The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1888-08-31

dmlcADle relations surely guarantee, ana ABOVE al'
the ~liberality always extended by the United States 10
the people of Canada, furnish more lines for kindness
and consideration, and are better than treaty cove
nants.
While keenly sensitive to all that was exaspcrating
in the condition, and by no means IL disposed to sup
port the just complaints Of our injured citizens, l
still deemed it my duty to attempt, by negotiations.
TO REMEDY EXISTING WRONGS,
and finally to eliminate, by . fair and just treaty,
those exer-recurrin9 causes of difficulty. I fully be-
lieve the treaty just rejected by the Senate was well
suited to the e%xigency. and that its provisions were
adequate for eur security in future from v~exatious
incidents and for the promotion of friendly neigh Dor
hood and intimacy without sacrificing in the least our
national pride and dignity. It is of importance to
note that this has been defeated without any apparent
disposition on the part of the Senate to amend It's
provisions, and with the evident design that no nego-
tiation should be concluded touching the matter at
issue. I am by no means disposed to abandon the
interests and RIGHTS Of our people In the premises or
NEGLECT their grievances, and therefore turn to the
contemplation Of the plan of retaliation as made,
which etill remains, Of treating the situation. I am
not unmindful Of the gravity Of the responsibility
assumed in adopting this line of conduct, nor do I
fail to appreciate its seriousness. It will be impossi-
bic to injure our Canadian neighbors by retaliatory
measures without inficting some damage upon our
own citizens. The policy of retaliation embraces the
infection of the greatest harm upon those who have
injured ur, with the least possible damage to our
selves, and above all things, the plan of retaliation, if
entered upon, should be thorough and vigorous.
These considerations lead me to invoke
THE AID AND COUNSEL OF CONGRESS
and it's support in such further grant Of power as
seems necessary and desirable to render effective the
policy I have indicated. Congress has already passed
alaw providing that in case American fishing vessels
be in or visiting on the waters or at any of the ports
Of the British Dominions of North America, should
be or have been lately deprived of the rights to which
they were entitled by law, or if they were denied
other privileges therein specified, the President might
deny to the vessels and their masters and crews of
the British Dominions of North America, any en-
trance into the waters, ports or harbore. of the United
States, and also deny eutry into any port or place of
the United States of any product of eaid domtnione,
or other goods coming from there to the United
States. While I shall not hesitate upon proper occa-
sions to enforce this act, it would eeem necessary to
suggest that If the enforcem INT is limited in such a
manner as shall result in the least possible injury to
our own people; in fact, it would probably be en-
tirelY inadequate to the accomplishment of these
purposes. Idcem it my duty, therefore, to call the
attention of Congress to certain particulars in the
action of the authorities of the Dominion of Canada
in addition to the general allegations already ma de.
which appear to be in such marked contrast to the
friendly position of our country as, in my opinion, to
call for such legislation az will, upon the principles
already stated, properly supplement the power to in
augurate the retaliation already vested in the Execu-
tive. Actuated by the generous spirit which has
characterized our Legislature, our tariff laws have,
since 1860, been go far waived in favor of Canada as
to allow free of duty the transit across the territory
of the United States of the property arriving at our
ports and destined to Canada, CT exported from Can.
ada to other countries.
1.-THE President here quotes the gath article of the
treaty of Washington between the United States and
Great Britain. negotiated in 1871, which he says was
largely a modification of the treaty of 1873. in which
the privileges 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 the British Cana
dian provinces carried across the United Stats under
the
PRIVILEGES GRANTED BY OUR LAWS
amounted in value to about $270 0OO,c0o,n nearly all of
which were goods dutiable under our tariff laws. BY
far the larger part of this tariff consisted of exchanges
of goods between Great Britain and her American
provinces, brought to and carried from our own ports
in our OWL vessels. The treaty stipulations entered
into by our Government was in harmony with the
laws which were npon our statute books, and are etill
in force. I recommend immediate legislation CONFER
ring upon the Executive power 10 suspend by procla-
nation the question of the laws and regulations
permitting the transit Of goode, wares and merchan-
disc in bond across or over the territory Of the United
States, to or from Cansda. There need be no heeita-
ton in euepending those laws arising from the suppo-
sition that their continuation is secured by treaty, for
it seems quite plain that Article % Of the treaty Of
1871. which was the Article Incorporating such laws,
terminated Jnly, 1885. The article itself declares
that its provisions shall remain in force for the term
of years mentioned In Article q of this treaty.
Turning to Article 80 we find no mention OF the Goth
article, but find provision foreign thereto, Articles IS
to Is, and Article 30. I I'm of the opinion that the
''term of years. referred to in Attic lie g means the
period during which Articles IS to p inclusive, and
Article 80, commonly called the Fishery Article, :
shall continue in force. In addition to other eatis-
factory evidence supporting this construction Of the
language in Article 20, it will be found that the law
passed by Congress March 1, 1919, to carry the treaty
into effect, furnishes conclusive proof of the correct
ness of this construction.
aAVCG 4uOLluk ~ NNG IA dI$ II 4CaOs liz ACSl1SAt
says: Here then is a distinct en- actment of Congress-
limiting the duration of this article of the treaty to
the time that Articles IS to Is inclusive, and Article
80, should continue in force. There appearing to be
no conflict or Inconsistency between the treaty and
the act Of Congress last cited, the necessity does not
rise to invoke the well-settled principle that in case
of such conflict the statutory question whether the
law Of 1873 CONSTITUTES the treaty or governs it. Sec.
ton % of such treaty, I have no doubt. terminated
with the proceedings taken by our Government to
terminate Articles 10 to 20 inclusive, and Article 80
of the treaty. Thee proceedings had their inception
in the joint resolution Of Congress passed May 3,
1883, declaring these articles ought to be terminated.
and directing the President to give the notice to
Great Britain, provided for by Article % of the treaty.
Such notice having been given two years prior to the
first of July, 1885, the Articles mentioned were alb
solutely terminated on that day.
But the statutes granting to the people Of Canada
valuable privileges of transit for their goods which
had been passed prior to the making of the treaty of
1871, and independently of it, remained in force, and
ever since the abolition of the treaty the people of
the Dominion have enjoyed without limit the advan-
tsges of
Q LIBERAL AND GENEROUS Laws
Without basing our complaint upon q violation OF
the treaty. it is nevertheless true that such refusal Of
transit and other Injurious acts which have been re-
cited, conetitute a provoking instance upon rights
neither mitigatcd by the amenities of national inter-
course nor modified By the recognition Of our liber-
atty and generosity. The history Of events connect
ed with this subject makes it manifest that the
Canadian Government may relieve us of the occasion
to resort to the Executive power now sought to be
brought about.
wish to call the attention of Congress to another
subject, involving such wrongs and unfair treatment
to our citizens a. in my opinion requires prompt &C.
ton. 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
mankind, while the Canadian railroad and navigation
companies share IN our country transportation upon
terms as favorable as are accorded our own citizens.
The canals and other public works built and main
tanned along the line Of the lakes, are made free to
all. In contrast to this condition, and evincing a
narrow and ungenerous commercial spirit, every lock
and canal which is q public work ir Canada is subject
to toile. By the treaty OF 1871 . provision was made
to secure to the citizens of the United States the uee
of the Welland, st. Lawrence and other canals in the
Dominion Of Canada. on terms Of equality with the
Inhabitants Of the Dominion, and yet evidence has
for some time been before Congress showing that
10