The Osceola times., 1888-09-01
without ths payment Of duties shrousA n.

out payment OF duties from the United States
| Through the said Possessions 10 other places in
the United States, or for ex port from ports In
the said Possessions"
In the year 1886 notice was received by the
representatives OF our Government that our
fishermen would no longer be allowed TO shin
| their fish In bond and free OF duty through
Canadian territory 20 this country; and ever
since that time such shipment has been
denied. The privilege OF such shipment
which had been extended 20 our fishermen.
was most important one, allowing them 10
spend the time upon the fishing grounds which
would otherwise be devoted TO a voyage with
| their catch, and doubling their opprtunities for
prosecuting their vocation. In forbidding the
transit OF the catch of our fshermen over their
territory in bond, and free OF duty, the Cana
dian authorities deprived US of the only facility
dependent upon their concession, and for which
we could supply no substitute
The value 10 the 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 II Is remembered that
for considerable portion Of each year the st.
Lawrence river which constitutes the direct
avenue OF foreign commerce leading to Canada
Is closed by ice, during the last six years the
Imports and exports OF the British Canadian
|
the privileges granted by our laws
amounted to about two hundred and seventy
millions OF dollars nearly all Of which we're
duiiabie under the tariff laws, by far the
| larger part OF this trafic consisting Of ex.
changes OF goods between Great Britain and
her American provinces brought to an car
riod from our ports in their own vessels. The
treaty stipulation entered into by our Govern
ment was in harmony with laws which were
then ON our statute book, and are still in
force
recommend immediate legislative action
conferrlng upon the Executive the power to
suspend by proclamation the operation OF all
laws and regulations permitting the transit OF
goods, wares and merchandise In bond across
OF over the territory OF the United States to or
from Canada. There need be no hesitation In
suspending these laws arising from the suppo-
sition that continuation is secured by treaty
obligations, for 1t seems quite plain
that Article 20 OF the treaty OF
1871, which was the only arti.
Gle Incorporating such laws, terminated
the first day OF July, 1885. The article itself
declares that the provisions shall be IN force
Tor the term OF years mentioned In Article 33 OF
this treaty. Turning to Article 80 we find no
mention OF the Twenty ninth article, but only
provision that Articles IS TO 25 inclusive and
Article 80 shall take effect as soon as tho laws
required TO carry them into operation shall be
passed by the legislative bodies OF the
different countries concerned that they shall
remain In force for the period OF ten years from
the date at which they may come into oper-
alton; and further until the expiration of two
years after either OF the high contracting
parties shall have given notice TO the other OF
Its wish 10 terminate the same.
am OF the opinion that the terms of years
mentioned in Article 80, referred to in Article
10 as the limit OF ITS duration, means the pc
riod during which Articles IS TO 25, inclusive,
and Article 30-commonly called the fishery
articles-should continue IN force under the
language OF Article 49, That the Joint High
Commissioners who negotiated the treaty so
understood and intended the phrase is cer-
tain, for in a statement containing an account
OF their negotiations, prepared under their su-
pervision and approved by them, we find the
following entry on the subject:
'rhe transit question was discussed, and II
was agreed that any settlement that might be
made should include a reciprocal arrangement
in that respect for the period for which the
fishery articles should be in force" ...s
In addition to this very satisfactory evi.
dence supporting this construction of
the language OF Article 90, 1t will
bc found that the law passed
by Congress to carry the treaty into effect
furnishes conclusive proof OF the correctness Of
such construction. This was passed March I,
1873, and is entitled an act 70 carry into effect
the provisions OF the treaty between the United
States and Great Britain, signed in the city Of
Washington the eighth day of May, 1871, relat-
ing TO the fisheries. After proceeding, In Its
first and second sections for putting in opera
tion Articles IS TO Is inclusive, and Article
30 OF the treaty, the third section Is de-
voted 10 Article 30 as follows:
Section 8.-'That from the date OF the
Presidents proclamation authorized by the
first section OF this act, and so long as Articles
IL 10 2j inclusive and Article 30 OF said treaty
shall remain In force according TO the terms
and conditions OF Article SO OF said treaty, all
goods, wares and merchandise arriving, etc,
etc" following in the remainder Of the section
the precise words OF the stipulation on the part
Of the United States as contained In Article 20
which have already fully quoted.
Here. then, is o distinct enactment OF the
Congress limiting the duration OF this article
OF the treaty to the time Articles IS to 25 in
elusive, and Article 81 should continue in force
That in fixing such limitation 1t but gave the
meaning OF the treaty itself, is indicated by
the fact that its purpose is declared 10 be 10
carry into effect the provisions of the treaty
and by the further fact that this law appears to
have been submitted before the promulgation
OF the treaty, 10 certain members OF the Joint
| High Comm ssion, representing both countries,
and met with no objection or dissent.
There appearing to be no conflict or incon-
sistency between the treaty and the act OF the
| Congress last cited, 1t is not necessary to in
woke the well-settled principle that In case OF
such conflict the statute governs the question.
In any event and whether the law of 1873 con.
strues the treaty or governs 1t, Section 30 Of
such treaty. have no doubt terminated with
the proceedings taken by our Government to
| terminate Articles IS TO 25 inclusive, and Arti-
Gle 30 OF the treaty These proceedings had
their inception In a joint resolution Of Congress
passed May s. 1888, declaring that In the Iudg-
| ment OF Congress these articles ought to be
| terminated and directing the Pre- sident to
| give notice TO the Government of Great Brit ain,
| provided for in Article S3 OF the treaty. Such
notice having been given two years prior TO the
first day OF July, iSS5, the articles
mentioned were absolutely terminated on
the last-named day and with them Article 90
was also terminated. II, by any language used
| in the Joint resolution. II was intended TO re
lleve Section OF the act OF 1873, embodying
Article 20 OF tho treaty, from its own limita-
tons or TO save the article, am entirely salts
fed that the intention miscarried, but statutes
granting TO the people OF Canada valuable priv
| tegcs Of transit for their goods from our ports
and over our soil which had been passed prior
| TO the making OF the treaty OF 1879, and inde-
/ pendently OF it, remained in force; ana ever
| since the abrogntion OF tho treaty, and not
| withstandiug the refusal OF Canada TO permit
| our fishermen TO send their fish TO their
home market through her territory I'm bond,
| the people OF the Dominion have enjoyed
| without diminution the advantages OF
| our liberal and generous laws. Without oasing
| our complaint upon violation OF treaty obli-
cations, it is nevertheless true that such re-
/ a,A no OIL int Z