New-York tribune., 1888-08-24
RETALIATION UPON CANADA.
Continued on Fifth Page.

Of such construction This law was passed March
2 1873 and is entitled. An act TO carry INTO
erect the provisions OF ,s Pr,,ain tV gnsS in the
City of Washington the sth day OF May. 1871,
re ating TO the hsheres.' After providing IN It's
first and second sections for putting In operation
Articles XVIII TO XIV. inclusive, and Article
xxx Of the treaty. the third section Is deVoted 10
Article xxx as follows:
Section 3That from the date OF the Presiden,s ~,
proclamation horzed bv the first section OF TINS
and long the articles eighteenth TO twenty
fifth inclusive and article Lhir deih OF said treaty
ditOns OF lce thirty OF said treaty, all g0Ods
wares and merchandise arriving, ETC., ETC.
Following in the remainder Of the section the
precise words of the stipulation on the part or me
United States as contained in Article xxx, which
| have already fully quoted.
Here, then, is distinct enactment OF the Con
gress limiting the duration Of this article OF the
treaty to the time that Articles AVlll to XIV. IN
elusive, and Article XXX, should continue In
force That in iXin. such limit II but gave
the meaning Of the treaty itself, is indicated
by the fact that its purpose IS declared 10 oe
to carry limo effect the provisions OF the treaty,
and by the further fact that this law appears
10 have been submitted before the promu gaton
of the treaty 70 certain members OF the JOINT
High Commission r. 'resenting both countries, ana
met with no objection or dissent
There appearing TO be no conflict or lnconSis-
tency between the treaty and the act Of the Con-
greSs last cited it is not necessary to lnvoKe the
well-settled principle that in case or SUCH con-
fiict the statute governs the question.
NJ
In any event, and whether the law Of 1873
construes the treaty or governs II. Section AAlA
of such treaty, have no doubt. terminated with
the proceedings taken by our Government 10
terminate Articles XVIII to XIV. inclusive, and
Article XXX of the treaty. Tnese proceedings
had their inception in Joint resolution OF Con-
gross passed May 8. 1888. declaring that IN ~
judgment Of Congress these articles ought TO De
terminated and directing the President 70 give
the notice to the Governments Cf Great Britain
provided for in Article AXAIiI II the treaty.
Such notice having been given two years prlor
10 the lst day OF July, 1885, the articles men
toned were absolutely terminated on the last
I named day, and with them Article NXlA was also
terminated.
II by any language used in the joint resolution
IL intended TO relieve section OF the act
Of 1873 embodying Article AAlA Of the treaty
from It's own limitations or 10 save the atlicle
itself, | an entirely satisfied that the intention
miscarred. But statutes granting TO the people
of Canada the valuable privileges OF transit lor
their goods from ports and over our SOIL.
which has been passed prior to the making Of
the treaty of 1871. and independently OF IT, re-
mained in force and ever since the abrogauonl
OF the treaty, and Notwithstanding the refusal
of Canada TO permit our fishermen 70 send their
fish to their home market through her territory
in bond, the people of that Dominion have en-
jOyed without dimlnution the advantages OF our
liberal and generous laws.
Without basing our compl lint upon violation
Of treaty OBLIGATIONS It is neverthsless true that
such refusal of transit and the other injurious
acts which have been rccited constitute nro-
vohing insstence upon rights neither mtlgatrd
by the amenities # national intercourse nor m0dl-
fled by the recognition of our hberality and gem
erous considerations
The history OF events connected with THIS SUD
cct makes it manifest that the Canadian Gov
eminent can. II disposed. adI, ister IL, laws
and protect tho interests OF lis people without
manifestations Of unfriendlineSs. a"d without the
unncighbOrv treatment of our fishing vessels, ot
which we have Justly Omnlalned; and whatever
is done on our part should be done IN the hope
that the disposition Of the Canadian Government
may remove the occasion OF resort 10 me
additional Executive DOwLr now Sought through
legislative action. -
l am satisfied that upon the principles which
should govern retaliation. our intercourse ana
relations with the Dominion Of Canada furnish
no better opportunity for lis a"plicatlon than =
eugge>ted hv the conditions herein presented; ana
that it could not be more effectively inauglrateSd
than under the power Of suspension recommended.
While | have expressed nv clear CONVECTION
upOn the question OF the continuance or sect on
twenty-nine of the treaty Of Ell. |. cf course,
mllv concrde the powor and the dut- ~ the
Congress in contcmpllting legislative acflo1 to
const,uo the terms Of anv tn; ~ Sflnu'tiohs
which might. upon any possible consldera ION OF
good faith. l'mir such action; and hEe"Is . me
peculiar propriety in tho case here presented oi
its Interpretation Of It's own language as contained
In me laws ot 1873 puttng III operation sa'u
treaty and Of 1883 directing the termination
thereof; aud il in the deliberate Judgment OF
Congress any restraint 10 the proposed isgslation
exists il is to bo hooed that the cApedlency OF
its early removal viii be recognized.
CANADIAN TOLLS AND CHARGES
I desire, also 10 call the attention Of Congress
70 another subject involving such wrongs and
unfair treatment TO our citizens as IN my opinion
require prompt action. The navigation of the
Great Lakes and the immense business and carry
ing trade growing out Of the same, have been
treated broadly and literally by the United States
C,overnrnpnt and made free to n mankind. while
Canadian railroads and navigation companies
share in our cOuntrys transportation upon terms
as favorable a. are accorded to our own citzels
The canals and other pubic works DuIIl ahu
maintained bv he Government along the Inc OF
the lakes ore made free To all In contrast 10
this condition. and evlnclng narrow ana uh--
generous commercial spirit every lock and canai
which is a public work OF the DOMINION OF CaAada
Is subject 10 tolls and charges
By Article NXVII of the treaty Of 1871 pro
vision was made TO secure 10 the citizens oI the
United State, the use OF tie N'llahd. ~ Law
renee and other canals in the Dom mon OF Canada
on terms Of equality with INC inhabitants OF the
Dominion. and 10 also secure to the subjects o
Great Britain the Use Of the st CLAIR Flats Canal
on terms Of equality with the nnaoitants ol ths
United States
minion which we were promised IN the use oI the
canals CT Canada did not secure 10 US freedom
from tolls in their nayiganon, Ddt we nad rsHI
TO expect that we, being erlcanS ana Interested
in American commerce would be no more Durucned
in regard 10 the same than Canadians engaged III
their own trade: and the Whole spirit of con-
cos.ion made vas or should have been that
mcrch NJ 80 and propr tFan>Dortcl 70 an Am u
can market through IN - canals Shonu not DC
enhanced IN lt> cost p} NollS many I'M, 80
than such n were carried 10 an adjoining "a nan
market All our citizens, producers ana coll
SUMS as VII as vessel owners were 10 enjoy the
equality promised And yet evidence has for some
time been De fore the Congress- furnished by the
Secretary Of the Treasury. showing that while
the tolls ciarged in the first Instance are he same
10 all such vessels ana cargccs as are destined 10
certain Cana0an ports are auo"'' reIuuu "a
nearly the entire tolls while those bound Tor
American PORTS are not allowed any such ; ad-
vantage To promise equal IS, and tn IN practice
ma l,e il conditional upon our vessels dong
Canadian business .taad Of their own Is to
fulfil a promise with the shadow OF performance.
| rccomR nd that such leg slative acuon De
taken as viii give Canadian vessels navigating our
canals and their cargocs precisely the adN aniageS
granted 10 our vessels and cargoes upon Canadian
canals and that the same be measured Dy eAdct4y
the same rule OF discrimination.
The course which l have outlined and the
Recommendation, made relate TO the honor and