Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1888-08-31


United States OF property arriving a
our ports and destined to Canada, o
exported from Canada to other coun
tries.
THE TREATY OF WASHINGTON
tThe President here quotes the 29tl
article of the treaty of Washington be
tween the United States and Grea
Britain, negotiated in 1871, which, h,
says, was largely modification OF thu
treaty OF 1918, in which the privilege,
referred to were made reciprocal anC
given by Canada to the United States
Continuing, the President says:
During the Last six years imports
and exports OF British Canadian prov
inces carried across the United States
under privileges granted by our laws
amounted in value to about $27O 600, )
600, nearly all of which were goods
dutiable under our tariff laws. By far
the larger part of this traffic consisted
Of exchanges Of goods between Great
Britain and her American provinces,
brought to and carried from our ports
in our own vessels. The treaty stipu-
lation entered into by our Govern
ment was in harmony with the laws
which were then on our statute books,
and are still in force.
recommended immediate legisla-
tive action comforting upon the Exec
utive power to suspend, by proclama-
ton, the operation of all laws and regu-
lations 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 suspending those laws
arising from supposition that their
continuation is secured by the treaty,
for it sesms quite plain that article 90
of the treaty of 1871, which was the
only article incorporating such laws,
terminated in July, 1880. The article
itself declares that its provisions shall
remain in force for the term of years
mentioned in article 33 of this treaty.
Turning to article 33, we find no men
ton of the Goth article, but find a pro-
vision referring TO articles Is to 26, in
elusive, and article 80. ! am of the
opinion that the term Of years" re-
ferred to in article 90 means the period
which articles Is to 25, inclusive, and
article 30, commonly called the fish
cry article" shall continue in force.
In addition to other satisfactory evil
dence supporting the construction of
the language OF article 80, it will be
found that law passed by Congress
March l, 1873, to carry the treaty into
effect, furnishes conclusive proof of the
correctness of such construction.
THE TREATY UNDOUBTEDLY TERMIN-
After quoting the act of March,
1873, the President says:]
Here, then, is distinct act OF Con-
gress limiting the duration of this ar
ticle of the treaty to the time that ar
ticles Is to 25 inclusive and article 80
should continue in force There ap-
pearing to be no conflict or incon-
sistency between the treaty and the
act of Congress last cited, it is not
necessary to invoke the we'll settled
principle that in case Of such conflict
the statute governs the question.
Whether the law OF 1873 construes the
treaty or governs it, section 80 of such
treaty, have no doubt, terminated
with the proceedings taken by our
Government to terminate articles l8
to % inclusive and article 30 Of the
treaty.
These proceedings had their inspira-
ton in the joint resolution of Con-
gress passed May 3, 1883, declaring
that these articles ought to be termin-
ated, and directing the President to
give the notice to Great Britain pro-
vided for in article 33 of the treaty.
Such notice having been given, two
years prior to the LIST of July, 1885,
the articles mentioned were absolutely
terminated on that day; but the stat
utes granting to the people of Canada
valuable privileges of transit for their
goods, which had been passed prior to
the making of the treaty of 1871 and
independently of it, remained in force,
and ever since the abolition of the
treaty the people of the Dominion have
enjoyed, without limit, the advantages
of our liberal and generous laws.
Without basing our complaint upon
violation of the treaty, it is neverthe-
less true that such refusal of transit,
and other injurious acts which have
been recited, constitute provoking
insistance upon rights, neither miti-
gated by the amenities of national in
tercourse nor modified by recognition
of our liberality and generosity. The
history of events connected with this
subject makes it manifest that the
Canadian Government can administer
its laws and protect the interests of its
people without manifestation of un-
friendliness and without unneighborly
treatment of our fishing vessels, OF
which We have justly complained, and
whatever is done on our part shall be
done in hope that the disposition of
the Canadian Government may re-
lieve the occasion to resort to the Ex-
ecutive power now sought to be
brought about.
THE CANALS AND THE LAKES.
/ wish to call the attention of Con-
gress to another subject, involving such
wrongs and unfair treatment to 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
| Ehorollv hx, tho VYuitad 2t~too Govorp