San Marcos free press. [volume] (San Marcos, Tex.) 1877-1892, 1888-09-06
lowing language. contained In the twenty
ninth article OF said treaty;


goods, wares or merchandise arriving At the
ports Of New York, Boston and Portland, and
any other ports OF tho United States which have
bcen or may from time TO time be specially
designated by the president OF the United States
and destined for her Britannia maiesty's possess
sions In North America, may be entered at the
proper custom house and conveyed In transit
without the payment OF iuties, through the ter
ritory OF the United States, under such rules,
regulations and conditions for the protection OF
the revenue as the government OF the United
States may from time 10 time prescribe; and
under like rules, regulations and conditions
goods, wares or merchandise may be conveyed
In transit without the payment OF duties from
such Possessions through the territory OF tho
United States for export from the said ports OF
the United States.
II Is further agreed TINT for the like period
goods wares, or merchandise arriving at any OF
the ports OF her Britannia majesty's pos sessions
In North America and destined for the United
States, may be entered ut the proper custom
house and conveyed In transit without the pay
ment OF duties through the said possessions
under such rules and regulations aud conditions
for the protection Of the revenue as the govern
ment OF the said possessions may from time TO
time prescribe, and under like rules and regula-
tions and conditions goods, wares or merchan'
disc may be conveyed In transit without pay
ment af duties from the United States through
States or for export from ports iu the said pos
sessions.
In the year 1885 notice was received by tho
representatives of our government that our
fishermen would no longer be allowed to ship
their fish in bond and free of duty through
Canadian territory to this country; and ever
since that time such shipment has been
denied. The privilege OF such shipment
which had been extended TO our fishermen
was most important one, allowing them to
spend the time upon the fishing grounds
which would otherwise be dev, ted to n
voyage home with their catch, AID doubling
their opportunities for profitably prosecuting
their vocation In forbidding the transit OF
the catch Of our fishermen over their terri
tory In bond and free Of duty the Canadian
authorities deprived us of the only facility
dependent upon their concession, and for
which we could supply no substitute.
The value to tho Dominion 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 1t is remembered
that, for considerable portion of each year,
the st. Lawrence river, which constitutes
the direct avenue Of foreign commerce lead
ing to Canada, is closed by iee During the
last six years the imports and exports of
British Canadian provinces carried across
our territory under the privileges granted by
our laws, amounted In value to about S270,-
600 900, nearly all Of which were goods du-
table under our tariff laws, by far tho
larger part OF this traffic consisting Of ex-
changes of goods between Great Britain and
her American provinces brought to and car
ried from our ports in their own vessels
The treaty stipulation entered into by our
government was In harmony with laws
which were then on our statute book and are
still In force.
recommend imme iiate legislative action
comforting upon tho executive the power to
suspend by proclamation the operation Of all
laws and regu'a ations permitting the transit
of goods, wares, and merchandise In bond
acro,s or over the territory of tho United
States to or from Canada There need be no
hesitation In s,ispendng these laws arising
from the supposition TINT their continuation
is secured by treaty obligations, for 1t seems
quite plain that article twenty nine of the
treaty of 1871, which was the only article in
cooperating such nws, terminated the first
day of July, 1885 The article itself
declares that its provisions shall be In
force "for the term of years mentioned
in article thirty three Of this treaty"
Turning to article thirty three we find no
mention of the t,yentv-ninth article but ouly
n ,,royI.;or tI,ot o,tic,a. aiob,oan to twaptv.
a.. ;,nI,,s;,,o cd art;oIa ,hirtv shoIj toIa
~. Nc so,,,, me- .ho In a, ,.o,,n;r.d 20 rrv
thon, int onorotio,, sboI, he nm ssed bv tho
ia,,i.Iot,va hnd;os NJ tho d;fyarent countria.
s ond tbot utbev shall remoiu in
sor.o ,or tho ,ariod NJ tan veors from the
aato 80 ,,h;o,, .ho,, nov oon,a mt on.ro,ior
- f,.thor ,,u On ,ha ~ ,;rotion ~ ,uo Won =.
:. stor oithar ~ ,ho hiuh contract;no no,tio.
.,.m hoyo ,,ivon notico IN tho otbar ~ ity
'',,s,, % tor,';nota ,ha so,uop
~, - ,ha o,,i,,io, thot tho utor,, ~
T., a,.,,oia tI,,.t,. ,.uoa v 40
ya..ad 70 T., ortio,a ,wontv~rino no tha limit
20 H. J,,,..,,o,, ,,,aa,s .ha ,,r;od d,riu,,
,,,,,oL artio,aS a;,htoan 20 t,rantv.avo in'
r,rsiuo and artinIa thirtv co'nmonIv called
.i.a ,tGshar, a.tio,os shorId oont;,uo In
so-,o urdor tho Iongu,g, of e,id article
,Ti,.t,, throo Tint t5a ioi,t bigb comn,is-
oi.l =, IT, '',;,taS ,I,a 80, ,,rin.
'i'"o'' a.
stood ana ihIehuso the phras' IL ccr'''ih' ior
In statement containing an account Oh
their negotiations, prepared under their SUI
pervision and approved by them, We find the
entry on the subject:
The transit question was discussed, ani il was
agreed that any settlement that might be made
should include reciprocal arrangement in that
respect for the period for which the fishery arti-
ces should be III force.
In addition To this very satisfactory evl-
dence supporting this construction OF the
languag. oil article twenty-nine, IL VIII be
found that the law passed by congress TO
carry the treaty into eit,cS furnishes con-
elusive proof OF the correctness OF sueh CON
This law was passed March l.
1873, and Is entitled AN act 10 carry into
effect the provisions OF tine treaty between
the United STATES ana Great britain, signel
in the city OF washington tne eighth day oil