between Canada and the United States, by proceedings with which the British authorities have nothing to do, by direct communication, namely, between Canada and the United States. In this respect, the treaty is really equivalent to a transfer from the British Foreign Office to the Canadian Government of the conduct of external relations with the only foreign country with which Canada has large and delicate relations. Article 10 of the treaty is as follows:

Any questions or matters of difference arising between the High Contracting Parties involving the rights, obligations, or interests of the United States or of the Dominion of Canada, either in relation to each other or to their respective inhabitants, may be referred for decision to the International Joint Commission by the consent of the two Parties, it being understood that on the part of the United States, any such action will be by and with the consent of the Senate, and on the part of His Majesty's Government, with the consent of the Governor-in-Council. In each case so referred, the said Commission is authorized to examine into and report upon the facts and circumstances of the particular questions and matters referred, together with such conclusions and recommendations as may be appropriate, subject, however, to any restrictions or exceptions which may be imposed with respect thereto by the terms of the reference.

A majority of the said Commission shall have power to render a decision or finding upon any of the questions or matters so referred.

If the said Commission is equally divided or otherwise unable to render a decision or finding as to any questions or matters so referred, it shall be the duty of the Commissioners to make a joint report to both Governments, or separate reports to their respective Governments, showing the different conclusions arrived at with regard to the matters or questions so referred, which questions or matters shall thereupon be referred for decision by the High Contracting Parties to an umpire chosen in accordance with the procedure prescribed in the fourth, fifth and sixth paragraphs of Article XLV of the Hague Convention for the pacific settlement of international disputes, dated October 18, 1907. Such umpire shall have power to render a final decision with respect to those matters and questions so referred on which the Commission failed to agree.

When we remember that in 1892 the British Foreign Office declared that "To give the colonies the power of negotiating treaties for themselves without reference to Her Majesty's Government would be to give them an international status as separate states, and would be equivalent to breaking up the Empire into a number of independent

states," we are able to realize the import of our present arrangements with the United States.

War. The relation between Canada and the United Kingdom with reference to war, divided, with the question of reciprocity with the United States, the attention of the electors at our last general elections (21 September, 1911). Popular vote ended reciprocity, and the war question is now, and will for some time be, the chief subject for political discussion.

The relations between the United Kingdom and the colonies prior to 1902, were stated in a memorandum presented to the Colonial Conference of that year by the War Office, as follows:

Prior to the outbreak of the war in South Africa, so far as any general scheme for the defence of the Empire as a whole had been considered, it was assumed that the military responsibilities of our great self-governing colonies were limited to local defence, and that the entire burden of furnishing re-enforcements to any portion of the empire against which a hostile attack in force might be directed must fall on the regular army. There may possibly have been some pious hope that in time of need the colonies might rally to the mother country, but no definite arrangements were made, nor were inquiries even on foot as to whether such aid might be expected, and if so, in what strength. Indeed, the necessity for it was by no means realized and its reliability was doubted.

Before that date, Australia and New Zealand had made an arrangement with the British Admiralty whereby certain payments were to be made by the colonies, and certain naval defence provided by the Admiralty, and at the conference of that year, all the other self-governing Dominions, except Canada, agreed to send annual money contributions. Canada declined upon the ground of the inconsistency of the proceeding with the principles of self-government.

At the same conference, the British Government asked that, "The great self-governing colonies may be able to give some assurance as to the strength of the contingents which they should be able to place at the disposal of His Majesty's government for extra colonial service in a war with a European Power."

But the colonies declined to pledge themselves, and Canada and Australia said that the matter would be considered "when the need arose."

• Colonial Conference, 1902, pp. 47, 48

At the next conference (1907), Canada had the satisfaction of finding that, not only had the British Government been converted to her view, but that the experience of some of the other colonies had proved its soundness. The Prime Minister, Mr. Campbell-Bannerman, in his opening speech, said that he did not (as Mr. Chamberlain always had done), ask for money, for he recognized that "the cost of naval defence and the responsibility for the conduct of foreign affairs hang together. You in common with us are representatives of self-governing communities." 7

*

Afterwards, Canada and Australia commenced the establishment of navies of their own, and the question of their employment in British wars necessarily arose. The legislation of both the colonies was absolutely non-committal; the executives were given authority, at their discretion, to hand over the ships. The British Government made no claim. On the contrary, it readily agreed that "the naval services and forces of the Dominions of Canada and Australia will be exclusively under the control of their respective governments." 8

In the Province of Quebec a new political party, the Nationalist party, has been formed for the purpose of protesting against Canadian obligation to take part in British wars in the absence of representation in British councils. The Conservative party accepted that principle and united with the Nationalists in the formation of the present government. The Liberal party has always declared Canada's complete freedom of action; and, therefore, it may now be said that Canada is fairly unanimous in her assertion that there can be no obligation without representation. Our Prime Minister has indicated that an endeavor will be made to come to some agreement upon that basis with the British Government, and it is a part of his declared policy that no permanent arrangement will be finally made without having been first submitted for ratification to the people of Canada at a general election.

The situation is, therefore, not only very interesting, but extremely delicate. It looks as though the last trace of our tadpole tail were rapidly disappearing.

Parliamentary Control. In the Canadian Constitution are the following paragraphs:

"Proceedings, p. 5.

8 Cd. 5745-2, p. 1.

55. Where a bill passed by the Houses of Parliament is presented to the Governor General for the Queen's assent, he shall declare according to his discretion, but subject to the provisions of this act and to Her Majesty's instructions, either that he assents thereto in the Queen's name, or that he withholds the Queen's assent, or that he reserves the bill for the Queen's pleasure.

56. Where the Governor General assents to a bill in the Queen's name, he shall, by the first convenient opportunity, send an authentic copy of the act to one of Her Majesty's principal Secretaries of State, and if the Queen in Council, within two years of receipt thereof by the Secretary of State, thinks fit to disallow the act, such disallowance (with a certificate of the Secretary of State of the day on which the act was received by him) being signified by the Governor General, by speech or message to each of the Houses of the Parliament, or by proclamation, shall annul the act from and after the day of such signification.

57. A bill reserved for the signification of the Queen's pleasure shall not have any force unless and until, within two years from the day on which it was presented to the Governor General for the Queen's assent, the Governor signifies by speech or message to each of the Houses of Parliament, or by proclamation, that it has received the assent of the Queen in Council.

Those clauses are in the Constitution, but the understanding is fairly complete that they must not be acted upon. The last occasion upon which they were brought into operation was in 1888, when a bill respecting copyright was reserved by the Governor and remained unassented to. Canada had a grievance, as already stated, against the United States and wanted to retaliate. We were not permitted to do so. Our freedom is now conceded, and we shall very shortly do as we have been done by. The disallowance clauses of our Constitution are out of date.

A Canadian Flag. Our federation was formed in 1867, and shortly afterwards our government adapted the red ensign of the British mercantile marine to our purposes as a Canadian flag, by placing upon the fly of the flag the Canadian coat-of-arms. The Admiralty at first made no objection to the practice. On the contrary, a notification was sent by its Board to the Colonial Office, May 22, 1874, to the effect that "no objection would be raised to any vessel registered as belonging to one of her Majesty's colonies flying the red ensign with the badge of the colony in the fly."

The Admiralty soon changed its mind, and on the 25th of July of the following year intimated to the Colonial Secretary that the only proper

flag for the colonial mercantile marine was "the ensign without any badge."

Canadian ship-owners took little notice of this inhibition, and finally an Imperial statute was passed to put us straight:

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1. The red ensign usually worn by merchant ships without any defacement or modification whatsoever, is hereby declared to be the proper national colors for all ships and boats belonging to any subject of Her Majesty, except in the case of Her Majesty's ships or boats, or in the case of any other ship or boat, for the time being, allowed to wear any other national colors in pursuance of a warrant from Her Majesty or from the Admiralty.

Canada was notified of the passing of this statute, October 3, 1889, and at the same time was informed that there would "be no objection to colonial merchant vessels carrying distinguishing flags with the badge of the colony thereon, in addition to the red ensign."

That was not, however, what Canada wanted, and an application was made, June 30, 1890, under the provisions of the statute, "for the issue of a general warrant which will permit Canadian registered ships to fly the red ensign usually worn by merchant ships with the Canadian coat-of-arms."

Objection being made, the Canadian Government passed an Orderin-Council, October 31, 1890, in support of the previous application, and Sir Charles Tupper wrote to the Governor-General, Lord Stanley, on November 13, 1890, saying that: "Since about 1869 our ships have been encouraged by the Government of Canada to use the red ensign with the Canadian coat-of-arms in the fly. These ships are

in every quarter of the globe."

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Afterwards, November 7, 1891, Vice-Admiral Watson, then stationed at Halifax, wrote to the Governor-General:

I have read with much interest the correspondence relating to the Canadian flag. It will certainly be a great pity if the Home Government insist on its abolition. As a matter of feeling and sentiment, I know for certain it will cause very great dissatisfaction in the colony, and I can see no good result from the enforcement of the order; but on the contrary, I think a change enforced might give rise to trouble and will certainly cause general ill-feeling. They are proud of their flag, and their pride, in my opinion, should be encouraged and not dampened. 52, 3 Vic., c. 73.

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