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


hearings OF he extent TO which It should go and the
objects 20 which tshould be limited and the cireum
stances under which il should be brought into play,
q period OF Is months in round numbers. has gone
by, and we informed by the President of
the United States-foT i take il that is what 1t
means. although there IS no word OF that kind IN
the mesSaRe-th8t no step OF any kind has been
taken 20 carry into execution the plain provisions
OF that law.
II is true the law did not require the President
70 put it into effect in the way of sefdefense las
prefer 70 call Il rather than retaIistionl until
should hfve arisen Of the wrong and injustice
mentioned in the statute which should satisfy the
President Of the United Stses that American rights
and interests were being unjustiy dealt with.
Now, what has happened since the passage OF
the actf II nothing has happened, if there have
been no instance Of unjust denial Of American
rights, Of unjust treatment of American citizens in
the provinces of the Dominion, then, of course the
President has been entirely right n taking step
in respect Of the matter. If IN his opinion, how
ever, he now states -, there have been instances
OF the Denial of just rights 60 American citizens
engaged ia the business described iH the act OF 1887
why Is il that he has not taken any step In the
eTcAse OF the power that the law imposed upon hlm
ana IN the exercise 81 las duty thett the Constitution
imposes upon him Of taking care that tie laws are
faithfully executed
Here was Iasg that he was 80 execute when the
contingency should arise Of the existence of par
ticular TACT. lie being satisfied that The fact ez-
listed. then il his duty Ia take steps 10 obtain
redress in the method that tie statute pointed out.
So then, we have the case of period of nearly
is months during which as he now states 10 us IN
this message, la SOME respects, not all because the
message refers 20 matters IN some parts that the
Of 1857 does not refer 10 in regard to for
action in some respects the very rights that
defined IN the statute Of 1851 tie very injuries that
were pointed out lCr his observation and for his
action when he should observe that they had oC-
Cured have existed ever since the passage OF that
eel; iU- in one instance be tells Us that early
Is56 a. American fishing vessel, catching fish
the high seas outside IF tbe 10 and the 20 mile de-
nuiIiatiOn that treaty winch Is said to have been
before The Senate provided for, and sailing a
purely commercial enterprise 70 = port OF British
North America for the purpose, ~ a commercial
rsFa frars
ton. has been by general order, sweeping order,
denied that privilege and excluded.
The President says and says justly, that that was
great, d most important, gTlevous injury TO
American interests and 60 American rights. Why
has lie been silent for Is months, with the whole
power of the law IN ms hands and the easy means
Of exeFtiug all the functions that the law imputed
to him in such a ease To try il? Why has he
NAMED inactive? Doubtless under the patriotic
advice Of the gentlemen who compose his Cabinet,
the heads of Departments. ANA Doubtless with
the most patriotic motives that il would be well 10
submit 10 what il now declared TO be gross and
grieYous wrong with the means at hand to REDRESS
ID az defend against II. and TO enter into discus
sion with the wrong-duer 70 provide for new
TalHgement broader basis of British terri
toriailtv and g new arrangement on broader basis
of British free trade.
So must suppose that these important and ur-
gent powers that Congress unanimously put into
hls haEds, 20 be exercised Is duty iu case he found
tile fact exist that described in statute,
have been suspended by executive authority, by
prerggatlve, a. think u - mentioned ia some OF
the minority reports OF Of the commit
tees here. II of tie attributes of the
President hes been suspended by prerOga-
tIye an English King ia some old time
would undertake 10 sIisllaUu an act Of Parliament
not 10 carry i into execution long ts you
conld talk with the ustion tiat was continuing,
while II Na- tat4hiisE peace te very wrong that IS
now 80 fully and well set forth in tilIs message.
must confess, SIR. President, my establishment
a. such a cUur-e Of action the bart of tie EEecu-
prise and nly regret. and using !ls language, not
tie regret OF partisan, Dut tHe regret OF citizen,
that here for more than year, with the means in
his hands 10 redress IT, lac has failed 10 take any
step. end now sends TO Us s. message asking that
additional powers, bearing as he supposes upon
brOaGer held Of retaliation and covering other
topics be given 20 iilD, and, / must suppose,
the principle that he haas already acted upon, that
untii they are given 10 him lac viii do nothing ut
slI.
This business Is very odd. wish TO call atten-
ton 10 one incident of this message which also
struck with good deal Of surprise, for refer
rluE TO TINS treaty, winch he Gays has been disposed
Of we apparently do not know what the
course Of the negotiations that led to the treaty;
We apparently DO not know what su0stipuiaJiOEs,
and engagements and understandings, and proto-
coils aud CLOSES, and declarations existed. The
President 5ent Us the treaty with, believe,
protocol, which was simply a formal one. he sent
Us another letter, believe, in which Commits
siouers, whatever they were called. our Pieni-
pUten;lEries declined 10 90 into the customs duties
question: aud thes on y resolution OF the Senate,
passed as every Senate from the beginning has
passed such resolutions. asking for all the papers
the minutes the protocols the information so that
the Senate could see Il IA the light that sup
posed Representatives and the President had seen
IT, 10 understand how far il went and what il
meant what was proposed and what denied,
We were told that we had received aii the inferna-
ton that il was thought proper 20 communicate,
brcause there vac al understanding that tie dis
cussaOns a1d propositions should be confidential.
We know how that understanding came out in an
other country than oar own. lt was not confGen-
tial TO them. 20 far 4 now appears
Bui here hEd In this message z thing - which
wish 10 call the special attention OF the Senate
In bis Discussion a. 10 whether the 2sh article Of
te treaty Of le7l Is Ia force not, and support
ing te opinion thsI u u not tau graHely erroneous
as ia my Judgment that opinion H. and has been
80 often agreed ia this body ia former discussions
Of topics that touch This question and was greed
when we passed the act directing the President to
terminate the other articles UenledJ. find this
statement:
That tile Joint High Commissioners who nego-
tiated the treaty 80 understood AID intended the
phrase s. certain Tor 10 statement containing an
account o. their negotiations, prepared under their
supervision and approved by them Fe bnd the fol-
lowing entry ca The sshjret lc transit question
discussed, and If vas agreed that ANY settle
nient that might be- made siiourd include rccpro-
cal arrangement lu that respect for the period for
WhIca Use fishery articles should he ia force "
" .lat bearing thar has upon Tie question as TO
whether the 18th article is ia force il impossible
lyr ne % see A. we can sometimes learn from
Canada, the question as Ia whether Tins article con
uuued 10 force after lie notice Of termination.
which took effect IN 1856 reEdi ascertain from
the Canadian discussions Of g. from the Canadian
prgteuslOn In respect Of the shipping Of our fish
from their ports by railroad 10 own: for so far
D
knows, the Canadian Government have not refused
10 traHsship sh upon the ground that that article
wac not go force. They have made no such pre-
tension. They have refused 10 irausshp fish Oh The
ground that that article did override the con-
geutIOn Of 1878, by which an American fishing
vessel was not 90 come withiu three miles Of the
I land for any purposes wh1tever except the four
1 specially named hat their point
30, without at this time going into any broad
consideration As 20 whether lis z9lh article Is III
force mol, have only say that j. Of no CON
sequence 70 the purpose we NOW have ia hand
whether II 8 ~ force or s not Ia force and whether
/ tAe set % 1866 D. IN force or IN not IN force
In order 70 have any body ahO slIaii read these
discussions understand precisely what the powers
81 the President are ia this connection ask lhz
Secretary 10 read the fisheries Of Is57-the Whole
4 vi u, from beginning TO end.
The Chief Clerk read as follows:
4 CHAP. 859.-An act % authorize the President o
the United states 10 protect and defend the Fi2his
/ Of American fishing vessels, American fisher
I H9eu, American trading aud other vessels ia Ger
4 tain cases, and Tor other purposes.
ne a. enacted, etc. That HeugveT the President
OF the United States 5l3ili be- satisfied Ihas neri
CAT fishing vessels OF American fishermen visiting
the British doInlious Of North America are OF
then lately have been denied abridged Ia IN,
enjoyment ~ any rights secured 90 them by treats
OF law, or are or then lately have been uniisily
/ vexed or harassed lu the enjoyment u such rights
or subjected - unreasonable restrictions reguls.
tloHs, requirements ia respect 81 such rights Oh
/ otherwise usJgslly vezed hara-sed la sntC
waters, ports, or places, whenever the presideu
0f the United States shall 5e satisfied that amy seI
lac laws OF tie United States tu touch and trade
mort IL sr Ia ma