The National tribune. [volume] (Washington, D.C.) 1877-1917, 1888-08-30

same effect az IN the case of vessels or goods whose
importation or coming to or being in the waters
ports of the United States contrary to law may now
be enforced and proceeded upon. Every person
who shall violate any of the provisions of tn act,
or such proclamation of the President made in
| pursuance hereof, shall be deemed guilty Of
misdemesuor, and, on conviction thereof, shall be
punished by fine not exceeding $1,000, or by i'm
prl.onn1ent Tor term not exceeding two years, or
by both said punishments, In the discretion OF ths
| court.
| Approved March 8, 1887.
| Mr.. Edmunds then had read the report of
the Conference Committee of the two Houses
| in which he (Edmunds), Mr. Frye (Me.) and
Mr.. Morgan (Ala) acted as managers on the
part of the Senate This report, which is quite
lengthy, shows that the House returned the
| bill previously passed by the Senate with sn
| amendment striking out the whole Senate bill,
/ and proposing an entire House amendment IN
! its place. To this amendment the Senate re-
/ fused consent The conferees of the House
were willing to sccede to the Senate bill, to
| which they wished TO add a new and enlarged
| provision and to adopt measures additional TO
! the Senate Bill To this the Senate managers
| refused to agree, and they reported to the Sen
ate that they felt it to be paramount duty to
/ refuse to accede to the House proposition, as
| they considered 1t both unnecessary and IN
wise, and in derogation to the equal rights of
| the two bodies.
Mr.. Edmuuds. So Il will be seen that one Of the
very things that the President of the United States
! upon was brought directly 20 the attention OF
| the two Houses OF Congress preceding the pas
| sage Of this law, and that the Senate OF the
| opinion that the provisions contained in the law
! as II was proposed and it finally passed were
| entirely inadequate TO the protection of Amer
! lean rights and interests in the respects in
| which they had been ntruded upon and assailed.
! And took into view, rs Congress did when it
passed the act providing for the annulment of the
fisheries articles OF the treaty OF 1871, the fact that
the 18th article Of the treaty of 1871 in force.
both Houses did, and IL order to legslate that
! that would not stand IN the way Of redress
passed this statute (which the President in his
| sage says statute may dol TO authorize him TO
! deny Canadian vessels and Canadian goods access
to ports II they denied the right of fisher
to traasshIp fish, that the treaty had nothing
to do with il; that if Great Britain the treaty being
in force, violated it on her side and denied to
right that we had under IT, we were no longer un-
der any obligation to grant to her right that she
had under it, and IL did not need statute to do
that There are gentleman within the hearing Of
my voice 40" Wiio nave occupied positions as 'AD~
met Ministers OF Presidents Of the United States,
there are others who have not who have been
students Of pubic Law, and my friend from Ala
bAma Mr.. Morgan / appeal 10 as of
the best of them. and they know that when
nation. having a treaty with another chooses TO
break it to refuse or refrain from carrying
reciprocal and equal effect. the other nation is
longer bound and IT is 40 the option Of her Exec
uiye, whose business it ID to that the laws
faithfully executed, and that nothing else IS exc
cuted shall stand up for the rights of the nation that
il thus wronged, just as tie Senator rom New York
Alr. Evartsi did under treaty with some power OF
whom we are now speaking, who told them That II
they chose TO put certain interpret 4on upon that
treaty then he would regard H. under the direction
OF the President Of the United States, end of
the treaty.
lIr. vest, HAY ask the Senator a question?
Mr Edmu4ds. Certainly,
Mr. Vest. Do ] understand the Senator from
Vermont to assert that under the act Of March 3,
1857, known as the retaliation act the President
had Le power to retsllate - to the grievances Of
which Ire complains, and which set forth III hs
message?
Mt Edmun6a Yes,
Yes That ia the posit9ov If ffFe Senators
Mr. Edmunds, That is the position.
Mr. Vest. understand him further to state that
without any statute the general power exists ia the
President Of the United states TO retaiiate when
ever there has been an infraction OF g treaty.
Mr. Edmunds. / have not said that will try to
state nay position again. stated some time ago,
think that the message Of the President contains
reference TO some topics Of discomfort that he has
for the first time communicated to Congress- al
though very old and the attention of Congress
called to them IN reports Of committees long
ago touching the canals, for instance that this act
OF lcs7 does not touch al all, because the preamble
SO TO speak, the introduction Of the act the basis
upon which the President Is TO exert his power
reTs 10 the treatment of American vessels and not
10 the treatment OF Americans Who are in the Wei
land Canal Ii the Cauadin authorities treated the
vessels there wrong that might do, perhaps; but to
the ordinary land cs.rrage It did not 1t was really
the fisheries question: but that being ascertained
the case Of the denial by the Canadian authorities
OF the right Of the Americans to transship their fish
from Halifax to Boston when they brought them
from the Grand Banks. and means Of com
merce. having as the President of the United
United the tight 10 DO that under TIC I5Lh
article OF the treaty OF 1871, the President 0i the
United States first by force of this Of 1857 was
justified and it was his duty TO deny to Canadian
| fish, any other Canadian goods, transportation
across c0antry just far and fast as he
| should deem 1t adequate redress for the wrong
/ committed upon Us; and then ! ADDED that If we
had 40 such statute, our fishermen having right
/ 70 transship their fish from Halifax to Boston,
where they have caught them the high seas, and
/ that being denied 10 them er the 18th article
Of the treaty Of 1871. II within the competence
aud The duty Of the President Of tho United States
/ to inform the British Government that regarded
that article longer oI force for Il could not be
| IN force one side and not the other az the
same time. That il what previous Presidents and
/ Secretaries of State have done. to the honor and
benefit Of the American name and Of American in
! tere-ts
| Nov, sir I want to read on the subject Of this
18th article Of the treaty OF 1871 being in force
/ letter from the Secretary of state, addressed TO
! Hon AIr. Reagan, IA Senator Of the United States
in connection with Investigations OF the Interstate
] Commerce COMMITTEE, and winch was Iaid before
/ that committee by the Senator from Texas in the
course Of his duly member Of that committee,
and il is now on The files Of the committee techui-
cally speaking, although, III fact IL i ia my hands
DEPARTMENT OF STATE.
WAsHIEGTGE Jan. z, 1887.
| sIR: had the honor 10 receive laie yesterday
afternoon your telegram asking 70 be informed
| F." when the treaty of Washington between the
United States aud the Dominion If Canada abro-
| gated2 When did its provisions cease TO oper-
The information you desire is found In the ac.
campaigning document. containing the correspond
ard the British Minister Ia 1885, and the Presi-
| dents proclamation in regard to the termination
OF the fisheries article Of the treaty OF Washington
This document II reprinted in full in tbe recently
! printed Executive Document in relation to the
rights Of American fishermen in British North
American waters (Executive Document No. 49,
/ House Of Representatives, 49lh Congress, second
session, pages 1920, copy Of which is also in-
closed herewith.
The treaty of Washington between the United
States and Great Britain did relate solely to the
Canadian fisheries Only tue fishery articles
thereof were GbroEaled, enumerated ia the Presi
dents proclamation Of jan 81, 1850. The remain
ing articles comprising those which relate to com
fIerclal intercourse between tiie United states and
the British North American possessions, arc still
ia force.
I have the honor to be. cir, your obedfent serv-
! ant, T. II. BAYhRD
Hon. JoHE II. REAGAN. U. 8. Senate.
Those enumerated articles did not, as the PresI
dent says iu his message, contain article 70. They
/ and IN the method provided Tor in the treaty itsei
by the action Of Congress, and when Congress came
to pass TIC law which required the President Of the
United States to give notice Of the termination oil
those articles, II named them, and then provided
for reiustaiug the laws Of the United States which
/ were then In 3 state of suspense rs IL respected
those Rbrogatcd articles. With this careful pTnse
| o!Ogy, which, a. have said, was adopted because
Congress perfectly understood. rs every lawyer OF
| investigation perfectly understood, as the 5ecre.
lRry Of State, himself great lawyer and states,
man, understands. that article - is still iu force
Congress provided for Getting foot again ali the
laws etc, 20 far Il relates 10 the articles Of SAID
! treaty to be determined shall be and stand re
A f F aF