in Chapters XI. and XII.

[83] In the Federal Constitutions of Australia and Canada the central
Federal Parliament is responsible for the colonial defences, but the
Provinces or States are, of course, represented in the Federal
Parliament.

[84] Commonwealth of Australia Constitution Act, 1900, Sec. 58, and
British North America Act, 1867, Sec. 15. Until quite recently it was
the custom always to give the command of the Canadian Militia to a
British officer lent to Canada. The present Commander, however, is a
Canadian.

[85] See Appendix.

[86] A Colony may make local regulations to carry out an Imperial Law
about extradition and neutrality, but may not touch the law.

[87] For the constitutional position of self-governing Colonies, the
author owes much to Mr. Moore's "Commonwealth of Australia."

[88] The Commonwealth of Australia Constitution Act, 1900, and the
British North America Act, 1867, in order to delimit the respective
powers of the Federal and Provincial Legislatures, set out a list of
subjects on which the Federal Parliament has exclusive or collateral
power to legislate. There is implied, of course, a pre-existing right on
the part of the Colony, as a whole, _qua_ Colony, to legislate on the
matters referred to in the list. But the pre-existing right is subject
to any pre-existing constitutional or statutory limitations. _E.g.,_
"Naturalization and Aliens" is in the list of Commonwealth powers (Sec.
51, xix.), and of the Canadian powers (Sec. 91, xxv.), but the power of
any Colony is limited by Acts of 1847 and 1879 to giving naturalization
within its own borders. (At the Imperial Conference of 1911 a scheme was
foreshadowed for standardizing naturalization throughout the Empire.)

"Copyright" is also in both lists, but the colonial power is limited by
the International Copyright Act of 1886, which, by Sec. 8, implies that
a "British possession" may only make laws "respecting the Copyright
within the limits of such possession of works produced in that
possession." This Copyright Act is an example of implied limitation and
sanction together. The Coinage Act of 1853 is an example of implied
sanction only, in empowering a Colony to legislate as if the Act had not
been passed. Another class of Imperial Acts confers _direct_ powers to
legislate on certain subjects--_e.g.,_ the Australian Colonies Custom
Duties Act of 1873 (removing the restrictions imposed upon intercolonial
duties in 1850). The Natural