Treasury annually towards the cost of administration of each territory a sum in respect of such duties which shall bear to the total customs revenue of the Union in respect of each financial year the same proportion as the average amount of the customs revenue of such territory for the three completed financial years last preceding the taking effect of this Act bore to the average amount of the whole customs revenue for all the Colonies and territories included in the Union received during the same period.

13. If the revenue of any territory for any financial year shall be insufficient to meet the expenditure thereof, any amount required to make good the deficiency may, with the approval of the Governor-General in Council, and on such terms and conditions and in such manner as with the like approval may be directed or prescribed, be advanced from the funds of any other territory. In default of any such arrangement, the amount required to make good any such deficiency shall be advanced by the Government of the Union. In case there shall be a surplus for any territory, such surplus shall in the first instance be devoted to the repayment of any sums previously advanced by any other territory or by the Union Government to make good any deficiency in the revenue of such territory.

14. It shall not be lawful to alienate any land in Basutoland or any land forming part of the native reserves in the Bechuanaland protectorate and Swaziland from the native tribes inhabiting those territories.

15. The sale of intoxicating liquor to natives shall be prohibited in the territories, and no provision giving facilities for introducing, obtaining, or possessing such liquor in any part of the territories less stringent than those existing at the time of transfer shall be allowed. 16. The custom, where it exists, of holding pitsos or

other recognised forms of native assembly shall be maintained in the territories.

17. No differential duties or imposts on the produce of the territories shall be levied. The laws of the Union relating to customs and excise shall be made to apply to the territories.

18. There shall be free intercourse for the inhabitants of the territories with the rest of South Africa subject to the laws, including the pass laws, of the Union.

19. Subject to the provisions of this Schedule, all revenues derived from any territory shall be expended for and on behalf of such territory: Provided that the GovernorGeneral in Council may make special provision for the appropriation of a portion of such revenue as a contribution towards the cost of defence and other services performed by the Union for the benefit of the whole of South Africa, so, however, that that contribution shall not bear a higher proportion to the total cost of such services than that which the amount payable under paragraph 12 of this Schedule from the Treasury of the Union towards the cost of the administration of the territory bears to the total customs revenue of the Union on the average of the three years immediately preceding the year for which the contribution is made.

20. The King may disallow any law made by the Governor-General in Council by proclamation for any territory within one year from the date of the proclamation, and such disallowance on being made known by the GovernorGeneral by proclamation shall annul the law from the day when the disallowance is so made known.

21. The members of the commission shall be entitled to such pensions or superannuation allowances as the Governor-General in Council shall by proclamation provide, and the salaries and pensions of such members and all other expenses of the commission shall be borne by the territories in the proportion of their respective revenues.

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; Lord Durham's Report on Canada, reissued 1902; 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' in 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