for the most part by their respective Governments as subjects proper. Though not subjects in the full sense of the word, however, they are entitled to diplomatic protection when in foreign countries, and in foreign countries with independent Governments in which his Majesty's jurisdiction has been established by Order in Council (k) they are virtually in the same position as British subjects, being exempt from local laws. (1) And with regard to the subjects of the various states in India which are in alliance with his Majesty, it is provided by the Foreign Jurisdiction Act, 1890, that they shall be included amongst persons enjoying his Majesty's protection so as to come within the operation of any Order in Council extending to that class of persons. (m)

Classification of Protectorates.-The extent of interference by the Crown in matters of internal administration, or, in other words, the powers of internal sovereignty exercised by the Crown, forms a basis on which the various British protectorates may be classified, it being understood that in all cases the Crown controls foreign relations and exercises certain judicial jurisdiction over natives and British subjects, either by means of regularly established high courts of justice or by consular courts. The classification will then depend mainly on the amount of interference with internal legislation. From this point of view British protectorates may be classed in three broad groups.

Group I. comprises those protectorates in which the amount. of control exercised by the Crown is very nearly equivalent to that exercised in Crown colonies proper. Such protectorates differ from Crown colonies in little more than name, and apart from the fact that they have not been formally annexed and do not form a portion of British territory, and that the control exercised depends not upon conquest, cession, or settlement, but upon agreement with native rulers or chartered companies, or has been assumed without definite treaty or agreement, there is little to distinguish them from the latter.

(k) E.g. Persia, Siam; the Persian coasts and islands. (1) See Hall, Foreign Jurisdiction, p. 128.

(m) 53 & 54 Vict. c. 37, s. 15. For an example of such an order see the British Protectorates Neutrality Order in Council, 24th of October, 1904. (St. R. & O. 1904, Nos. 1653, 1716.)

The internal administration is regulated by Order in Council, and is entrusted either to the governor of some adjacent colony, (n) or to a governor and commander-in-chief, administrator, commissioner, consul-general, or resident appointed specially for the protectorate, who takes the place of a governor in a Crown colony, and whose powers are similar to those of the latter. Either alone, or with the assistance of his executive and legislative councils in cases where these have been constituted, he legislates by proclamation or ordinance, appoints and suspends public officers, judges, and magistrates, the approval of a secretary of state being sometimes required, and is assisted in some cases (as in East Africa and Nyasaland, (p)) by executive and legislative councils nominated by the Crown by instructions under the sign manual and signet, or through the secretary of state. As in the case of Crown colonies, the Crown reserves the right of veto and in some cases of legislating by Order in Council. The judicial system also is regulated by Order in Council or local ordinance, high courts of justice being established and lower tribunals under local magistrates. Appeal lies in some cases to the supreme court of some adjacent colony, or protectorate, and thence to his Majesty in Council; in other cases to his Majesty in Council direct. In some of the African protectorates jurisdiction, both civil and criminal, is specifically assumed by the Order in Council over all persons within the limits of the order, whether British subjects, natives, or foreigners. (q) In others, whilst jurisdiction is assumed over British subjects. and natives, the extent of the jurisdiction over foreigners has been left undetermined by the order. (r)

Nine protectorates may be placed in this group, some of which (e.g. East Africa, Somaliland, Nyasaland) were formerly

(n) E.g. the Southern Nigeria Protectorate (see Order in Council, 16th Feb., 1906) now amalgamated with the Northern Nigeria Protecterate under the name of the Nigeria Protectorate, of which the administration is entrusted to the governor and legislative council of the colony of Southern Nigeria. Similar powers are exercised by the governor and legislative council of the colony of Sierra Leone for the Sierra Leone Protectorate. (See Order in Council, 7th March, 1913.)

(p) See the East Africa Order in Council, 22nd October, 1906; and the Nyasaland Order in Council, 6th July, 1907.

(1) This is the case in the East Africa protectorate, Somaliland, and Uganda. (For the various Orders in Council see the Statutory Rules and Orders.) (r) This is the case in Nigeria and Nyasaland.

under the Foreign Office; they are now controlled by the Colonial Office.

These Colonies are―

Nigeria (the former protectorates of Northern and
Southern Nigeria having been amalgamated), (rr)
The Western Pacific (including the New Hebrides, and
Banks and Torres Islands), (8)

Swaziland.

The East Africa Protectorate,

Somaliland,

Uganda,

Nyasaland (formerly British Central Africa), (t)
Territories adjacent to Nigeria,

The Northern Territories of the Gold Coast. (x)

Group II. comprises two protectorates, which occupy an intermediate position between Group I. (where full control of the legislative and judiciary is assumed by the Crown) and Group III. (where the internal administration is left almost entirely in the hands of the existing Government). These areSouthern Rhodesia,

Northern Rhodesia (Barotziland and North-eastern
Rhodesia having been amalgamated).

In these the internal administration is left largely in the hands of the British South Africa Company, (y) but in reality is controlled by the Crown, either through the secretary of state or the high commissioner for South Africa.

(rr) By Order in Council of 22nd November, 1913.

(s) See Order in Council, 1907.

(t) See the Nyasaland Order in Council, 6th July, 1907, by which the name of the British Central Africa Protectorate was changed to Nyasaland, and a governor and commander-in-chief appointed with executive and legislative councils.

(u) These territories are governed rather as though they formed part of the adjacent colonies than as protectorates proper, the Legislative Councils of the Nigeria, Gambia, and Sierra Leone colonies respectively having the power of legislating by ordinance subject to the veto of the governor or the Crown. See the Gambia Order in Council, 1893 (St. R. & O. 1903, p. 311), and the Sierra Leone Order in Council, 1913.

(x) The governor of the Gold Coast Colony exercises the jurisdiction of his Majesty; appoints a resident commissioner, judges, etc.; and legislates by proclamation subject to disallowance by his Majesty in Council or through a secretary of state.

(y) Incorporated by charter, 29th of October, 1889.

In both protectorates an administrator, appointed by the Company with the approval of the secretary of state, administers the government, and there is also a resident commissioner appointed by the secretary of state. The administrator acts with the advice of an executive council composed of the administrator as president (who has a casting vote) with the resident commissioner (who may be present and speak but may not vote), and not less than three members appointed by the Chartered Company with the approval of the secretary of state. In Northern Rhodesia the senior judge is also an ex officio member.

In Southern Rhodesia there is a legislative council composed of the administrator with the resident commissioner and six members nominated by the Company, and twelve elected members. Ordinances made by the administrator and legislative council are subject to the veto of the high commissioner for South Africa.

In Northern Rhodesia the high commissioner for South Africa legislates by proclamation after consulting the administrator.

In both protectorates ordinances or proclamations affecting revenue matters, or certain rights of the Chartered Company, require the previous approval of the latter.

High courts of justice have been established by Order in Council in both protectorates, from which appeal lies to his Majesty in Council. (z)

Group III. comprises five protectorates—

Zanzibar,

Brunei,

The Federated Malay States.

Sarawak, (b)
North Borneo,

In these the internal administration is left almost entirely in the hands of the native government, or, in the case of North Borneo, in the hands of the British North Borneo Chartered Company, internal independence having been secured to them by the terms of the treaty or agreement by which the protectorate is constituted.

The Crown, however, exercises the right of constituting

(z) See the Southern Rhodesia Orders in Council, 1898, 1903, 1904, 10th August, 1909, and 4th May, 1911. As to Northern Rhodesia, the Northern Rhodesia Orders in Council, 4th May, 1911; 11th February, 1913.

(b) The history of Sarawak is interesting. The government was granted to Sir James Brooke (known as Rajah Brooke) by the Sultan

consular courts with jurisdiction over British subjects, and over natives to a limited extent. In Zanzibar and Brunei, as to suits in which foreigners are concerned, the consent of the foreigner, and of the authority representing his Government, to the jurisdiction must first be filed. (c)

In the case of the Federated Malay States (comprising Perak, Selangor, Negri Sembilan and Pahang, a British resident general, styled "chief secretary" (under the governor of the Straits Settlements who is also high commissioner) together with residents in each state are appointed under an agreement made with the various states in 1895, under which each state retains its own native government, the British resident, however, controlling the foreign relations of the state, and exercising jurisdiction over British subjects, for which purposes a supreme court and court of appeal, together with inferior magistrates' courts are constituted.

By a treaty, concluded in 1909, the Siamese Government transferred to Great Britain all its rights of suzerainty, protection, and control over the States of Kelantan, Trenganu, Kedah and Perlis, with the islands adjacent, lying to the north and north-east of the Federated Malay States, the latter assuming the indebtedness of the transferred states to Siam.

The control of foreign relations in Johore (one of the Malay States) was handed over to Great Britain in 1885, by the Sultan of Johore, the latter also agreeing to receive a British agent.

Spheres of Influence.

European States frequently come to mutual understandings to respect certain territories as being within the "sphere of influence" of some particular state. When such an understanding has been arrived at the particular state is recognized to possess the moral right to exclude other of Brunei in 1842, and further concessions of territory were made in 1861, 1882, 1885, and 1890. An agreement was made with Rajah Brooke in 1888, by which Sarawak became a British protectorate, his Majesty's Government having power to settle questions relating to succession, and the right to establish consular agencies and control foreign relations, but no power to interfere in the internal administration.

The present "Rajah" is Sir Charles Johnson Brooke, nephew of Sir James Brooke. (See Herts. Comm. Treat., xviii. p. 227.)

(c) See the Zanzibar Orders in Council, 1897 and 1903, and the Brunei Order in Council, 1901.