St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1888-08-24

which were goods dutlable under our
tariff laws by far the largest part OF
this traffic consisted of exchanges OF
goods between Great Britain and her
American provinces brought to and
carried from our ports in their own
vessels. The treaty stipulation en-
tered into by our governm Mt was
in harmony with the laws which were
then on our statute book and are still in
force. | recommend immediate legiSlat-
i've action comforting upon the eXecu-
tive the power
TO SUSPEND BY PROCLAMATION
the operation of all laws and regula-
tions permitting the transit of goods,
or over the territory of the United
States to or from Canada. There need
be no hesitation in suspending these
laws arising from the supposition
that their continuation is Sc
cured by treaty obligations for
it seems quite plain that article 90, of
the treaty OF 1871, which was the only
article Incorporating such laws, termi-
mated the 1st of July, 1885. The article
lnSelf declares that provisions shall be
in force
For the term of years mentioned in article
33 of this treaty.
Turning to article 80 we find no men
ton of the Doth article. but only pro-
vision that articles Is to 25 inclusive,
and article 80 shall take effect as soon
as the laws to carry them into operation
shall be passed by the legislative bodies
of the different countries concerned and
"That they shall remain in force for 10
years from the date at which they may come
into operation and further until the eXpira-
ton of two years after either of the high con-
cho11 civ tn
the other of its wish to terminate the same"
l am of the opinion that the ''term of
years mentioned in article 49," referred
to in article 90 as the limit of it's dura-
ton, means the period during which
articles IS to 25 inclusive. and article 80,
commonly called the Fishery articles"
should continue in force under the
language of said article 33. That the
joint high commissioners who negoti-
ated the treaty
so UNDERSTOOD AND INTENDED
the phrase is certain in statement
containing an account of their negotia-
tions, prepared under their supervision
and approved by them, we find the fol-
lowing entry on the subject:
The transit question was discussed. and it
was agreed that any settlement that might
be made should include reciprocal arrange
ment in that respect for the period for which
In addition to this very satisfactory
evidence supported this construction of
the language of article 30, it will be
found that the law passed by congress
to carry the treaty into effect furnishes
conclusive proof of the correctness of
such construction. This law was
passed March l, 1878, 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 s.,
1871, relating to the tisheries.'
After providing in it's first and second
sections for putting in operation arti-
cles 16 and 25 inclusive, and article 80,
of the treaty, the third section is devoted
to article 20, as fOllows:
Sec. g. That from the date of the presi-
dents proclamation authorized by the first
section of this act, and so long as the Arti-
cles 18 to 25, inclusive, and Article 80 of
the said treaty shall remain in force, accord
ing to the terms and conditions of Article 33
of said treaty, all goods, wares and merchan-
disc arriving, ETC., etc.
Following in the remainder of the sec
ton the precise words of the stipulation
on the part of the United States as con-
tanned in article 90, which 1 have al
already quoted. Here, then. is a dis
tinct enactment of the congress limiting
the duration of this article of
the treaty to the time that ar
tlcles Is to 25 inclusive, and article
80 should continue in force. That in
fixing 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 ap-
pears to have been submitted be-
fore the PRONUNCIATION of the
| treaty to certain members of the
join, high commission representing
| both countries, and met with no Objec.
| ton OF dissent. There appearing to be
no conflict or inconsistency between the
treaty and the act of the congress last
| cited, 1T is not necessary to invoke the
we'll settled principle that in case OF
| such conflict the statute governs
the question. In any event, anG
whether the law of 1878 construes
the treaty OF governs it, section 90 OF
ted with the proceedings taken by Oul
| government to terminate articles Is t.
25, inclusive, and article 80 of the
treaty. These proceedings had theil
inception in joint resolution of con
gress, passed May 8. 1888. declaring
that in the Judgment of congress:
these articles ought to be terminated
and directing the president to give the
notice to the government of Grea
Britain, provided for in Article 35 o1
the treaty. Such notice having beer
given two years prior to the 1st day Of
July, 1885, the articles mentioned were
absolutely terminated On the last named
day, and with them article 20 was als(
| terminated.
If by any language used in the join
| lnfi nd fn
section 8, of the act of 1878, embodyins
article 90 of the treaty from its owl
limitations, or to save the article itself
/ am entirely satisfied that
| THE INTENTION MISCARRIED.
But, statutes granting to the people O.
| Canada the valuable privileges of,,transl
for their goods from our ports and owe,
our soil, which had been passed prior t.
the making of the treaty of 1871, and in
dependently of it, remained in force. anC
ever since the abrOgation of the treaty
and Notwithstanding the refusal O
Canada to permit our fishermen to senC
their fish to their home market through
her territory In bond, the people of tha
dominion have enjoyed without di
minution the advantages of our liberia
and generous laws. Without bas
ing our complaint upon a vic
lation of treaty obligations. it is never
theless true that such refusal O
transit and the other injurious act
which have been recited constitute
provoking insiStance upon right
neither mitigated by the amenities o
national intercourse nor modified b,
the recognition of our liberality ant
| generous considerations.
The history of events connected will
this subject makes it manifest that tn
Canadian government can, if so dis
posed, administer its laws and protec
the interests of its people without man
Hesitation of unfriendliness, and with
out
THE yNNEIGHBORLY TREATMENT
of our fishing vessels of which we hav