The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-10-05
RECIPROCITY TREATY BETWEEN THE UNITED
STATES AND GREAT BRITAIN

RECIPROCITY TREATY BETWEEN THE UNITED
STATES AND GREAT BRITAIN
The following able and interesting opinion of Attor-
ney General Cushing concerning certain provisions of
the reciprocity treaty recently negotiated and ratified be-
tween the United States and Great Britain is communi-
Gated for publication by the Secretary of State.
ATTORNEY GENERALS OFFICE,
October 8 1854.
SIR Your communication of the I'd instant propounds
inquiry the legal effect of certain provisions of the
treaty between the United Kingdom of Great Britain and
Ireland and the United States of America concluded aud
signed by the plenpoenaries of the governments
the 9Th of June last
That convention was duly ratified by both governments
and thus became complete and perfect treaty TO be
observed and fulfilled in good faith, the and every
clause and article thereof well by the United States
by the United Kingdom; and the llth of September
last il proclaimed accordingly in due form, by the
President
This official act performed in obedience the
stituton and accordance with the forms observed in the
practice of the government from its foundation TO the pres
ent day
But in this treaty in many Others are provisions
which require preliminary things be done before those
provisions have their full execution The treaty binds
the good faith of each government to endeavor to have
the requisite preliminary things done, and so far in
gard the provisions of imperfect prospective
/
stpuatons as to that point obligatory al once upon both
governments
Numerous examples of this particular fact in all the
diplomatic history Of the government Thus the several
boundary treaties require the performance of acts both
legislative and executive preliminary the actual de-
narration of the line and the determination of pri-
vae rights dependent thereon and it is in the of
treaties which make provision for the payment of ndemni
ties In word, treaty, when proclaimed is far forth
the law of the land, to be respected rs SUCH although,
in the Of many laws Of merely municipal charac
ter of the provisions of the treaty may be contingent
or executory only.
On examination of the present treaty it is perceived that
of its articles of such nature TO be susceptible
of execution at least de Jene ese forthwith by their own
proper vgo requiring preliminary act to be performed
either side anteceden to such execution, mere
formal orders of the executive authorities of each govern
ment
Of this class the reciprocal spuations for the lib
erty assured to the inhabitants of the United States in
with British subjects to take fish in certain waters
on the coasts of the British provinces in North America,
and to British subjects take fish in the of certain
parts of the of the United States ALSO the right
assured the inhabitants of the United States to navigate
the river St Lawrence in with subjects Of Great
Britain
But in the same treaty are be found other stpulaons
which provide for things to be done, conngenty only
upon the OF certain laws by the Imperial Para-
ment of Great Britain and the Provincial Paramens on
the one hand and the Congress of the United States the
other of which class the spulatons for the adnis-
sion of sundry enumerated articles the growth and pro-
duce of the United States of the provinces OF Canada
New Brunswick Nova Scotia and Prince Edwards Island,
into each country respectively free of duty on mrora-
| ton.
This condition appears in the following words of the 9Th
| article, viz:
aThe present treaty shall take effect the laws
required carry it into operation shall have been passed
af md hV
Provincial Paraments Of those of the British North Amer
lean colonies which affected by this treaty the one
hand and by the Congress of the United States on the
other
That is say, while the treaty takes effect rs treaty.
national compact between the two governments on
its being proclaimed yet certain of its provisions not
TO have operation until the requisite laws contemplated by
the treaty shall have been passed by the Provincial Par
liaments the Imperial Parliament and the American
Congress
OF course it became the duty of the Secretary of the
Treasury to refuse dispense with duties of customs
the importation into the United States of any Of the ar
Giles of merchandise enumerated in the treaty until the
requisite legislation should have been hafi and is not
easy to conceive how the densve idea should have at
tanned currency in the United States has DONE that
contradiction between the decision Of the Secretary
of the Treasury this respect and the proclamation of the
President
Meanwhile the Congress Of the United States has done
its part in the premises, by the enactment of law, APP
proved the 9Th of August last the pertinent clauses of
which are in the following words viz
Whenever the President of the United States shall
ceiye satisfactory evidence that the Imperial Parliament of
Great Britain and the Provincial Parlamens of Canada,
New Brunswick Nova Scotia, and Prince Edwards Island
passed laws their part to give full effect TO the pro-
visions of the between the United States and Great
Britain sigued the fifth of June last he is hereby
horiled TO issue his proclamation declaring that he has
such evidence and hereupon from the date of such proc
amation the following articles being the growth and pro-
duce OF said provinces Of Canada New Brunswick, Nova
Scotia and Prince Edwards Island, to wit:
Sha be introduced into the United States free of duty
so long as the said treaty shall remain in forcesubec
however to be suspended in relation to the trade with
Canada the condition mentioned in the fourth article
of the said treaty and all the other provisions OF the said
treaty shall go into effect and be observed the part of
the United States"
No legislation the premises has yet been had by the
pera Parliament far as yet known by the Provin
cal Pariaipenis oa Now Brunswick, Nova Scotia and
Prince Edwards Island,
But the 23d of September last law enaeed by
the legislature of Canada The material part of which is in
The words following, namely:
I" l. Whenever the governor of this province shall by
proclamation declare that the said treaty has taken effect
according to the terms thereof the articles enumerated in
he schedule hereuno annexed being the growth and pro-
duce OF the said United States shall he admitted into this
province free of duty, &C,
it shall be lawful for the governor and council by
any order orders be made for that purpose 10 DO
ytbng which shall be found necessary be done the
part of this province to give full effect to the said treaty
and any such order shall have the effect if the on
jec thereof we're expressly provided for by this act
And the question submitted is whether, upon the exhib