the cantons retain the power to make among themselves conventions upon legislative, administrative or judicial subjects,' and to conclude with foreign powers treaties respecting the administration of public property, and border and police intercourse. Treaties of a political character are specifically prohibited to the cantons;3 and every agreement entered into by a canton is subject, on the protest of the Federal Council or another canton, to the approval of the Federal Assembly. It is the function of the Federal Court in cases within its jurisdiction. to apply the laws and resolutions of the Federal Assembly, and to "conform to treaties which shall have been ratified by the Federal Assembly." The general extradition law of January 22, 1892, places extradition in the hands of the Federal Council, and authorizes it to conclude treaties in conformity with the provisions of the act.6

In the matter of a naturalization treaty it has been doubted whether the powers of the central government authorize it to recognize by treaty the right of expatriation. Upon the general question of the treaty-making power of the Confederation, the conclusion has been reached, says Professor Moses, "that the limitation of powers drawn between the Union and the cantons with respect to internal affairs does not define the powers of the Union with respect to foreign relations." By the

'Art. VII.

1 Art. IX.

Art. VII.

'Art. LXXXV, sec. 5. Text, Larned's History for Ready Reference, vol. i, p. 588. See for instances of cantonal agreements, Vincent, Government in Switzerland, p. 201.

'Art. CXIII.

Brit. and For. State Papers, vol. lxxxiv, p. 671.

'For. Rel. of U. S. 1897, p. 557.

Federal Government of Switzerland, p. 171. See also to the same effect Blumer, Handbuch des schweizerischen Bundesstaatsrechtes, vol. i, p. 204.

original constitution the powers of the central government extend to the protection of literary and artistic property, and by an amendment of 1887, to the protection of patents. The posts and telegraphs are controlled by the Confederation.' Switzerland is subject to the limitations of a neutralized state.

GREECE.3

In Greece the King makes treaties of peace, alliance and commerce; but treaties of commerce and all others that include concessions which require, according to other provisions of the constitution, the sanction of a law, or which may burden the Greeks individually, are not effective until the assent of the Boule, the singlechambered Greek legislature, has been given. A cession or exchange of territory can be made only by virtue of a law.s

1Art. LXIV.

2 Art. XXXVI.

'In Servia, according to the constitution of 1869, which was reproclaimed in 1894, the Prince concludes treaties with foreign powers, but if the execution of the treaty should involve a charge on the treasury or a modification of existing laws, or affect public or private rights, the assent of the legislature is necessary. Art. VIII. The Prince of Roumania concludes with foreign states conventions of commerce and others of the same nature, but that these may have obligatory force they must be submitted to and approved by the legislature. Art. XCIII of the constitution of 1866 as amended in 1879 and 1884. Brit. and For. State Papers, vol. lxi, p. 1071; vol. lvii, p. 273; vol. lxxv. p. 1106. In both countries the territory of the state is declared inalienable. Art. II. In Roumania the boundaries can be changed or rectified only by virtue of a law (Art. II); in Servia, if the modification is of little importance, only with the consent of the National Assembly, and if it is of real importance, the consent of the Grand National Assembly, the sovereign power of the state, is necessary. Art. II.

'Art. XXXII of the constitution of 1864.

Art. XXXIII. Brit. and For. State Papers, vol. Ivi, p. 575.

MEXICO AND THE SOUTH AND CENTRAL AMERICAN

STATES

In Article LXXXV, section 10, of the original constitution of Mexico as adopted in 1857, it was provided that the President of the Republic should direct negotiations and conclude treaties, submitting them to the Federal Congress for ratification. By the amendments of 1874 the Federal Congress was divided into two branches, and to the upper branch, or Senate, was given, by amendment to Article LXXII, an exclusive power in the approval of all treaties and diplomatic conventions concluded by the Executive with foreign countries.' The States comprising the republic are prohibited from entering into alliances or treaties with other States or foreign powers. The frontier States may, however, unite with each other for offensive or defensive war against the Indians.❜

In each of the remaining American states, treaties are negotiated by the President, but, with the exception of Cuba, require for their ratification the approval of the national legislature. With the exception of Panama,

'Brit. and For. State Papers, vol. lxxviii, p. 994.

* Art. CXI, sec. I.

'Brazil (1891), Arts. XLVIII, sec. 16, and XXXIV, sec. 12; Argentine Republic (1862), Arts. LXXXVI, sec. 14, and LXVII, sec. 19; Chili (1833), Art. LXXIII, sec. 19; Bolivia (1880), Art. LXXXIX, sec. 1; Peru (1860), Arts. XCIV, sec. 11, and LIX, sec. 16; Ecuador (1896), Art. XCIV, sec. 6; Colombia (1886), Art. CXX, sec. 10; Venezuela (1893, 1901), Art. LIV, sec. 16; Uruguay (1829), Art. XVII, sec. 7; Paraguay (1870), Arts. CII, sec. 12, and LXXII, sec. 18; Panama (1904), Art. LXXVIII, sec. 8; Costa Rica (1871), Art. CII, sec. 9; Salvador (1886), Art. XCI, secs. 6 and 7; Nicaragua (1894), Art. XCVIII, sec. 10; Guatemala (1879), Art. LXXVII, sec. 19; Honduras (1894), Art. CVIII, sec. 14; Dominican Republic (reproclaimed 1896), Art. XXV, sec. 17; and Haiti (1889), Art. CI.

the Dominican Republic, and the five Central American states, in which the national legislature consists of only one branch, the American bicameral legislature obtains. In Cuba, on the other hand, the approval of the Senate alone is required except in case of treaties of peace, which require the approval of Congress. A permanent limitation on the treaty-making power of Cuba is recognized in Article I of the resolutions of the Congress of the United States accepted by the Cuban Constitutional Convention, June 12, 1901. It is there provided "That the government of Cuba shall never enter into any treaty or other compact with any foreign power or powers which will impair or tend to impair the independence of Cuba, nor in any manner authorize or permit any foreign power or powers to obtain by colonization or for military or naval purposes, or otherwise, lodgment in or control over any portion of said island."

DEPENDENCIES

Although the power to enter into treaties is a characteristic of sovereign states, semi-independent states, or communities, may be intrusted in a limited degree with its exercise. Egypt, while nominally a province of the Ottoman Empire, exercises this power on the authority of firmans granted by the Sublime Porte. The firman granted to the Khedive June 8, 1873, and renewed with slight changes August 2, 1879, and March 27, 1892, to his successors, authorizes the conclusion or renewal, without injury to the political treaties and sovereign rights of the imperial government, of conventions for tariff rates and commerce, and for regulating the protection of foreigners and their relations with

1 1 (1901) Arts. LXVIII, sec. 7, and LIX, sec. 12.

the government and population of Egypt. Besides numerous special postal and telegraphic conventions, Egypt is a signatory party to the universal postal conventions signed at Vienna July 4, 1891, and at Washington June 15, 1897, and to the international telegraphic convention signed at Budapest July 22, 1896. Several treaties guaranteeing judicial reform have been entered into. On March 3, 1884, there was signed at Cairo a commercial treaty with Greece which, after providing for reciprocal most-favored-nation treatment, regulated in some detail the tariff rates to be levied on Greek imports into Egypt. This treaty formed the basis of treaties subsequently concluded with Great Britain, the United States, Italy, Portugal, the Netherlands, Sweden and Norway, and Belgium. Since the Khedive has no diplomatic representative at foreign courts, the treaties have usually been concluded in Egypt by the foreign government through a consul or commercial agent, and by the Khedive through his minister for foreign affairs. The powers of the latter are expressly restricted "within the limits of the powers conferred by the imperial firmans."

Bulgaria, although by the treaty of Berlin nominally a principality under the suzerainty of the Sultan, has concluded on its own responsibility numerous commercial conventions as well as those to facilitate international traffic, such as postal, telegraphic, railway and monetary conventions. The only treaty of a political nature to which Bulgaria is a party, recorded in Ribier's Répertoire des Traités (1879-1897), is the treaty of peace with Servia of March 3, 1886, and it is the only one that

'Brit. and For. State Papers, vol. lxiii, p. 33; vol. lxx, p. 297; vol. lxxxiv, p. 638.

'Ibid., vol. lxxxviii, p. 371; vol. lxxix, pp. 5, 1144.