Wichita eagle., 1888-08-24

| in the following language contained ID the
10Th article of said treaty.
''It is agreed for term of years men
toned in article 80 of this treaty
| goods. wares of merchandise arriving
at the ports of New York, Boston and
| Portland and any other ports IN the
| United States which have been or may be
from time to time specially designated by
| the president of the United States, and
| destined for her Britannia maJesty's pos
| session in North America, may be entered
| at the proper custom house and conveyed
| in transit, without the payment OF duties,
| through the territory of the United States
under such rules, regulations and condi-
| tions for the protection of the revenue as
| the government of the United States may
| from time to time prescribe, and under
| like rules regulations and conditions,
| goods, wares or merchandise may be con-
veyed in transit without the payment OF
| duties from such possessions through the
| territory of the United States for export
| 1t is further agreed that Tor
the period, goods, wares and mer-
chandise arriving at any ports OF her
Britannia majesty's possession IN North
America, and destined for the United
States may be entered at the proper Gus
tom house and conveyed in transit. with
out the payment of duties through the
ulations and conditions for the protection
of the revenue as the government OF the
said possessions may from time to time
prescribe and under like rules and regula-
lions and conditions, goods. wares, or
merchandise may be conveyed in transit,
without payment of duties from the Unit
ed States through said possessions to
export from ports in the said possessions.
In the year 1856, notice was received by
the representatives OF our government
that our fishermen would no longer be
allowed 20 ship their fish in bond
and free of duty through Canadi Ian
territory to this country, and ever since
that time such shipment has been denied.
The privilege, of such Shipment, which
had been extended to our fishermen. was
most important one, allowing them to
spend the time upon the fishing grounds,
which would otherwise be devoted to a
voyage home with their catch and doubt
ing their opportunities for proftably prose
cutting their vocation. In forbidding the
transit of the catch of our fishermen over
their territory in bond and free of duty.
the Canadian authorities deprived Us Of
the only facility dependent upon the con-
cession and for which we could supply no
substitute. The value TO the Dominion Of
Canada of the privilege Of transit for their
exports and imports across our territory
and to and from our ports. though great IN
every respect, will be better appreciated
when it is remembered that for 4
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 the
last six years the imports and exports OF
British Canadian provinces carried across
our territory under the privileges granted
by our laws amounted in value to about
ar1 II HT which goods
dutiable under our tariff laws. BY tar
the larger part of this traffic consisted of
exchange of goods between Great Britain
and her American provinces brought TO
and carried from our ports in their own
vessels. The treaty stipulations entered
into by our government was IN harmony
with laws which were then on our statute
book and are still<in force. l recon-
mend immediate legislative &C
ton comforting upon the exec
utive the power to suspend by proclama-
ton the operation of ali laws and regula-
tons permitting the transit OF goods,
wares and merchandise in bond across
or over the territory of the United States
two or from Canada. There need be no
hesitation in suspending these laws arts
ing from the suppOsltion that their CON
tinuance is secured by treaty obligations,
for it seems quite plain that article 81 OF
the treaty of 1871, which was the only ar
ticle Incorporating such laws, terminated
July, 1885 The article itself declares that
its provisions shall be in force for the
term of years mentioned in article SO of
this treaty" Turning to article 30, we
find no mention of the 39th article, but
only provision that articles IS TO %, in
elusive. and article 80, shall take effect as
soon as the laws required to carry them
into operation shall be passed by the legis-
lative bodies of the different countries
III. gG+1. i>o1I ~,
force for ten years from the date at which
they may come into operation and futher
until the expiration OF two years after
either of the high contracting parties shall
have given notice to the other OF It's wish
TO terminate the same"
am of the opinion that the term of
years mentioned in article 49," referred to
IN article % as the limit of its duration,
means the period during which articles IS
TOES inclusive and article 80, commonly call
ed the Fishery articles" shall continue in
force under the language of said article
30. That the joint high commissioners
who negotiated the treaty so understood
and intended the phrase is certain, for in
statement containing an account of their
negotiations, prepared under their super
vision and approval by them we find the
following entry on the subject ''The
transit question was discussed and it was
agreed that any settlement that might be
made should include n reciprocal arrange
ment in that respect for the period for
which the fishery articles shall be in force"
In addition to this very satisfactory evil
Gence supporting this construction of
the language of article %, it will
gress to carry the treaty into effect
furnishes conclusive proof of the correct
ness of such construction. This law was
passed March /, 1878. and is entitled, can
act to carry into effect the provisions of
the treaty between the United States and
Great Britain, signed in Washington, May
s, 1871. relating to the fisheries"
After providing in its first and second
sections for putting in operation articles
Is TO p, inclusive, and article 80 of the
treaty, the third section is devoted to
article %, as follows:
Section 3.-That from the date of the
presidents proclamation authorized by
the first section of this act, and so
long as the articles Is TO 25 inclus-
i've, and article 30 of said treaty shall
remain in force according to the terms and
Of article SO, of said treaty, all
goods, wares and merchandise arriving
etc, etc" following in the remainder of
the section the precise words of the stipu-
lation on the part of the United States as
in article %, which | have al
ready fully quoted.
Here, then, Is distinct enactment of the |
congress limiting the duration OF this ar
tcle of the treaty TO the time the articles
is to p inclusive and article 50 should con-
tinue in force. That in fixing such limita-
ton it bat gave the meaning of the treaty
itself, as indicated by the fact that its
purpose is declared to be to carry into effect
the provisions of the treaty and
by the further fact that this law
appears 10 have been submitted
before the PRONUNCIATION of the treaty to
certain members OF the joint high COM
mission representing both countries and