The morning news. [volume] (Savannah, Ga.) 1887-1900, 1888-08-24

the proper custom house aud conveyed in
transit without the payment of duties through
the territory of the United States under
such rules, re ulations and conditions for the
projection of the revenue as the government of
the United States may from time TO time pre-
scribe and under iiGe rules, regulations and
conditions, goods, wares, or merchandise may
Pe conveyed in transit, without the payment
or duties from such pOssessionS through
The territory OF the United States for export
from said ports OF the United States. II is FUR
ther agreed that for a like period goods wares
or merchandise arriving at any of the ports Of
her Britannia maJesty'S possession IN North
America, and destined for the Crited States,
may he entered at the proper custom house
and cOnveye in transit without the payment of
duties through said POSSESSIONS, under such rules
ana regulations and conditions for tho protec.
tion of the revenue as the governments OF said
possessions may from time to time
prescribe, and under like rules and
regulations and conditions goods, wares
or merchandise may be conveyed in
transit without the payment OF duties FROM the
United States, through said possessions, TO other
places in the United States, or for export from
ports in said possessions "
In the year 1885 notice was received by rep
resentatives of our government that our fisher
men would no longer be allowed to ship their
fish in bond and free OF duty through Canadian
territory to this country, ami ever since that
time such shipment has been denied. The priv
ilege of such shipment, which had been ex-
tended to our fl 1,hermen, was most important
one, allowing them to spend time
upOH bu6 usuluk STOuIOS NputQ
otherwise be devoted to the voyage home with
their catch and doubling their opportunities for
protitably prosecuting their vocation. In for
bidding the transit of the catch of our fisher
mon over their territory i'll bond and free of
duty, the Canadian authorities deprived us of
the only facility dependent upon their conces-
sion and for which we could supply no substi-
tute. The value to the Dominion of Canada of
ira sit for their exports and imports across our
territory and to and from our porti, though
great in every aspect, will be better appre
ciated when it 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 last year the
imports and exports of the British Canadian
provinces, carried across our territory under
the privileges granted by our laws, Amounted
in value TO about $270, coo, 900, nearly all Of
which were goods dutfable under our tariff
laws by far the larger part of this traffic. CON
Sisting of exchanges of goods between Great
Britain an her American provinces, brought to
and carried from our ports in their own vessels
The 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
1 recommend immediate legislative action
confeTring upon the executive power to suS
pend by proclamation the operation of all laws
and regulations permitting transit of goods,
wares and merchandise in bond across or over
territory of the United States to or from
Canada. There need be no hesitation
in suspending these laws arising from the sup
position that their continuation is secured by
treaty obligations, for it seems quite plain that
article 30 of the treaty of 1871, which was the
only article Incorporating such laws, terminated
the first day of July. 1885. The article itself de-
clares that its provisions shall be in force
''for the term of years mentioned in article 80 of
this treaty. Turning to article 33 we find no
mention OF article %, but only provision that
articles 1S to 25 inclusive, and article so shall
take effect as soon as the laws required TO carry
them into operation shall be passed by the
Legislative bodies OF the different
countries concerned and that they shall re-
main in force for period of ten years from the
date at which they may come into operation:
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
to terminate the same" l am Of the opinion
that the term of years mentioned in article
3D. referred to article 30 as the limit of its
duration, means the period during which arti-
cles IS to 25, inclusive, and article 80, commonly
called the fishery articles" should continue i'll
force under the language of said article 49,
That the joint high commissioners who nego-
tiated the treaty so understood and intended
the phrase is certain. for in a statement
containing an account of their negotiations,
prepared under their supervision and approved
by them, we find the following entry on tie
subject: THE transit question was discussed,
and it was agreed that any settlement that
might be made should include reciprocal ar
rangement in that respect for the period for
which the fishery articles should be in force" "
In addition to this very satisfactory evidence
supporting this construction of the anguage of
article 20, it will be found that the law passed
by congress to carry the treaty into effect, fur
nishes conclusive proof of the correctness of
such construction. This law passed March
1, 1873, and is entitled An act to
carry into effect tho provisions of the treaty
between the United States and Great Britain
sigued in the city of Washington the eighth day
of May, 1871, rela ing TO the fisheries" After
providing in its first and second sections for
putting in operation articles IS to 25 inclusive
and article 30 of the treaty, the third section is
devoted to article 30 as follows:
'Section 3. That from the date of the Presi-
dents proclamation, authorized by the first
section of this act and so long as articles 18
to % inclusive, and article 80 of said treaty
shall remain in force according to the terms
and conditions OF article 3Sd of said
treaty all goods, wares and merchandise
arriving etc. etc. Following is the remainder
of the section. the precise words of the stpula-
ton on the part o. the United States as con-
tanned In article 49, which ! have already fully
duoUed Here then is distinct enactment Of
congress limiting the duration of this article OF
the treaty TO the time that articles lS TO 25, in
elusive and article 30 should continue in force.
That in fixing such limitation, IL but gave the
meaning OF the treaty itself, is indicated by the
fact that its purpose is declared to be to carry
into effect the provisions OF the treaty; and by
further enactment this law appears to have
been submitted before the PRONUNCIATION of the
treaty to certain members of the joint high
commission representing both countries, and
met with no objection or dissent. There
appearing to be no conflict or inconsistency
between the treaty and act of congress last
cited il is not necessary to invoke the well set
tied principle that in case OF such conflict the
statute governs the question. In any event.
and whether the law of 1873 constries the
treaty or governs IL, section ~ OF such treaty, |
have no doubt, terminated with the proceedings
taken by our government TO terminate articles
ls to 25 inclusive. and article 80 of the treaty.
These proceedings had their Inception in the
Joint resolution of congress, passed May 3, 1873,
declaring that i'm the Judgment of congress
these articles ought to be terminated, and d.
recting the President 10 give the notice TO the
government of Great Britain provided for In
article % Of the treaty
Such notice having been given two years
prior to the 15t day OF July, 1888, the
articles mentioned were absolutely termi-
mated on the last named day, and with
them article ~ was also terminated.
II by any language used in the joint resolution
IL was intended to rolieve section 3, OF the act OF
1873 embodyng article ~ OF the treaty from its
own limitations, or 10 save the article itself, |
am entirely satisfied that the intention miscar-
ried. But the statutes granting 10 the people OF
Canada valuable privileges OF transit for their
goods from our ports and over our seas which
had been passed prior 10 the making OF the
i'm force aud ever since the abrogatiOn Of the
treaty. and Notwithstanding the refusal of
Canada 10 permit our fishermen to send their
fish to their home market through her territory
in bond, the people OF that dominion have
enioyed without diminution the advantages OF
our liberal and generous laws. Without basng
our complaint upon violation OF treaty obliga.
tions, IL Is nevertheless true that
suoh refusal of transit and
otber eSbe Injurious acts which have been recited
constitute a provoking insistance uron rights
,ai,bor vnfti0ated nv the cemenCV of national