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PUBLIC RECORD OFFICE

C.O.885

Reference :-

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exclusive grant of rubber approaches in effect, at all events, to an exclusive right to trade. At the same time, if the Liberian Government is competent to make contracts and Treaties in the same form as other Governments, it must be regarded as having the right inherent in any civilized Government of dealing with ownerless or unoccupied lands within its boundaries so as to constitute them a State domain. Undoubtedly the substantial effect is to leave the general right of trade in operation, but greatly limited by rights of property. On the other hand, the grants of such exclusive rights of property are perhaps necessary in order to insure development of the country, and there seems no clear principle on which it is possible to prohibit them, and yet to reserve to each Government its full right to part with the property it is entitled to claim over its unoccupied lands.

The words of Article II. of the Treaty of November, 1848, giving to foreigners the right to buy and sell without restraint from any monopoly or exclusive privilege of sale or purchase are undoubtedly very strong, but they do not express any restriction on the rights of the State over public lands, and the words of the Charter of Concession confer only the right of collecting and preparing indiarubber on public lands alone. The Treaty, therefore, may be said to prevent monopolies in trade, while the Charter confers only rights of property. On this view the Charter is valid, except as to the clauses stipulating for an exclusive right of export. This clause is clearly inconsistent with the rights of foreign nations, entitled under the most-favoured-nation clause to the benefits of Article IV. of the Treaty. It is also an infringement of the rights of British subjects, other than the concessionnaires.

We have, &c.,

The Right Honourable

Sir Edward Grey, Bart., M.P., &c.. &c., &c.

JOHN L. WALTON. W. S. ROBSON.

8608/1907

No. 35B.

(CANADA.)

[Relative Rank of Imperial and Canadian Military Officers.]

CASE SUBMITTED BY THE WAR OFFICE FOR THE OPINION OF THE LAW OFFICERS.

Herewith are sent :-

(1) Copy Correspondence.

(2) Copy Departmental Minutes.

(3) Copy Forms of Commissions issued to Imperial and Canadian Officers.

Copy Draft Proposed Royal Warrant.

Copy King's Regulations.

The local forces of the Crown in Canada consist of Militia, which is divided into two categories :-

(1) A small "Permanent Force," who are engaged on military duty all the

year round; and

(2) The ordinary Militia, who are called out for periodical training like the British Militia. The constitution and discipline of the Canadian Militia are governed by the Canadian Militia Act, 1904, and Regula- tions made by the Governor-General' thereunder.

Commissions in the Canadian Militia are granted by the King, but instead of being actually signed by His Majesty, are under the hand and seal of the Governor- General. The appointment is "to be a (rank) in our Militia of Our Dominion-of Canada" (a copy of the form used is sent herewith).

Commissions in the British Regular Army are actually signed by His Majesty and the appointment is "to be an Officer in Our Land Forces" (a copy of the form in use is sent herewith),

It is contended by the Canadian Military Authorities that the commission of a regular officer gives him no authority to exercise command in the Canadian Militia if serving therewith, and it has been the custom in such cases for a temporary Canadian commission to be issued to any regular officer so serving, his British 'com- mission being treated as being for the time in abeyance.

It has been provided by the Canadian Militia Regulations during recent years (with the exception of a short period of a few months in 1899-1900) and is at present provided that regular officers serving with the Militia act by virtue of their Militia appointments only. The Regulations for the Canadian Militia have under the present Canadian Militia Act, and have had under former Acts, the force of law.

Paragraph 3 (IV.) of the King's Regulations also contains regulations with regard to precedence between British regular and Colonial officers (a copy of the King's Regulations is herewith).

It should be stated, however, that this paragraph of the King's Regulations embodied the provisions of a Royal Warrant in this respect and is not merely a Departmental Regulation.

There has similarly been no recognition of Canadian commissions in the case of Canadian Militia officers serving with the regular forces.

There has thus been no reciprocal recognition for purposes of command and precedence of rank in the British Regular Army and Militia by the Canadian Military Authorities or of rank in the Canadian Militia by the British Military Authorities. That is to say, when an officer belonging to one force and holding a commission therein has been lent for service in the other force it has been necessary to grant him a temporary commission in the force to which he has been so lent and he has exercised command in that force by virtue only of such temporary commis- sion therein, his permanent commission in the force to which he properly belongs being held in abeyance.

It has now been decided by the Imperial and Canadian Governments, as will be seen from the correspondence herewith, that this situation should be brought to

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