The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-08-24


and destined to Canada or exported
from Canada to other countries"
The Pre- 81 lent here quotes the TWEEN
ty-ninth article of the treaty Of Wash
ington between the United States and
Great Britain, negotiated in 1871, which
he says was largely a modification of
the treaty of 1913, in which the pr1vi-
leges referred to were made reciprocal
and given by Canada to the United
States.
Continuing, the President says:
During the last six years the imports
and exports of British Canadian pro-
vlnces, carried across the United States
under the privileges granted by our
laws, amounted in value to about $780,
OO0, 900, nearly all of which were goods
dutiable under our tariff laws. BY far
the larger part of this tariff consisted of
exchanges of goods between Great
Britain and her American provinces,
brought to and carried from our own
ports in our own vessels. The treaty
stipulations entered into by our Govern
ment were in harmony with the laws
which were then on our statute books
and are still in force. / recommend
IMMEDIATE LEGISLATION,
comforting upon the Executive the
power to suspend, by proclamation, the
operation OF the laws and regulations,
and permitting the transit of goods,
wares and merchandise in bond across
or over the territory of the United
States, to or from England. There
need be no hesitation in suspending
those laws arising from the suppositien
that their continuation is secured
by the treaty. for it seems quite
pair that Article %, OF the treaty Of
1871, which was the only article incor-
porating such laws. terminated in 1885.
The article itself declares that it's pro-
visions shall remain in force for the term
of years mentioned il Article SO of this
treaty.
Turning to Article SO, we find no
mention of the twenty ninth arti-
Gle, but find a provision foreign
to Articles 18 to % inclusive,
and Article 80. l am o. the opinion
that the term of ye ls' referred to in
Article 90, means the period during
which Articles Is to % inclusive and
Article 80, commonly called the
Fishery artic.e,O shall continue in
force. In addition to other satisfactory
evidences supporting this con struction
Of language in Article 90 it will be
found that the law passed by Congress
March i, 1873, to carry the treaty
into etfec', furnishes conclusive proof
of the correctness OF such construction.
After quoting the act OF March, 1873,
the President says: Here then, is a
distinct enactment OF Congress, limit
ing the duration of this article of treaty
to the time that articles Is to % inolu-
ci1 ioIn eh ~,
force. There appearing to be no con-
tlict or inconsistency between the treaty
and set OF Congress last cited. it is
necessary to invoke the well-ssts
tied principle that in case of
such conflict, the statute question
IN der the law of 1873 conStTues the
treaty Or governs 1t. Section 80 of such
treaty, [ have no doubt, terininaleu
with the proceedings taken by cur gov
eminent 20 terminate Articles Is to %
inclusive and Article so of the treaty.
These proceedings had their inception
in q joint resolution that Congress
passed May Sd, 1883 declaring that
thsse articles ought to be terminated
and directing the President
TO GIVE NtTIcE TO GREAT BRITAIN,
as provided for in Article So of the
treaty. Such notice having been given
two years prior to the 1st of July, 1885,
the articles mentioned were abs lutely
terminated on that day. But the
statutes granting to the people Of
Canada valuable privileges of transit
for their goods which Tad been passed
prior to making the treaty of 1871, and
independently of it, remained in
force and ever since the abolition of the
treaty, the people of the Dominion en-
j6yed without limit the advantage of
our liberal and generous Ia vs.. Without
basing our complaint upon the viola
ton Of the treaty, it is, nevertheless.
time that such refusal Of transit and
other Injurious acts which have
been recited constitute provoking
insistance upon the rights, nei-
ther mitigated By the amenities
of national intercourse nor modified
by the recognition OF our liberality and
generosity. The history Of events con-
nected with this subject makes is ma nj
fest thatthe Canadian Government, can
administer its laws and protect the in
terests o, its people without the mani
festation ofunfriendliness, and without
the neighborly treatment Of our fish
4AS FCSoCAoJ VI WhlCA we nave
justly complained, and whatever is
done on our part, shall be done in the
hope that the disposition of the Can
adam government may relieve the &C.
casion to resort to the executive power
now sought to be brought about.
1 wish to call the attention of Con-
gress to
ANOTHER SUBJECT,
involving such wrongs and unfair
treatment to our citizens as, in my
opinion, requires prompt action.
The navigation of the Great
Lakes and the immense business
and carrying trade growing out of
the same have been treated broadly,
and literally by the United States
government and made free to all man.
kind, while the Canadian railroads and
navigation companies share in our
country's transportation upon terms as
favorable as are accorded our own
citizens. The canals and other public
works built and maintained along the
line of the lakes are made free
to ell. In contrast to this condi-
ton, and evincing a narrow and
ungenerous commercial spirit, every
lock and canal which is q public
work in Canada, is subject to toll. By