The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1888-08-24

and merchandise in bond across O
I over the territory Of the United State
+ al, to or from Canada. There nees
Z be no hesitation IN saspending thos
laws arising from the s1pposition tha
their continuation Is secured BY treaty
for II seems quite clear that article =
! OF treaty H. which was the only srficl
Incorporating such laws. terminates
July, is.5- The article itself declare
that its provisions shall remain il
force for the term Of years mentioneS
IN article 3 OF this treaty Turning L
article q We find no mention OF fhs
zfh article, but find provision re
ferring 20 articles Is 10 3 inclusive
and article 20.
TfsR REMEDY LEGAL
am OF the opinion that the tern
Of years" referred to in article 2
means the period during which arti.
cles Is 70 25 inclusive and article 80
commonly called the Fishing article, !
shall continue in force. In addition
to other satisfactory evidence support
ing this construction of the language
Of article 70. il will be found that the
law passed by congress March /, 1878,
to carry the treaty into effect, fur
nished conclusive proof OF the correct
ness OF such construction. After
quoting the act of March, 1873. the
president says: Here, then, is a dis
tinct act of congress hmiti.g the du-
ration of this article OF the sreaty
TO the time that articles Is to 25
inclusive and article 80 should
continue in force. There appearing to
be no conflict or Inconsistency between
the treaty and the act of congress last
cited, Il Is not Necessary to invoke the
well-settled principle that in case of
such conflict. the statute governs the
question whether the law OF 1873 con-
strues the treaty or governs it. Sec
ton - Il such treaty, have no doubt,
terminated with the proceedings taken
by our government to terminate arti-
cles Is 10 . Inclusive and article 80 of
the treaty. These proceedings had
their inception in a joint resolution of
congress passed May 30, 1883, deciar-
ing that these articles ought to be ter
minated, and directing the president
TO give the notice to Great Britain pro-
yided for in article % of the treaty.
such notice having been given two
years prior to the LIST of July 1885,
the articles mentioned were ab-
soiutely terminated on that day;
but the statutes granting to the people
OF canada the valuable privileges of
transit Tor their goods, which had been
passed prior TO the making OF the
treaty OF 1871, and independently of it
remained in force, aud ever since the
abolition Of the treaty the people of
the dominion enjoyed without limit
advantages OF our liberal and generous
laws Without basing our complaint
upon a violation of the treaty, it is
nevertheless true that the refusal of
transit and other injurious acts which
have been recited constitute provok-
ing resistance of our rights neither
mitigated by the amenities of national
intercourse nor modified by the recog-
milton of our liberality and generality.
LESSON IL cIyILITY.
The history OF the events connected
with this subject makes il manifest
that the Canadian government can
administer Its laws and protect the
interests OF its people without the
manifestation OF unfriendliness and
without the unneighborly treatment
OF our fishing vessels OF which we have
Justly complained, and whatever is
done ON our part shall be done in the
hope that the disposition of the Cana
dian government may relieve the occa-
sion to resort to the executive power
now sought to DC brought about.
l wish to call attention of congress
TO another subject involving such
wrongs and unfair treatment 10 our
citizens as in my opinion requires
prompt action. The navigation of the
great lakes and the immense business
and carrying trade growing out of the
same have been treated broadly and
literally by the United States govern
ment and made free 10 all mankind,
while the Canadian railroads and nav
igation companies share in our coun-
try's transportation upon terms as
favorable as are accorded our own
citizens. The canals and other public
works built and maintained along the
line OF lakes are made free To all.
In contrast 10 this condition
and eyincing a narrow and ungener-
Gus spirit. every dock and canal which
IS a public work in Canada is subject
to tolls BY the treaty OF 1871 pro-
vision was made to secure 10 the citi-
Zens OF the United States the use of
the Welland, ~. Lawrence and other
canals in the Dominion OF Canada on
terns OF equality with the inhabitants
OF the Dominion, and yet evidence
has for some time been before con
gress showing that the tolls charged
ON cargoes destined to Canadian ports
are nearly all refunded, while cafgoes
bound for American ports are rot
allowed such advantage.
! recommend that such legislation
be had a. viii give Canadian vessels
navigating our canals. and their car
goes the same advantages granted 10
our vessels and cargoes upon Canadian
canals, and that the same be meas
ured by exactly the same rule OF dis
elimination.
TOO SERIOUS FOR PARTIsASsHIP.
These are subjects which partisan
ship should not disturb or confuse.
Let us survey the ground calmly, and
having put ide other means OF set
tlement, ii ve enter the policy of re-
tiliation let US pursue it firmly, with
determination to sub eFve the inter
ests OF our people and maintain the
high standard and becoming pride OF
American citizenship.