crap. 111] THE UNION OF SOUTH AFRICA 997
of conditions for the government of the native territories
which may be transferred, viz. Bechuanaland Protectorate,
Basutoland, and Swaziland. These conditions will be dealt
with fully in a later chapter.
In all probability the procedure of including these provi-
sions in the schedule to the Act, which was due to the wishes
of the Imperial Government, secures a more satisfactory
settlement of the terms of transfer than would be arrived at
if the matter were left for negotiation afterwards between the
Union and the Imperial Government. As part of the Union
Act, the provisions will represent a compromise under which
it may be expected that the interests of the territories will be
at least as adequately provided for as could be done later.
At present the territories in question are administered by
the Imperial Government through the High Commissioner
for South Africa, who alone possesses legislative power in
those territories. They are held on different titles : Bechu-
analand is a Protectorate, and the power of the High Com-
missioner is theoretically derived from the Foreign Jurisdic-
tion Act, 1890! Basutoland is a Colony by cession, and the
power of the High Commissioner rests on the royal pre-
rogative to legislate for a Colony by cession or conquest.
Swaziland was a Protectorate of the late South African
Republic in which de facto, if not de jure, the South African
Republic had before the annexation acquired full legislative
power, and the High Commissioner legislates for Swaziland
by virtue of the authority thus acquired by the South African
Republic and transferred, on annexation of the Transvaal,
to His Majesty.2 In each case Orders in Council have been
a fresh Act; see 18 & 19 Viet. c. 56, s. 5, which seems to contemplate
continued government under the authority of the Queen in Council. Cf.
Parl. Pap., C. 8358. In 1880 all North America not already Canadian
was granted to the Dominion by Order in Council of July 31; for the
legal authority for the act, see the Colonial Boundaries Act, 1895.
Possibly also in part as a Colony by conquest or cession; Reg. v.
Jameson, [1896] 22 B. 425. But cf. the (unreported) Privy Council judge-
ment in R. v. Styles, January 27. 1899; Rex v. Crewe, ex parte Sekgome,
[1910] 2 K. B. 576.
* Formally the power is exercised under the Foreign Jurisdiction Act, 1899.
Ct. The Government of South Africa, i. 36,37; Parl. Pap., H. C. 130, 1905.
