cuar.1] POWERS OF DOMINION PARLIAMENTS 367
powers, though it has altered its composition. The same
remark applies to Antigua, Dominica, Montserrat, St. Kitts,
and Nevis, which all have shorn themselves of their former
greatness, but still retain constituent powers.
The question of the power of a Colony to alter its constitu-
tion was considered when the correspondence was proceeding
as to the grant of self-government to the Cape. There was
a movement in the Colony in favour of federation, and that
movement included proposals on the one hand for the
division of the Colony into provinces, and on the other hand
for union with the Dutch republics in South Africa.
The Governor! found to his embarrassment that the
Attorney-General declared that it was possible for a
Colonial Legislature to make provision for the division of
the Colony into provinces, and also to make provision
for its entering upon a federation. The Governor there-
fore applied to the Secretary of State for instructions.
He pointed out that it appeared clear that there was no such
power in the Colonial Legislature as was attributed to it by
the Attorney-General. In the case of Canada it had always
been assumed that an Imperial Act 2 was requisite to create
federation, and in the case of New Zealand, the power of
the New Zealand Parliament to establish new provinces,
though it might seem to be intended to be given by the
Constitution Act? was so doubtful that it had been found
necessary to validate Acts passed in respect of the provinces
by Imperial legislation.
The Secretary of State consulted the law officers, and
informed the Governor in a dispatch of November 16, 1871,°
that he was right in thinking that the views of the Attorney-
General were incorrect. It was impossible for a Colony to
create provinces except in the sense of setting up municipal
institutions ; it could not delegate the legislative power
granted to it, and the power which it possessed was to
\ See Parl. Pap., C. 508, pp.10-3. * 30 Viet.c.3. * 15& 16 Vict. c. 72.
t 94 & 25 Vict. ¢. 30; 25 & 26 Viet. c. 48; 31 & 32 Viet. ¢. 92.
+ Parl. Pap., C. 508, pp. 13, 14, Soin 1871 the Leewards Federation was
created by Imperial Act.
