A Federal South Africa

system which preceded the revolt of the American. colonies ("Expansion of England,” p. 67); much more, then, is it fatal to-day to attempt to treat South Africa, regarded as a whole, as if it were a Crown colony governed through the machinery of an Imperial Secretary and a High Commissioner. I may adduce the high authority of Mr. Porter against the separation of the function of High Commissioner from that of Governor of the Cape Colony.

Mr. Porter had been Her Majesty's AttorneyGeneral of the Cape of Good Hope for twenty-six years, from 1839 to 1865, thus holding this office long before the name High Commissioner had ever been used in connection with South Africa. During the course of a debate in the Cape Parliament, of which he had then become a member, Mr. Porter, in the year 1873, pointed out that the High Commissioner and Governor are really one, that the name had first arisen when Sir Henry Pottinger was Governor in 1847, and had been introduced then only to give a friend of the Governor's a high sounding title of Secretary to the High Commissioner-there was no distinction of duties or function, and no salary. "I do not know," said Mr. Porter, "that there is any political necessity for the office of High Commissioner, I could see it abolished to-morrow without the slightest possible regret. . . I do not think that the High Commissioner, who is also Governor, ought to do anything for which his responsible advisers are not responsible. I apprehend this to be a constitutional principle. . . . I think whether you retain the name, or whether you discard the name, his

responsible advisers should be responsible for his proceedings."

To those who think the High Commissioner necessary for guarding Native interests, I would commend a consideration of the fact, that the ablest, the most consistent, the wisest, and the most effective guardian that the Natives of South Africa have ever had, Mr. Saul Solomon, joined in Mr. Porter's protest against the danger of creating the function of the High Commissioner; and that he had in an earlier Parliament moved and carried a resolution abolishing the salary of the High Commissioner, which had been first drawn when the Governor of the Cape became Governor of British Kaffraria. Had this wise policy been adopted, the history of South Africa would have been entirely different. The purposes of English statesmen would have been modified by the ripe experience of colonial statesmen, who were also Englishmen ; there would have been no forcible annexation of the Transvaal-for the late Sir John Molteno, the then Premier of the Cape, was utterly and entirely opposed to it—and none of that ill-feeling in South Africa which is directly traceable to that monstrous and iniquitous act.

Let Englishmen remember that English hearts beat high and truly even where English judgment has been informed by African experience, and I would commend to them and to all men, whether in England or South Africa, the noble words of Saul Solomon, who, in protesting against the Act annexing British Kaffraria, which had been passed by the English Parliament at the instance of the autocratic

Sir Philip Woodehouse, and which was being held in terrorem over the Cape Legislature, said, “I admit the change is necessary, but, I say, let it be submitted to us like men. I am sure the colony is proud to be connected with Great Britain ;-(cheers)-to live under the flag of England, which speaks of material wealth and commercial enterprise, and a power of arms which have been the admiration of the world. But it speaks also of better and higher things. It speaks of a system of laws and principles which have been the growth of ages, and which are the glory of England's people. These laws and principles we ought not to surrender if we possess the power of defending them. These laws and principles are the heritage of England's children and her children's children. Such constitutional resistance as we are now offering will not be looked upon by the people or the Parliament of England as a proof of disloyalty, but as a proof of our loyalty, and that we will not allow their rights to be invaded in our persons, nor their principles to be trampled upon in the colony of the Cape of Good Hope."

If a Federal union be formed of all the colonies and states, England can then step aside and allow this Federation to manage all its internal affairs. Until this union is formed it is not easy for England to withdraw, as it is desirable that it should do in its own interest, and in the interest of the peaceful and united development of South Africa.

This little work was about to go to press when the terrible news of recent events at the Cape came to hand. It will be for the reader to judge

how far the dangers which I have there foreshadowed have in some instances been brought into active operation, and he will gain a keener appreciation of the arguments in the text for the necessity of union.

I have made more than the usual drafts upon the actual text of the writers upon whose assistance I have so greatly relied, particularly in describing the machinery of the American Constitution, and I must at once acknowledge my extreme indebtedness to the American author, Professor Fiske, whose valuable works have given us such a clear insight into the critical periods of American history; and I am equally indebted to Mr. Bryce, whose monumental work on the American Constitution has done more than any other to arouse an interest in, and afford a source of knowledge to the student of American history and institutions. The Federalist has always been at hand, and I have taken the liberty of drawing largely on that splendid collection of arguments on Federal government; while Freeman's "Federal Government," unfortunately never completed, has given me useful aid.

I have to thank Sir George Grey for valuable help and encouragement, and Mr. W. F. Sheppard for his careful criticisms made while the work was passing through the press.

Jan., 1896.

P. A. MOLTENO.

CONTENTS.

CHAPTER I.

INTRODUCTORY.

Statement of problem-Successful solution of similar pro-

blem in America-Value of these results for South

Africa-Origin of separate states in South Africa-

Unwise policy of British Government-Re-union

never lost sight of Unfavourable influence of Sir

Philip Woodehouse's action-Favourable influence of

grant of Responsible Government to Cape Colony—