The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-23


ys. thelr subjects have like claims and like demands
WIN British subjects upon this government.
do did | not know that at least there is one safe
guard which the United States have against the pro-
characterzation-and that is that the House Of Rep.
Tesentatlves OF the people VIII never appropriate
sad 70 carry some Of them into effect Il WIN DC
saiu tuat When treaty Is once passed bv the execu
i've pranch OF me government and ratified by the
senats .ne HOUSE must pass the necessary egisla.
the Parliament OF Great Britain IN the COM
mercial treaty made with Holland many years ago
expressly refused TO pass the necessary laws to
carry into effect its provisions, and 1t remains unex-
, ecuteq even 70 this day. And the House Of Repre-
notice, ana The present House have renewed that
e s snas as 70 ne world s
away BY the treaty-making power without the assent
OF the House.
have tassed your patience 50 much in the con.
treaty that hardly dare ask your attention to any
other criticisms upon IT.
and the Welland Canal, by paying for them. That
we have now. | never have heard OF any United
Of these waters or gong through the canals by pay
Ing the tolls. There may DO such oil grew
national attention. But for that we give, Tree OF
cost and license to British SUBJECTS the navigation
open to them the coasting on the great lakes pro-
yldng they can show that they are carrying goods
that nave ever been land borne on Canadian soil.
BESIDES we are to open all our ports to the import
OF British goods in bond TO be carried in transit
across our country TO any part Of the British posses
sions. And we are to permit any, goods from the
British possessions to be carried through our coun-
try from the Provinces also in bond.
NOW, with the example before us that 1t was
found impossible under our internal revenue laws,
by the severest penalties and exactons Of fines and
imprisonments, TO prevent frauds upon the revenue
IN the transportation OF whlskey In bond, to sucn
degree that the privilege had to be abolished, we
can Judge what lrghtiul source Of smuggling and
fraud upon the revenue is opened by the transit of
British goods both ways, In bond, over vast extent
or country, with 5000 miles OF custom houses with
ramIUCltlOn railroads q
portions OF country more or less unnhabited.
But need not stop to elucliate tins further; in
1act this practice Of carrying bonded goods through
our territory to be finally disposed Of In another u
rislictlon will be found very disastrous to our
The only other thing that we receive is submis
sion to arbitration OF the question OF title to the
what has always been done when we have submitted
{3 y b5 ;B Sf@ s ssss g s. aans ss s
Of the Netherlands have not much hope from this
arbitration. Nor does our situation in this regard
seem TO be improved by the fact that the treaty pro-
vides that our title to this island submitted to tho
sole decision OF the Emperor OF Prussia whel her pre-
sent or TO come. There was not lawyer on the
Commission who would not nave refused to sit as
Judge In q case where his sons wife might be inter.
ested: Why then provide such judge for his
ested Emperor OF Russia, who might have been Sc.
ected save,that hehas been thought be friendly to
America. we shall lose San Juan doubt not, but
II Is not OF very much consequence, because with
reasonable firmness OF administration our part
San Juan and all the rest or British America viii
reflection nave to this treaty, and will relieve In
part my objections to it more or less, excepting a-
ways the rules as to neatral nations which hold us
and our posterty forever bound to the superiority Of
British commerce.
that IN regard to the fisheries, Is quite as remarka
BILE for what 1t leaves unprovlded for for what
, provides. 1t il well known to both governments
that there claims In large amounts for damages,
ana OF stu larger consequence IN the principle they
involve against Great Britain for the confinement
and without any apparent Justice. With the exam
pie Of Englsna before us Of going 70 war WITH the
barbarous King OF Abysslna because five English
subjects were heId in custody only by that savage
prnce-which every civilized nation justi-
ncd-how can our government be, excused
ment Of the questions between Great Britain itil
and this country, that the claims Of our citi.
zens, whether native born or naturalized, for in
luries wrongiuy suffered by them at The hands OF
the British government should be now and here adj
Justed, settled and padS The for the refusal
OF our Commissioners TO have this class Of Claims
considered was that the British Commissioners put
forward claims by Canada against the United States
on account Of the Fenian raids. That seems to me
cause Of complaint against this government for nor
using due diligence and care IN preventing Its cltl-
Zens as soldiers ,o going 70 Canada then we ought to
by our neglect OF duty. 1t does not answer the
mann hs a our or MAKE demand
injuries OF our citizens to say that II do we SHAH
be called upon to make good like injuries and
wrongs that we have done or suffered TO be done.
II there are any just claims against us let them be
paid, so that our citizens suffering in foreign prisons
Britain which must ever be source OF trouble and
that is the respect dub TO our inflammation laws,
and TO our citizens who were her subjects aud
to our constitution. 1t has been the practice OF
Great Britain since 1917 whenever convenient, 10
subjects to be Amer can citizens BY virtue Of their
certificates OF naturalization and We as q nation
have been the subject OF almost daily insult IN nav.
WHAT excuse have the American Commissioners or
the government to offer why this prolific source Of
doing by England to the citizens OF the United
States within their borders be not done away with
by effective rules binding tile future conduct Of that
Power and indemnlfying our citizens for the pasta
Calling. your attention TO one other matter to
which this treaty covertly but very efrectuay com
mits u.s. will relieve You from further discussion OF
these topics. IL Will be observed that the United
independent Powers and yet Great Britain requires
us In every part OF the treaty, step by step, to
acknowledge the Dominlon Of Canada as a qndss IN.
dependent Power. This treaty IL to be In force be-
tween the two governments II portion or the
people OF one government Will agree to It. We
get tue consent OF Canada. WE'LL what IL Canada
but q British province Why snail we be put
saitor '' to i the pomnion n'' Of Canada, S for
what we shall 90 or what we shall
not receiver True, sop Is thrown 10 us by Il pro-
VISION that the United States shall ask the States TO
open their canals as fast as they are built to British
Again, confess my ignorance. | never have
heard any objection made by any state or corpora
tion having any canal to any boat, British or other,
going through II, who would pay tolls. Canal boats
do not generally carry the flag OF their country, so
that II would not be an offensive object haunting
The British ensign In our faces And ] have
yet TO hear OF any occasion for any such
stipulation. And, SO far as I am advised, II
Is a new species OF dipiomacy-a recognition or
STATE rights, not even laid down III the rcsoln,iope
OF '9S-that the ioaty-m0king power OF the unIted
states with foreign nations Is to be subject TO ran
cation by the states, legislatvely OF otherwise.
had supposed up TO this present moment, that
had known OF every possible assertion OF State
rights but IN defiance or what Solomon says, that
there is nothing new under the sun, here Is new
assertion OF State rghts--an Implication that the
Legislatures Of the states may override the treaty.
making power OF the United States.
Trusting that the senate viii exercise ifs SOUND
Judgment upon this treaty, cause the fullest discus
slon. take time and wait 10 hear the response OF the
country after the treaty has been read and com
mcnied upon, not by hired newspapers in the inter-
est OF parties seeking payments OF money under the