nically they are or have been monarchies, are not worthy of grave consideration.

The British American provinces are:

Canada East.

Canada West.

New Brunswick.

Nova Scotia, with Cape Breton.

Prince Edward's Island.

Newfoundland.

British Columbia.

Vancouver Island.

Honduras.

British Guiana (≈).

In 1864 certain resolutions were adopted at a Conference of Delegates from the British North American Colonies as the basis of a proposed Confederation (a); and in 1867 the Earl of Carnarvon introduced into Parliament the North American Provinces Confederation Bill. The Bill provided that there should be a Governor-General, appointed by the Crown, receiving a salary from the Colonial funds. The Lieutenant-Governors of the respective provinces were to be appointed by the Governor-General, to hold office for five years. There was to be a general or central Parliament for the united Confederation, and local Legislatures for each province: the central Parliament to consist of an Upper Chamber and Lower House; the seventy-two members of the first to be elected for life, with power to the Crown to nominate not more than six members in certain cases; the Lower Chamber to consist of 181 members, to be elected for five years. The provincial Legislatures would be left to deal with all purely local matters, while all questions common to all the Confederated Provinces would be disposed of by the central Parliament. The delegates themselves suggested

Domingo in the Spanish part of the island. As to the claim of Spain to San Domingo, and the nominal cession, in 1861, to her of it by the Republican Presidents and the protest of Peru, see pp. 148-160, t. iv. 2o partie, Rec. gén. cont. of Martens, by Samwer.

(z) The French and the Dutch have also colonies in Guiana. (a) Ann. Reg. 1864, p. 293.

Canada as the name for the new Confederation, and the Queen gave her assent to that designation being adopted by it. The plan did not include Prince Edward's Island, British Columbia, Newfoundland, or Vancouver's Island; but it was to be hoped that in time those colonies would join the Confederation (b).

The Act of the Imperial Parliament containing these provisions for the Union of the provinces of Canada, Nova Scotia, and New Brunswick passed soon afterwards, and it enacted that the Queen in Council might declare, by proclamation, within six months from the passing of the Act, that those provinces should form one Dominion under the name of Canada, and that "such persons shall be first sum"moned to the Senate as the Queen by warrant, under her Majesty's royal sign manual, thinks fit to approve, and "their names shall be inserted in the Queen's Proclamation "of Union."

66

A Royal Proclamation was accordingly issued on the 21st of May, in which the persons were named who were to be first summoned to the Senate of Canada. The total number of these was seventy-two, thus distributed: twenty-four for the province of Ontario, twenty-four for the province of Quebec, twelve for the province of Nova Scotia, and twelve for the province of New Brunswick. The new Canadian Parliament was opened at Ottawa, the capital of the Confederation, by the Governor-General, Lord Monck, on the 7th of November (c).

CXXII. It is clear that no private associations (d) or companies can be now considered as substantive members of the community of States. The ancient confederation of the Hanse Towns is scarcely to be classed under the category of these private companies, which had at one time, as a distinct

(b) Ann. Reg. 1867, pp. 11, 281.

(c) Ib. p. 281.

(d) Heffters, ss. 13–29. Wheaton's Élém. 1. ii. c. i. s. 5, p. ix. Martens, 1. viii. c. ii. ss. 260-264. Vattel, 1. iii. c. i. s. 4. De M. et De C. l. i.

Index: Compagnie anglaise des Indes.

Federal Body, a persona standi in International Law. No analogy, however, can be derived even from them, applicable to modern companies, associated for the purpose of trade.

The British East India Company, which has now ceased to exist, has indeed exercised sovereign rights in respect to foreign nations, has made war and concluded treaties in its own name with Indian princes; but this power was delegated to it by the Crown and Parliament of England, and therefore the responsibility for the International acts of the Company rested upon Great Britain, as much as the acts of any other of her accredited public agents; and this company had no International status as a substantive community (e). States associated, for the purposes of trade, into a commercial league (f) may have a sort of International, or rather Public Law regulating the intercourse between the members of the league (y), upon the principle of the ancient adage "Ubi societas ibi jus est; " but States which are not members of this league are not bound to regard those who are such as being clothed, on that account, with any peculiar privileges in their general International relations.

CXXIII. This observation is applicable to all associations of States which are not founded upon universal principles of International Law, but framed for the advancement of some particular object; such, for instance, as associations for the suppression of the slave trade, or the great German commercial confederation called the Zollverein (h).

(e) See the case of the Nabob of the Carnatic v. East India Company, 1 Vesey, Jr. p. 371, and 2 Ib. pp. 56-60, as to the former anomalous International as well as National condition of the East India Company. (f) Klüber, ss. 150-153. Heffters, ss. 8, 93.

(g) For example: 1. Equality of rights and obligations among the members. 2. Apportionment of the common burthens according to the means and strength of each individual member. 3. That the original conditions of the association cannot be altered without the consent of every member, etc.-Vide Heffters, Ib.

(h) 1 De M. et C. Index to this title, and in Martens, Nouv. Rec. xlv. Lawrence's Wheaton (French ed.) i. 369–376.

CHAPTER VI.

EXTINCTION OF A STATE.

CXXIV. A STATE, like an individual, may die; its corporate capacity may be extinguished, its body politic may perish, though the individual members of it may survive.

CXXV. It ceases to exist when the physical destruction of all its members takes place, or when they all migrate into another territory-events scarcely to be contemplated as possible in the present times-or when the social bond is loosed, which may happen either by the voluntary or compulsory incorporation of the nation into another sovereignty, or by its submission, and the donation of itself, as it were, to another country. On the happening of any of these contingencies (a), a State becomes, instead of a distinct and substantive body, the subordinate portion of another society. The incorporation of Wales, Scotland, and Ireland into Great Britain; of Normandy, Brittany, and other provinces into France, are among the most familiar historical instances which illustrate this proposition. To these may now be added the kingdom of Italy, composed of States which have sought to be incorporated in her; and of Prussia, which has by force of arms possessed herself of her weaker neighbours' territories.

(a) Vattel, 1. i. c. xvi. 194. Heffters, b. i. s. 24. Klüber, pt. i. c. i. s. 23. Rutherforth, b. ii. c. x. ss. 12, 13. Wheaton's Élém. i, 33.

CHAPTER VII.

CHANGES IN A STATE.

CXXVI. BUT a State may undergo most important and extensive changes without losing its personality (a). It may be stripped of a portion of its subjects and its territory; it may place itself under the protection of another State, and be reduced to a semi-sovereignty; thereby, indeed, as has been shown, materially affecting its external relations, though retaining, in many respects, its corporate character: it may change its form of civil constitution or government from a Republic to a limited Monarchy, from an Aristocracy to a Despotism, or to any imaginable shape; but it does not thereby lose its personality, and does not therefore forfeit its rights, or become discharged from its obligations. The nation now governed by a Despot must pay the debt which she incurred under a Republican Government; the treaty con

(a) Grotius, lib. ii. c. ix. iii. i. "Idem si populus. Dixit Isocrates, et post eum Julianus imperator, civitates esse immortales, id est, esse posse, quia scilicet populus est ex eo corporum genere, quod ex distantibus constat, unique nomini subjectum est, quod habet ir pav, ut Plutarchus; spiritum unum, ut Paulus Jurisconsultus loquitur. Is autem spiritus, sive, in populo est vitæ civilis consociatio plena atque perfecta, cujus prima productio est summum imperium, vinculum, per quod respublica cohæret, spiritus vitalis quem tot millia trahunt, ut Seneca loquitur. Planè autem corpora hæc artificialia instar habent corporis naturalis. Corpus naturale idem esse non desinit, particulis paulatim commutatis, una manente specie, ut Alphenus ex philosophis disserit." This opinion of Alfenus is to be found in the Digest, 1. v. t. i. 76: "De judiciis et ubi quisque agere vel conveniri potest." A tribunal had been composed originally of certain judges; some of them during the hearing of the causes had retired, and others been substituted in their place: "Quærebatur, singulorum judicum mutatio eandem rem an aliud judicium fecisse. Respondi, non modo si unus aut alter, sed et si omnes judices mutati essent, tamen et rem eandem et judicium idem, quod antea fuisset, permanere."