2. EXTENT OF AUTONOMY.

a. Organization of Government.

A federation of Provinces having local self-government.

Executive authority.-Exercised nominally by a GovernorGeneral appointed by the British Crown, with the help of a privy council appointed by the Governor-General, but exercised actually by a cabinet (privy council) subject to the control of the Federal Parliament.

Legislative authority.-A Parliament consisting of the British Crown and of a Senate and House of Commons; the members of the Senate are nominated for life theoretically by summons of the Governor General, but actually at the dictation of the cabinet; the House of Commons is elected by the people. In the Senate the representation of the Provinces is on an unequal basis approximating population; in the House of Commons it is strictly according to population.

b. Powers of Government. Restrictions imposed.

There are no specific restrictions imposed upon the Canadian Federal Parliament in favor of the mother country; the Governor General may theoretically withhold his assent from a bill, but as a matter of practice he never does so; he may, however, "reserve" a bill for the royal assent. Moreover, there exists a right of appeal from the supreme court at Ottawa to the British privy council, upon which, however, Canada has representation. In relation to the Provinces the Federal Parliament possesses all powers not specifically assigned to the Provinces.

Immigration and emigration.

Canada has full control over the regulation of immigration and emigration; it has also the power of naturalizing aliens, who thereupon acquire Canadian citizenship as distinct from British citizenship.

Fiscal affairs.

Canada has full control over her revenues and expenditures as well as control over the coinage, over the extent and form of her public debt, and over banks and banking. Trade relations.

"By the terms of the British North America act the power to raise money by any system of taxation was stated to be within the legislative power of the Canadian Parliament, and it is under the provisions of a Canadian act that customs duties are levied. The tariff at present in force is

that known as the customs tariff of 1907, which contains three schedules: (1) The list of articles subject to duty and those entering duty free; (2) the list of articles subject to drawback for home consumption; and (3) a list of prohibited goods. The first schedule gives the rates of duty in separate columns headed, respectively, 'British preferential tariff,' 'Intermediate tariff,' and 'General tariff. Those rates of duties, if any, set forth in the first column apply to goods the produce or manufacture of the United Kingdom and most of the British dominions. The intermediate tariff is intended to apply to goods to which its benefits shall have been extended by arrangement as in the case of the treaty with France. By order in council the benefit of the intermediate tariff has since been extended in part to Belgium, the Netherlands, and Italy. The general tariff applies to all goods not entitled to admission under the intermediate tariff or under the British preferential tariff."

[Oxford Survey of the British Empire. America, p. 255.]

Treaty-making competency.

Imperial commercial treaties are binding upon Canada only when adhered to by Canada, and provision is made for the separate withdrawal of Canada from such treaties. Separate commercial treaties may be made between Canada and other States, but the negotiations are conducted through the British Foreign Office. Of recent years informal commercial agreements have been entered into by direct negotiations between the Canadian Government and the consuls of foreign States. The proposed reciprocity agreement with the United States in 1911 was negotiated directly with the United States Government, though the British ambassador at Washington was in constant communication with the Canadian ministers. Political treaties have never been subject to the control of Canada to the same extent as commercial treaties, but in practice the Canadian Government has been consulted by the British Government before treaties relating to Canada have been adopted, and in certain cases (as in the arbitration treaties with the United States in 1908) the British Government has stipulated that in the case of matters affecting the interest of Canada the concurrence of that State must be obtained in the special agreement to arbitrate.

CONGO FREE STATE (1885-1908).

INTERNATIONAL STATUS.

Neutralized State.

1885, Feb. 26.-General act of the Congo Conference of Berlin. Article X provides: "In order to afford a new guarantee of security to commerce and to industry and, by the maintenance of peace, to favor the development of civilization in the countries mentioned in Article I and placed under the régime of freedom of commerce, the signatory powers and those which may subsequently adhere to the present treaty pledge themselves to respect the neutrality of the territories, or parts of territories dependent upon the said countries, including the territorial waters, as long as the powers which exercise or shall exercise the rights of sovereignty or of protectorate over these territories, in pursuance of their right to proclaim them neutral, shall fulfill the duties attached to neutrality."

Art. XI. "In case a power exercising the rights of sovereignty or of protectorate in the countries mentioned in Article I, and placed under the régime of freedom of commerce, shall become involved in a war, the signatory powers of the present treaty and those which may subsequently adhere to it agree to lend their good offices to the effect that the territories belonging to this power and included in the treaty zone in which freedom of commerce is provided for, with the consent of this power and of the other belligerent party or parties, be placed during the duration of the war in the status of neutrality and be regarded as belonging to a nonbelligerent State, the belligerent parties renouncing thereupon the right to extend hostilities to the territories thus neutralized, as well as the right to use them as a basis of military operations.

The independence of the Congo Free State was recognized by protocol 9 adopted by the same conference.

[British and Foreign State Papers, Vol. LXXVI, p. 4; Martens, N. R. G., 2 S, Vol. X, p. 414; Albin, P. Les grands traités politiques, p. 388.]

In the same year a Belgian law permitted the King to accept the title offered him of Head of the Free State, and there was thus created a "personal union" between Belgium and the Congo Free State. The King of the Belgians, as Sovereign of the Congo Free State, thereupon declared it permanently

neutral and the declaration was notified to and accepted by the powers.

NOTE.-The powers merely pledge themselves to respect the

neutrality of the Congo Free State, and do not guarantee to maintain that neutrality if violated.

[Martens, N. R. G., 2 S, XVI, 585. Mérignhac, II, 22–24.] 1908, October 18.-The Congo Free State was merged by cession into Belgium, the annexation being recognized later by all the powers. It is a question whether the guarantee of the neutrality of Belgium extends to the territory incorporated by it since 1839, and a further question whether the simple neutrality of the Congo in 1885 continues in force after its annexation.

[Martens, N. R. G., 3 S, II, 101–109.]

Neutralized state.

CRACOW (1815-1846).

1. INTERNATIONAL STATUS.

1815, June 9.-Final act of the congress of Vienna.

Article VI provides: "The city of Cracow, with its territory, is declared forever a free city, independent and strictly neutral, under the protection of Austria, Russia, and Prussia." Article IX, while guaranteeing the neutrality of Cracow, imposes conditions qualifying the guarantee.

[Martens, N. R., II, 379.]

The provisions of the final act of the congress of Vienna incorporate the earlier treaty of May 3, 1815, between Austria, Prussia, and Russia, in which the three powers undertake to regard Cracow as independent and to respect its neutrality in their own immediate interest.

[Martens, N. R., II, 251.]

1846, November 6-Convention between Austria, Prussia, and Russia.

Cracow united to Austria in alleged consequence of having been the center of a revolutionary movement in the adjoining countries of Posen and Galicia. Protests were entered by Great Britain and France in notes of November 23 and December 3, 1846. In reply the three protecting powers urged that the final act of the congress of Vienna had done no more than accept the treaty of May 3, 1815, leaving it to the protecting powers to decide upon the application of its terms.

[Hertslet, Map of Europe by Treaty, II, pp. 1061–1076.]

2. EXTENT OF AUTONOMY.

a. Organization of Government.

Annexed to the treaty of May 3, 1815, was a constitution, placed under the common guaranty of the three contracting powers, providing for a senate, assembly of representatives, and a president, whose powers were outlined in the constitution. b. Powers of Government.

Restrictions were placed upon the police administration, which ultimately led to the loss of the independence of Cracow by permitting the forcible intervention of the protecting powers. Article IX, treaty of Vienna, provides: "The courts of Russia, Austria, and Prussia engage to respect and to cause to be always respected the neutrality of the free town of Cracow and its territory. No armed force shall be introduced upon any pretense whatever. On the other hand, it is understood and expressly stipulated that no asylum shall be afforded in the free town and territory of Cracow to fugitives, deserters, and persons under prosecution belonging to the country of either of the high contracting parties aforesaid."

CRETE (1898-1913).

1. INTERNATIONAL STATUS.

Vassal State of Turkey under the protection of the Great Powers. The modern constitutional history of Crete dates from 1868, when the Turkish Government consented to give a certain measure of autonomy to the island, the provisions for which being embodied in an organic statute providing for a representative body, mixed tribunals, and a Christian and Mohammedan administrative system. Crises occurred during the following 30 years when the provisions of the organic statute of 1868 were either enlarged, as in 1878 by the pact of Halepa and in 1896 by a new scheme of reforms, or restricted as in 1889, when a temporary setback was experienced. In 1898, following a series of rebellions, Great Britain, France, Italy, and Russia assumed the rôle of protecting powers and secured for Crete an antonomous position under the nominal suzerainty of the Porte. Prince George of Greece was appointed high commissioner, and on April 27, 1899, a new autonomous constitution was adopted by a constituent assembly. Crete, whose ambition was to be united to Greece, remained dissatisfied with the arrangement, and on October 12, 1908, on the outbreak of the Young Turk revolution, the Cretan assembly voted for union of the island with Greece, and a committee was elected to govern the island in the name of the King of Greece. This provisional situation continued