The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-10-05

domestic policy OF the British government in its relation
to those provinces In like the federal government
it had cause might have proposed correspondent
stipulation, In regard its fisheries for instance
that the treaty should effect AS only on
condition Of certain laws being enacted by the Legislative
assemblies OF such of the several States of the Union
specially affected by that part of the treaty having their
coast fisheries thrown open the subjects of the United
Kingdom But if such stipulation had been proposed it
would have been for considerations appeanng the
atiou of the federal government the individual States
of the Union and of any relation of theirs
| TO the United Kingdom
In word the pivot of the whole inquiry is the cardinal
fact that when government comes to deal with govern
ment the United States know the United Kingdom alone
and the United Kingdom knows only the United Stae
We enter into a convention we bind ourselves by solemn
treaty and if by of the internal constitution Of
either government legislative action on either side be
cessary in order the execution of OF its spuatons
in order their permanent efficiency, that u
and essential legislation must emanate from the I'M
peria Parliament of the United Kingdom and from the
Congress of the United States.
In accordance with this fundamental idea is the language
of the treaty for it forth that the treaty shall take
effect the laws required carry in operation
shall have been passed not merely by the Provincial Par
liamenis, but also by the Imperial Parliament of Great
Britain well by the Congress of the United States
1t is material what those laws be passed by the I'M
peria Parliament are whether they of more
less Importance; whether that condition inserted
of the British of the American govern
ment We may conceive that both shall have desired IT,
for the that they being the contracting parties
should have looked at the proprety of having all the pro-
visions of the treaty endowed with legislative complete
ness by the highest political authority each side in
full exercise of its legislative and political sovereignty
| independently of which, Great Britain may have said
felt that however much the sipuatons Of the treaty affect
ed the provinces immediately yet nevertheless they also
affected evidently the aggregate British empire ITSELF
and the to
right subectng certain of the provisions of the treaty
to the legislative ratification of the Imperial Parliament
On the other hand the United States may well have said
felt that whereas the treaty could not take effect until
after certain of its provisions should have received the
sanction of Congress- and whereas the United States had
thus bound themselves only by the action Of their
treatynakng powers the President and the Senate but
also by that of their aw-makng powers the Senate and
House of Representatives therefore should expect and
require the of engagements entered into in like
by the supreme executive and legislative powers
| OF the British empire
The foregoing considerations If not in themselves
elusive arguments bearing the mere language of
treaty. construed in the light of the political organiza-
ton of the two governments Of the United States and of
Great Britain yet to derive irresistible force from
The language of the act of Congress This provides that
articles being the growth and produce of provinces
of Canada New Brunswick, Nova Scotia, and Prince Ed
wards Island shall be introduced into the United States
free of duty upon the precedent occurrence of certain
act namely, the official declaration of the President of
United States that he has received satisfactory evil
dence of certain facts Now, of these facts circum
santay set forth in the act Of Congress- requiring to
be verified by President and certified by him his
high official responsibility is that the Imperial Parliament
of Great Britain has passed laws its part to give full
effect the provisions of the treaty in question between
the United States and Great Britain How is the Pres-
dent verify this fc2 Would the opinion of the Secre-
ary of State the Attorney General of the United States
oft Rriti
dspensaby necessary in the premises that subsistng
acts of the Parliament appear to be sufficient for the pur
pose that certain Legislative acts of the British Prov
inces may probably meet the administrative immediate
exigencies of the cscwould such opinion Of thpse
officers of the federal government constitute that sasc
tory evidence which the conscience of the President de-
mands that the Imperial Parliament has passed laws
its part give full effect to the provisions of the treaty
Can any conceivable construction legal exposition of
of the Imperial Parliament anecedent to the treaty
correspond to that exgency Of the conscientious obiga
ton of the President? Is not the manifest and only adj
mssble ntendment of the act of Congress that the laws
passed by the Imperial Parliament give effect to treaty,
and of the passage of which the President is have salts
factory evidence the laws to be passed by the Impe
rial Parliament now laws to be specially enacted for the
definite and precise object of giving effect this treaty
nomne just like this of Congress self2 Such after
the and soicous reflection upon the subject
in all its bearings seems to to be the inevitable force
and effect of the language of this act Of Congress-
come TO the consideration of another branch Of
the inquiry referred to namely, the question whether
supposng no other difficulties stand in the way it would
be lawful give effect the treaty provisions Of recipro-
cal free trade between the United States and Canada upon
receiving satisfactory evidence that the Provincial Paa
ment Of Canada alone had passed the laws required its
part TO be passed, the Provincial Parliaments of New
Brunswick Nova Scotia and Prince Edwards Island not
having yet acted in the premises
1t is this question becomes of less importance when
il shall have been decided that specific action Imperial
Parliament is the indispensable prerequisite condition to
the issue Of his proclamation by the President of the United
States But inasmuch the province of Canada has with
commendable prompttude, passed which disposes
expressly Of the part of the subject relating to duties Of
customs, and which vests IN the governor ana qQu1c a
thoriy to do by order equivalent to law anything else
which may be found necessary be done the part of
the province give fun effect treaty inasmuch
in Canada urge the immediate iuflment of the treaty
in this respect and nasnuch this object has been ai-
thortatvey pressed the by special repre-
sentaon OF the Canadian government il is proper to
lay before you briefly the views which me re-
speeding this branch of the general inquiry.
In the first place. the treaty in prescribing action by tha
Provincial Paramens Of Canada, New Brunswick Nota
Scotia and Prince Edwards Island, speaks of them to-
geher 1t contains phrase of distinction parti-
Gle of distinction 1t says the provincial Parlaments
the Provincial Paraments either Of them. 1t supposes
the treaty TO have effect in the provinces whole not in
more of them in successive stages they may