Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1888-08-24


from said ports OF The United States.
II Is further agreed that for like
period goods, wares, or merchandise ar.
irving ut any OF the ports OF her Britain.
MIC Maicsty's possessions in North Amer.
ca and destined for the United States
may be entered at the proper custom.
house and conveyed in transit without
payment Of duties through said posses.
eions under such rules and regulations
and conditions for the protection OF the
revenue as the Governments OF said pos.
sessionsmay from time to time prescribe
and under like rules and regulations and
conditions goods. wares, or merchandise
may be conveyed in transit without the
payment Of duties from the United
States through said possessions 10 other
places in The United States or for export
from any ports in said possessions.
In the year 1886 notice was received
by The Representatives OF our Govern.
ment that our fishermen would no longer
be allowed 10 ship their fish in bond
and free Of duty through Canadian ter.
ritory TO this country, and ever since
that time such shipment has been de-
MED. The privilege of such shipment
which had been extended to our fisher
men was a most important one, allowing
them to spend the time upon the fishing
grounds which would otherwise be do.
voted to voyage home With their catch,
and doubling their opportunities for
probably prosecuting their vocation.
n hn ~ \.
catch OF our fishermen over their
territory IN bond aud free of duty the
Canadian authorities deprived us OF the
only facility dependent upon their con-
ceseion, and for which we could supply
no substitute. The value 20 the Do
minion Of Canada OF the privilege OF
transit for their exports and imports
across our territory, and to and from our
ports, though great IN every aspect, will
be better appreciated when it is remem-
bered that for considerable portion OF
each year the st. Lawrence river, which
constitutes direct avenue of the foreign
commerce leading 10 Canada, is closed
by ice. During the last six years the
imports and exports OF the British Cana
dian province carried across our territory
under privileges granted by our laws
amounted in value to about $270, coo,
600, nearly all of which were goods du-
table under our tariff laws, 10y far the
larger part of this traffic consisting Of
exchanges OF goods between Great Bri-
tain and her American provinces brought
to and carried from our own ports in
their own vessels
The treaty stipulation entered into by
our Government was in harmony with
the laws which were then on our statute
book and are still in force. recon-
mend immediate Legislative action con-
ferring upon the Executive power to sus-
pend by proclamation the operation of
all laws and regulations permitting the
transit Of goods, wares, and merchandise
in bond across or over territory OF the
United States to or from Canada.
There need be no hesitation in sus-
pending these laws arising from the sup
position that their continuation is secured
10y the treaty obligations, for it seems
quite plain that Article XXIX. of the
treaty of 1871, which WIS the only arti-
Gle incorporating such laws, terminated
the list day of July, 1885. The article
itself declares that It's provisions shall be
in force "for the term OF years men
toned in Article XXXllL. Of this
treaty"
Turning TO Article XXXIII., we find
no mention Of the twenty ninth article,
but only provision TINT Articles XVIII.
to XIV. inclusive, and Article Nm.
shall take effect AS soon as the
laws required TO carry them into opera
ton shall be passed by the legislative
bodies Of the different countries con-
cerned. and that "they shall remain in
force for period of ten years from the
date at which they may come into opera
ton and further, that until the expira-
ton of two years after either Of the high
contracting parties shall have given no
tice TO the other of its wish to terminate
the same"
am of the opinion that the "term of
years mentioned in Article XXXIll. "
referred to in Article xxx. as the limit
of its duration means the period during
which Articles XVIII to XIV. inclu-
siye. and Article xxx, commonly call
ed FISHERY articles, should continue in
force under tho language of said article
NXXIIL.
That the Joint high commissioners who
the treaty so understood and
intended the phrase is certain, for IN
statement containing an account Of their
prepared under their su-
pervision and approved by them, We find
the following entry on the subject:
1.-THE transit question WAS discussed,
and 1t was agreed that any settlement
that might be made should include re-
ciprocal arrangement in that respect for
the period for which the fishery articles
should he in force. "
In addition to this very satisfactory
evidence supporting this construction OF
the language of Article xxx. it will be
found that the law passed by Congress
10 carry the tresty into effect furnishes
conclusive proof OF the correctness OF
such construction. This law Was passed
March !, 1878. and Is entitled can act
to carry into effect the provisions of the
treaty between The United States and
Great Britain, signed III the city of
on the Sth day of May, 1871,
relating to fisheries.
After providing in its first and second
sections for putting in operation Articles
XVIII. to XIV. inclusive, and Article
XXX. of tho treaty, the third section is
devoted TO Article XXIX., as,follows:
"Sectlon B. That from the date of the
proclamation, authorized by
The first section of this act. and so long
as Articles XVIII. to XIV. inclusive,
and Article xxx. of said treaty shall re-
main in force. according to the terms and
conditions of Article XXXIII. Of said
treaty, all goods, wares. and merchan-
disc arriving" etc, etc.
Following IN the remainder OF the
sectionis the precise words of the stipula-
ton on the part of the United States as
contained in Article XIX. which l
have already fully quoted. Here, then,
Is distinct enactment OF Congress
limiting the duration of this article OF
he treaty to the time that Articles XVIII.
10 XIV. inclusive and Article Xxx.
should continue in force.
That in fixing such limitation it but
ave the meaning OF the treaty itself is