1262 ADMINISTRATION AND LEGISLATION [parRT V 
Commander-in-Chief. It was necessary on that occasion 
also to administer martial law throughout the country,! and 
the steps taken were validated by Acts of the Natal and 
Cape Legislatures in due course, and so in the Transvaal 3 
and the Orange River Colony. 
The military forces of the Dominions are in every case 
raised and provided for by the local Acts passed in virtue 
of the general legislative powers of the Parliaments in 
question. In the case of Canada, the Dominion alone has, of 
course, power to deal with military defences. In the case 
of the Commonwealth, the Commonwealth has, by s. 51 (vi) 
of the Constitution, power to legislate for the naval and 
military defences of the Commonwealth and of the several 
states, and of the control of the forces to execute and maintain 
the laws of the Commonwealth, and, by ss. 52 and 69, sole 
power to legislate for the defence departments. This power 
is not an exclusive power, but by s. 114 of the Commonwealth 
Constitution a state is not able without the consent of the 
Parliament of the Commonwealth to raise or maintain any 
naval or military forces, while by s. 119 the Commonwealth 
shall protect every state against invasion, and, on the applica- 
tion of the executive government of the state, against 
domestic violence. Accordingly in 1900, when new letters 
patent were issued for the Australian states, it was expressly 
provided that the Governor-General alone should be termed 
Commander-in-Chief, and that the Governors, who had 
hitherto been in addition to Governors also Commanders- 
in-Chief in their states, should cease to hold that position, as 
normally there would no longer be in the states armed forces 
ander the control of the State Governors. 
In all the Dominions the Governor or Governor-General 
See Parl. Pap., C. 081, 1364, 1423. For the Colonial forces, see Cd. 18 
and 469 ; Canada Sess. Pap., 1900, No 20, 49. 
* Mr. Schreiner, Cape Premier, once contemplated the Cape remaining 
neutral to avoid the danger of rebellion, but this was impossible in law and 
fact ; see Cana, South Africa, pp. 184, 185, 206; Debates, 1899, p. 333. 
® See Cape Acts Nos. 6 of 1900; 4-6, 10 of 1902; Natal, Nos. 15 of 
1900; 41 of 1901; 22 and 30 of 1902; 26 of 1903 ; Transvaal, Nos. 38 of 
1902 ; 22 of 1903 ; Orange River Colony, No. 25 of 1902.