Audubon County Republican. [volume] (Audubon, Audubon Co., Iowa) 1885-1894, 1888-08-30
THE FISHERY TREATY.
A Message From the President on the
subject.

between the United States and Great Britain,
concerning the rights and privileges OF Amcri-
can fishermen In the ports and waters of British
North America, seems TO justify survey OF
the condition to which the pending question
Il thus rcmitted, The treatyupon this subject,
concluded In 1878, through disagrcements as TO
the meaning OF Its terms, has been fruitful
source of irritation and trouble. Our citizens
engaged In fishing enterprises In the water ad-
jacent to Canada have been subjected to nu-
mcrous yexatlous ntcrfercnces aud annoy
anccs, their vessels have been seized upon pre-
texts which appeared 10 hc entirely madmis.
slhlc, aud they have been otherwise treated by
the Canadian authorities and officials In a
manner mcNcusably harsh and oppressive.
This conduct has been justified by Great
Britain aud Canada by the claim that the
treaty OF 1878 permitted It, and upon the
ground that II was necessary to n proper pro-
lection Il Canadian interests, We deny that
treaty agreements justify these acts, aud we
further maintain that, aside from any treaty
restraints OF disputed interpretation, the reln-
tive positions of the United States and Canada
as near neighbors, the growth OF our Joint
commerce, the development and prosperity OF
both countries, which anicahlc relations surely
guarantee, and above all, the liherality always
extended by the United States to the people Of
Canada, furnished more basis for kindness and
consideration higher and better than treaty
covenants. While keenly sensitive 10 all that
was exasperating In the condition, and by no
means indlsposed TO support the Just com
plants Of our injured citizens, | still deemed
IL my duty to attempt by negotiation 10 remedy
the existing wrongs aud iinally terminate by u
fair aud Just treaty these ever recurring causes
OF difficulty fully believe the treaty Just
rejected by the Senate was well suited 10 tho
eNigency, and that It's provisions were adequate
for our security In the future from the vexa,
tious incidents, aud for the promotion ot
friendly ncighborhood and intimacy, without
sacrificing IN the least our national pride or
dignity. IL IL OF Importance To note that this
treaty has been rejected without any apparent
disposition on the part OF the Senate Ia alter or
amend its provisions aud with the evident In
tsntlon that no negotiation should ut present
be concluded touching the matter at issue. l
am by no means disposed to abandon the In
tcrests and rights OF our people In the promises
or to neglect their grievances, and therefore
turn the contemplation Of plan OF retnlin-
ton rs the mode which stlll remains OF treat
Ing the situation. | am not unmindful of the
gravity Of the responsibility assumed IN adopt
Ing this line OF conduct, nor do fnil In the
least 10 appreciate Its serious consequences. 10
will be impossible Ia iniuro our Canadian
neighbors by rctaliatory measures without In
nlcting some damage upon our own citizens,
The policy OF national retaliation manlfcstly
embraces the inlIction OF the greatest harm
upon those who have injured us, with the
| least possible damage to ourselves, and above
all things, the plan Of retaliation II entered up
considerations lead me to invoke the aid and
counsel OF Congress and lts support IN such
further grant of power IA seems necessary and
| desirable Ia render effective the policy have
Indicated, Congress has already passed n law
providing that In case OF American fishing
vessels being or visiting In the waters or at
any OF the ports Of tho British domlnIons OF
| North America, should be or lately had been
deprived Of the rights 10 which they were en-
| titled by treaty or law, or II they were denied
certain other privileges therein specified the
| President might deny to the vessels and their
masters or crews, Of the British domlnlons OF
North America, any entrance Into the waters,
ports or harbors of the United States aud also
| deny entry into any port or place Of the United
| States OF any product OF said domlnlons or
other goods coming from said dominions TO
| the United States. While shall not hesitate
upon tho proper occasions TO enforce this act,
| II would seem unnecessary to suggest that, N
| such enforcement IN limited In such manner
| ns shall result In the least possible injury 10
our own people, the effect would probably be
entirely Inadequate to the accomplishment OF
| the purpose desired. deem II my duty there
fore 10 call the attention Of Congress TO certain
| particulars IN the action Of the authorities Of
| tho dominion OF Canada In addition to the
general allegations already madewhlch appear
| 10 be In such marked contrast 10 the liberal
| and friendly position Of our country as In my
opinion 10 call for such legislation M will upon
| the principles already stated, properly sup
| plcment the power 10 innugurate the rctalin-
| ton already vested In the executive, Aotuated
| by a generous spirit which has characterized
our legislation, our tnrlff laws have since 1865
| been 40 far waived IN favor OF Canada rs 10
allow, free OF duty, the transit across the terri
tory Of the United States Of property arriving
at our ports and destined TO Canada, or export
| cd from Canada TO other countries. The Presl-
| dent here quotes the twenty-ninth article OF
| the treaty OF Washington between the United
tate al ltuIn tnI In
which he says was largely modification OF the
| treaty Of 1918, In which the privileges above
| referred 10 were made reciprocal and given In
return by Canada TO the United States. Con-
| tinuing the President says: During the last
six years the imports and exports OF the British
| Provinces, carried across our territory under
| the privileges granted by our laws, amounted
| In value TO about S270, 100000, nearly nil Of
which were goods dutiable under our tariff
| laws. BY far u larger part OF this traffic CON
| sisted OF exchanges OF goods between Great
| Britain and her American Provinces, brought
| to and carried from our ports In our own YES
sells. Tho treaty stipulation entered into by
| our government was In harmony with the laws
which were then on our statute book and are
| still In force. recommend immediate lcgisln-
| tive action comforting upon the executive pow
er TO suspend by proclamation the operation OF
| oil laws and regulations permitting the transit
| Of goods, wares and merchandise In bond
across or over territory OF the United States 10
| mr. from canada Thpra utihI ba no hpsitutIDu
| On s,,snondng those laws arIsino from tbc sun-
nosIiIan that their continnatIon IA secured by
treaty. oblIgntons. for n seems quite plain that
article 20 OF the treaty Of 1871. which was the
| only article incorporating such laws, tcrnin-
| ated July LIST, 1885. The article itself declares
| that It's provisions shall remain In force
| "for the term OF years mentioned Ia article
| % Of the treaty" Turning To article
| 33, We find no mention OF the Goth article,
but find n provision referring to articles ~
| TO % inclusive, and article 80. am OIL
| opinion that the "term OF years" referred TO In
| In article 10 means the period during which ar
tlcles IL TO rs, inclusive, and article I'D, com
monty called Fisheries article" shall continue
| In force In addition TO other satisfactory evil
| dence supporting the construction OF the Ian
| guage Of Article 20 II Will be found that the
law passed by Congress March ], 1873, to carry
the treaty into effect furnishes conclusive proof
| OF the correctness OF such construction. After
| quoting the Act of March, 1873, the President
| says: Here then Is q distinct enactment OF
Congress limiting the duration OF tnls article
OF the treaty 10 thc tiihe tnn, articic 10 - ia
elusive, ana articie 9oshoulu contliue W ioice.
lhere appearing 10 nc no conllet OF nconsist
ency between the treaty anu tne act OF IohgtcsSs
last cited, IL IL not necessary W invoke inc WsIi
settled principle that III case OF sucn cohi,ic,
the statute governs the question. WnetneI
the law OF 1873 constructs tine treaty OF governs
~, section ~ OF such treaty, i nave no uOuDt,