TITLE VI.-Powers vested in the Insular Parliament.

32. The Insular Chambers shall have power to pass upon all matters not specially and expressly reserved to the Cortes of the Ergdom or to the Central Government as herein provided, or as may be provided hereafter, in accordance with the prescription set forth in Additional Article 2.*

In this manner, and without implying that the following enumeration presupposes any limitation of their power to legislate on other subjects, they shall have power to legislate on all matters and subjects concerning the Departments of Justice, Interior, Treasury, Public Works, Education, and Agriculture.

They shall likewise have exclusive cognizance of all matters of a purely local nature which may principally affect the colonial territory; and to this end they shall have power to legislate on civil administration; on provincial, municipal, or judicial apportionment; on public health, by land or sea, and on public credit, banks, and the monetary system.

This power, however, shall not impair the powers vested in the Colonial Executive according to the laws in connection with the matters above mentioned.

33. It shall be incumbent upon the Colonial Parliament to make regulations under such national laws as may be passed by the Cortes and expressly intrusted to it. Especially among such

measures, Parliament shall legislate, and may do so at the first sitting, for the purpose of regulating the elections, the taking of the electoral census, qualifying electors, and exercising the right of suffrage; but in no event shall these dispositions affect the rights of the citizens, as established by the electoral laws.

34. Notwithstanding that the laws governing the judiciary and the administration of justice are of a national character, and therefore obligatory for the Colony, the Insular Parliament may, within the provisions of said laws, make rules or propose to the Home Government such measures as shall render easier the admission, continuance, or promotion in the local Courts of lawyers, natives of the island, or practising therein.

The Governor-General in Council shall have, as far as the Island of Cuba is concerned, the same power that has been vested heretofore in the Minister for the Colonies for the appointment of the functionaries and subordinate and auxiliary officers of the judicial order and as to the other matters connected with the administration of justice.

35. The Insular Parliament shall have exclusive power to frame

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the local budget of expenditures and revenues, including the revenue corresponding to the island as her quota of the National Budget.

To this end the Governor-General shall present to the Chambers every year before the month of January the Budget for the next fiscal year, divided in two parts as follows: The first part shall state the revenues required to defray the expenses of the sovereignty, and the second part shall state the revenues and expenditures estimated for the maintenance of the Colonial Administration.

Neither Chamber shall take up the Budget of the Colonial Government without having finally voted the part for the maintenance of sovereignty.

36. The Cortes of the kingdom shall determine what expenditures are to be considered by reason of their nature as obligatory expenses inherent to sovereignty, and shall fix the amount every three years and the revenue required to defray the same, the Cortes reserving the right to alter this rule.

37. All Treaties of Commerce affecting the Island of Cuba, be they suggested by the Insular or by the Home Government, shall be made by the latter with the co-operation of special Delegates duly authorized by the Colonial Government, whose concurrence shall be acknowledged upon submitting the Treaties to the Cortes.

The said Treaties, when approved by the Cortes, shall be proclaimed as laws of the kingdom and as such shall obtain in the Colony.

38. Notice shall be given to the Insular Government of any Commercial Treaties made without its participation as soon as said Treaties shall become laws, to the end that, within a period of three months, it may declare its acceptance or non-acceptance of their stipulations. In case of acceptance the Governor-General shall cause the Treaty to be published in the "Gazette" as a Colonial Statute.

39. The Insular Parliament shall also have power to frame the tariff and fix the duties to be paid on merchandize as well for its importation into the territory of the island as for the exportation thereof.

40. As a transition from the old régime to the new Constitution, and until the Home and Insular Governments may otherwise conjointly determine hereafter, the commercial relations between the islands and the metropolis shall be governed by the following Rules:

(1.) No differential duty, whether fiscal or otherwise, either on imports or exports, shall be imposed to the detriment of either insular or peninsular production.

(2.) The two Governments shall make a schedule of articles of direct national origin to which shall be allowed by common consent preferential duty over similar foreign products.

In another schedule made in like manner shall be determined such articles of direct insular production as shall be entitled to

rivileged treatment on their importation into the Peninsula and he amount of preferential duties thereon.

In neither case shall the preferential duty exceed 35 per cent

Should the Home and the Colonial Governments agree upon the schedules and the preferential duties, they shall be considered final and shall be enforced at once. In case of disagreement the point in dispute shall be submitted to a Committee of Representatives of the Cortes, consisting of an equal number of Cubans and Peninsulars. The Committee shall appoint its Chairman, and in case of disagreement the eldest member shall preside. The Chairman shall have the easting vote.

(3.) The Valuation Tables concerning the articles in the schedules above-mentioned shall be fixed by mutual agreement, and shall be revised after discussion every two years. The modifications which may thereupon become necessary in the tariff duties shall be carried out at once by the respective Governments.

TITLE VII.-The Governor-General.

41. The supreme authority of the Colony shall be vested in a Governor-General, appointed by the King on the nomination of the Council of Ministers. In his capacity he shall have as Viceregal patron the power inherent in the patronate of the Indies; he shall have command of all military and naval forces in the island; he shall act as Delegate of the Departments of State, War, Navy, and the Colonies; all other authorities in the island shall be subordinate to his, and he shall be responsible for the preservation of order and the safety of the Colony.

The Governor-General shall, before taking possession of his office, take an oath in the presence of the King to discharge his duties faithfully and loyally.

42. The Governor-General, representing the nation, will discharge by himself and with the aid of his Secretaries all the functions indicated in the preceding Articles and such others as may devolve upon him as direct Delegate of the King in matters of a national character.

It shall be incumbent upon the Governor-General as representing the Home Government

(1.) To appoint without restriction the Secretaries of his Cabinet; (2.) To proclaim, execute, and cause to be executed in the island all Laws, Decrees, Treaties, International Covenants, and all other Acts emanating from the legislative branch of the Government, as well as all Decrees, Royal commands, and other measures emanating from the Executive which shall be communicated to him by the Departments of which he acts as Delegate.

Whenever in his judgment and in that of his Secretaries he considers the Resolutions of the Home Government as liable to injure the general interests of the nation or the special interests of the island, he shall have power to suspend the publication and execution thereof, and shall so notify the respective Department, stating the reasons for his actions;

(3.) To grant pardons in the name of the King, within the limitations specially prescribed to him in his instructions from the Government, and to stay the execution of a death sentence whenever the gravity of the circumstances shall so demand or the urgency of the case shall allow of no time to solicit and obtain His Majesty's pardon; but in either case he shall hear the counsel of his Secretaries;

(4.) To suspend the guarantees set forth in Articles 3, 5, 6, and 9, and in the first, second, and third paragraphs of Article 13 of the Constitution; to enforce legislation in regard to public order, and to take all measures which he may deem necessary to preserve the peace within and the safety without of the territory intrusted to him after hearing the counsel of his Cabinet;

(5.) To take care that in the Colony justice be promptly and fully administered, and that it shall always be administered in the name of the King;

(6.) To hold direct communication on foreign affairs with the Ministers, Diplomatic Agents, and Consuls of Spain throughout America.

A full copy of such correspondence shall be simultaneously forwarded to the Home Department of State.

43. It behoves the Governor-General, as the superior authority in the Colony and Head of its Administration

(1.) To take care that the rights, powers, and privileges now vested, or that may henceforth be vested, in the Colonial Administration, be respected and protected;

(2.) To sanction and proclaim the Acts of the Insular Parliament, which shall be submitted to him by the President and Secretaries of the respective Chambers;

Whenever, in the judgment of the Governor-General, an Act of the Insular Parliament goes beyond its powers, or impairs the rights of the citizens, as set forth in Article 1 of the Constitution, or curtails the guarantees prescribed by law for the exercise of said rights, or jeopardizes the interest of the Colony or of the nation, he shall forward the Act to the Council of Ministers of the kingdom, which, within a period that shall not exceed two months, shall either assent to it or return it to the Governor-General, with the objections to its sanction and proclamation. The Insular Parliament may, in view of the objections, reconsider or modify the Act, if it deems fit, without a special proposition;

If two months shall elapse without the Central Governmers giving any opinion as to a measure agreed upon by the Chanders which has been transmitted to it by the Governor-Genes. The latter shall sanction and proclaim the same;

(3.) To appoint, suspend, and discharge the entices of the Colonial Administration, upon the suggestion of the Secretaries of the Departments, and in accordance with the laws:

(4.) To appoint and remove, without restriction, the Secre of his Cabinet.

44. No executive order of the Governor-Geners, acting as Representative ard Chief of the Colony, stal ke efem mem countersigned by a Secretary of the Cabinet, who by the As more shall make himself responsible for the same.

45. There shall be five Secretaries of Department, V Grace and Justice and Interior;

Finance;

Public Education, Public Works, and Posts and Telermons:
Agriculture, Industry, and Commerce.

The Governor-General shall appoint the President of the Catrines from among the Secretaries, and shall also have power to appoint a President without a Secretaryship.

The power to increase or diminish the number of Secrecanes composing the Colonial Cabinet, and to determine the scope of eac Department, is vested in the Insular Parliament.

46. The Secretaries of the Cabiset may be members of either the Chamber of Representatives or the Coute of Administratio and take part in the debates of either Chamber, but a Secretary sta... only vote in the Chamber of which he is a member.

47. The Secretaries of the Cabinet shall be responsible to the Insular Parliament.

48. The Governor-General shall not modify or abrogate his own orders after they are assented to by the Home Government, se when they shall declare certain rights, or when a sectense by a Judicial Court or Administrative Tribunal stall have been causi upon the said orders, or when they shall deal with his own sonpetency.

49. The Governor-General shall not relinquish hia cầse when leaving the island except by special command from the Home Government. In case of absence from the seat of Government which prevents his discharging the duties of his office, or of a sability to perform such duties, he can appoint one or more persons to take his place, provided the Home Government has not previously done so, or the method of substitution has not beer stated in his instructions.

50. The Supreme Court shall have the sole power to try toe