San Marcos free press. [volume] (San Marcos, Tex.) 1877-1892, 1888-09-06

NUMBER 36.

1878 construes tho treaty or governs II, 500
ton twenty -nine Of such treaty, have no
doubt terminated with tho proceedings taken
by our government to terminate articles
eighteen to twenty-five, inclusive, and article
thirty Of the treaty. These proceedings had
their inception In joint resolution OF con-
gress passed May 3, 1888, declaring that In
the Judgment OF congress these articles ought
to be terminated, and directing the president
10 give tho notice 10 the government OF Great
Britain provided fo' In article thirty-three
OF the treaty. Such notice having been given
two years prior to the lst day Of July, 1885.
the articles mentioned were absolutely ter
minated on tho last named day, and with
them article twenty-nine was also tor
minated.
II by any language used In the Joint reso-
luton II was intended 10 relieve section OF
the act OF 1878, embodylng article 50 Of the
treaty from Its own limitations, or to save
the article itself, am entirely satisfied that
the intention miscarried But statutes grant
ing to tho people Of Canada the valuable
privilege OF transit for their goods from our
ports and over sour soil, which had been
passed prior TO the making OF the treaty OF
1871. and independently Of II, remained In
force; and ever since the abrogation OF tho
treaty, and Notwithstanding tho refusal OF
Canada 10 permit our fishermen to send their
fish to their home market through her terri-
tory In bond, the peope Of that dominion
have enjoyed without dlminution the ad-
vantages Of our liberal and generous laws.
Without basing our complaint upon vio-
lation of treaty obligations it Is nevertheless
true that such refusal OF transit ana tne
o'her injurious acos wn'ch naVe peoh iooi'ou ioo
constitute provoking insistahce upon
rignts neither mtigated py tne aihehioies oi
national intercourse nor modined py inc rec
ognition OF our hperaity ana generous COLI
siderations
Inc history OF events cohnected Win Inns
subject makes IL manifest that the Canadiah
government can, II SO disposed, administer
its laws ana protect the Interests OF its poopie
Without manifestation Oh uhtriehoiihess, anu
without the unneighboriy treatment OF our
nshing vessels OF which we nave justly COLI
planned and whatever Is done OH our part
should be done In the hope that the disposl-
tion OF tho Canadian government may re-
move the occasion OF resort 10 tne add,-
tionai executive power now sougho shrougu
legislative action.
am SATISFIED that upon the princip'es
which should govern retaliation our inter.
course and relations with the Dominion Oh
Canada furnish us better opportunity ior its
application than Is suggested by the condi-
lions herein presented and that IL could not
be moro effectualiy inaugurated THAN under
the power OF suspension recommended.
While have Expressed my clear convic-
tion upon the question OF the continuance OF
section ~ OF the treaty OF 1871, OF course
fully concede the power and the duty OF the
congress- In contemplating legislative action,
TO construe the terms OF any treaty stipula-'
ton which might, upon any possible consid-
GRAFTON OF good faith, limit sich action; and
likewise the peculiar propricty In the case
here presented Of Its Interpretation OF its own
language as contained in the laws OF 1878
putting In operation said treaty, and OF lSSa
directing the termination thereon; and II, In
the deliberate Judgment OF congress, any re-
straint to tho proposed legislation exists, it Is
to be hoped that tho expodency OF its early
removal will be recognized.
desire, also, to call tho attention OF con-
gress to another subject involving such
wrongs and unfair treatment to our citizens
rs, In my opinion, require prompt action.
The navigation OF the great lakes, and the
immense business and carrying trade grow
Ing out of the same, have been treated
broadly and literally by the United States.
government, and made free to all mankind,
while Canadian railroads and navigation
share In our country's transportar
tion upon terms as favorable as are accorded
10 our own citizens. The canals and her
public works built and maintained by the
government along the line Of the lakes are
made free to all. In contrast to this condi-
tion, and evincing narrow and ungenerous
spirit, every lock and canal
which Is public work OF the Dominion OF
Canada Is subject to tolls and charges.
BY article 27 Of the treaty Of 1871 provis-
ION was made to secure to the citizens Of the
United States the use of the Welland, st.
Lawrence, and other canals In the Dominion
of Canada OIL terms Of equality with the In
habitants Of the Dominion, and to also secure
10 the subjects OF Great Britain the Use of
.he st. Clair Flats canal on terms OF equality
with the inhabitants OF the Upited States
The equality with the inhabitants Of tho
Dominion which we were promised In the
Ise of the canals Of Canada did not
ecure to US freedom from tolls In their
navigation, but we had right to expect
hat we, being Americans and interested
n American commerce, woull be no more
,urdened in regard to tho same than Cana
iianS ngng,d in their own trade; aud the
whole spirit Of tho clncesion made was, or
hould have been, that me chand SO aud
property transported to an American market
through thee canals shouli not be enhanced
n its cost by tolls many timos higher than
uch as were carried TO an adjoining Cana
liam market. All our citizens, producers and
as well as vessel owners, were TO
injoy the equality promiseL
And yet evidence has for some tins beel
,eforo the congress, furnished by the secre-
AIRY Of the treasury, showing that while the
oils charged in the firss instance are the
anne 10 ALL such vessels and carRles as ara