The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1888-08-31

the legislative bodies OF the Inherent cOun-
tries concerned, and that they shall remain in
force for ten years from the date at which they
may come into operation and further until the
expiration Of two years after either Of the high
contracting parties shall have given notice to
the ther of its wish to terminate the same.
am Of the opinion that the 'term of years
mentioned in article 50. referred to in article
g as the limit to its duration means the
period during which articles IS to 2, inclusive
and article 81. commonly called the fishery
articles shall continue in force under
the language Of said article g. That the
joint high commissioners who negotiated the
treaty SO understood and intended to phrase
ascertain. for in a statement containing an &C.
count of their negotiations, prepared under
their supervision and approval by them, we find
the following entry on the subject 1.-The tr 'nsit
question was discussed and it was agreed that
any settlement that might be made should in
clude a reciprocal arrangement in that respect
for the period for which the fishery articles
shall be in force
In addition to this very satisfactory evidence
supporting this construction of the language Of
artical 20 it will be found that the law passed
by Congress to carry the treaty into effect
furnishes conclusive proof Of the correctness o
such construction. This law was passed March
/. 1873 and is entitled AN act to carry into effect
the provisions Of the treaty between the
United States and Great Britain. signed in
Washington May & 1871, relating to the
fisheries After providing In its frs: and
second sections for putting In operation
articles IL to IS inclusive and article
30 Of the treaty, the third section is de-
voted TO article 20 as follows: Section SHAT
from the date of the Presidents proclamation
authorized by the first sec ion of this act, and
so long as the articles IL TO Is inclusive and
article 30 Of said treaty shall remain in force &C.
cording to the terms and conditions OF article
50 Of the treaty. all goods wares and merchan-
disc arriving" etc, following in the remainder
OF the section the precise words Of the stipula-
ton on the part OF the United States as con-
tanned in article % which I have already
fully quoted. Here, then. Is a distinct
enactment Of the Congress limiting the
duration of this article Of the treaty to the time
that articles IS TO IS inclusive and arti lie
80 should continue in force. That in fix
ing such limitation it but gave the meaning
OF the treaty itself is indicated by the fact that
its purpose is declared to be to carry into effect
the provisions Of the treaty and by the further
fact that this Law appears to have been submit
ted before the PRONUNCIATION Of the treaty TO
certain members of the joint high commission
representing both countries and met with no
objection or dissent. There appearing to be no
conflict or Inconsistency between the treaty
and the act of the Congress last cited. it is not
necessary to invoke the well settled principle
the question.
In any event and whether the Law Of 1873 con.
strues the treaty or governs 1t. section % Of
such treaty, 1 have no doubt, terminated with
the proceedings taken by our Government to
terminate articles IS to 2, inclusive and article
inception in q joint resolution Of Congress
passed May 3, 1854 declaring that in the judg-
ment OF Congress these articles ought to be ter
minated, and directing the President to give
the notice to the Governm ent of Great Britain
provided for in article B Of the
treaty. Such notice having been CIV
en- two years prior to July 1. 1885, the
on the last day named. and with them article %
was also terminated. II by any language used
IN the joint resolution it was intended to re-
lieve section OF the act Of 1873 embodying Nr-
ticle % Of the treaty from its own limitations
to save the article itself, am entirely satisfied
that the intention miscarried. But the statutes
granting the people Of Canada the valuable
and over our soil which had been passed
prior to the making Of the treaty of
1871 and independently remained in
force and ever since the abroga-
ton OF the treaty. and Notwithstanding the re-
fusal Of Canada to permit our fishermen to send
their fish to their home market through her
territory in bond, the people OF that Dominion
tages OF our liberal and generous laws. With
out basins our complaint upon violation of
treaty obligation, it is nevertheless true that
such refusal Of transit and the ether injurious
acts which have been recited constitute a pro-
voking insistance upon rights neither mitigated
by the amenities OF National intercourse. nor
modified by due recognition Of our hberality
and generous consideration.
The history Of events connected with this
subject Canadian
Government can. If SO disposed, administer its
laws and protect the interests Of its people |
without manifestation OF unfriendliness, and |
without the unnslghborly treatment Of our
fishing vessels of which we have justly COM |
planned. and whatever Is done our part |
ton Of the Canadian Government may remove |
the occasion Of . resort to the additional ex- |
ecutive power now sought through legisla- |
tive action. am satisfied that upon the prin- |
ciples that should govern retaliation. our |
intercourse and relations with the Dominion |
Of Canada furnish no better opportunity for |
its application than is suggested by |
the conditions herein presented, and |
that il could not be more effectively inau 81 |
rated than under the power of suspension |
recommended While I have expressed my |
clear conviction upon the question Of the con- |
tinuance OF section % Of the treaty Of |
1871, I OF course fully concede the power |
and the duty Of Congress in contem-
plating legislative action to construe the |
terms Of any treaty stipulation which might |
upon any possible consideration Of good faith |
limit such action, and likewise the peculiar
propriety in the case here presented Of its in
depreciation OF its own language as contained 4
in the laws OF 1873. putting into operation said |
treaty. and Of 1883, directing the termination
thereof, and il in the deliberate Judgment of
Congress any restraint to the proposed legisla-
Rs,v.o e. t. h~h H.. /