cEaP. 1] THE UNION OF SOUTH AFRICA 1001
trouble, as was seen in 1910 when the proposal to alter the
financial provisions of the Act-were rejected at the referendum,
though the Act to enable the Commonwealth to take over
all the debts of the states was accepted and became law as
Act No. 3 of 1910, while in 1911 two referenda failed.
In the case of the Union, as no real attempt is made at
a federation there would appear to be no objection to the
power of simple alteration, which is in keeping with the
existing practice in the Colonies of South Africa. In Natal
and the Cape! constitutional alterations needed no special
form of legislation whatever, and the only requirement in the
case of the Transvaal and the Orange River Colony 2 was that
the Bills for such alterations must by law be reserved. The
only need for special provision arises, therefore, from the
desire to make certain parts of the Constitution especially
sacred, such as the representation of the provinces in the
Assembly, the use of the Dutch language, and the Cape native
vote. The equal representation of the provinces in the Senate
is not subjected to provincial control.
Further, of course, the restriction imposed on the Trans-
vaal and Orange River Colony Legislatures as to legislation
affecting differentially natives, or allowing the immigration
of indentured coloured labour and the temporary withdrawal
from their power of land settlement, must disappear with
union® It should, however, be noted that the Imperial
Government thus surrenders a good deal, for the legislation
of the provinces will be wholly removed from its direct
control.
While, however, the first convention was prepared to leave
the amendment of the Constitution to Parliament subject
Cf. The Government of South Africa, i. 444, 448, 449 (on pp. 443, 451
the case of Newfoundland is overlooked).
® Ibid., p. 452. The theory there and elsewhere expressed that the
egislature cannot amend the letters patent constituting the office of
Governor is quite erroneous.
® See Hansard, ser, 4, clxvii, 1064 seq. The broader view of such
questions natural to the Union is seen in the immigration Bill of 1911
of the Union, with its abandonment of nominatim discrimination; see
Parl, Pap., Cd. 5579, and cf. Cd. 5363.