The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1888-09-07

anu IL was agreed that any settlement Tint
might be made should include reciprocal
arrangement In that respect for tho period
for which the fishery articles should be IN
force" In addition 10 this very
SATISFACTORY EVIDENCE
supporting this construction Of the language
uf article 20, it will 10 found that
thn law passed ly congress to carry tho
atty into effect furnishes conclusive proof
uf the correctness of such construction. This
law was pass,d March 4, 1873, and in en-
titled san act to carry into effect the pro-
vl>islons of the treaty between the United
States aud Great l;iittin. signed In Washing
ton, May s, 1871 reclaim. to the fisheries"
Alter providing in it's first ana second sec
tons for putting i'll operation articles Is to
~, mclnsivc.antl ait'ciG:iO OF the treaty, the
third section is dcyocd to Article .1!9, us fol
lows: section j; That from the dato of tho
presidents proclamation, authorized by tho
first section uf this act, and 20 long as tho
articles is to -, inclusive, AMI article 80 of
the said treaty shrll remain in force
according to tue terms ALT. conditions OF
article 81 OF sad treaty, all goods.
wares and merchandise arriving etc, etc"
following in tine remainder Of the section
the precise words of the stipulation Oh tho
part OF the United States as contained
in article 30. which l have already
fully quoted. Here. then, is Il distinct enact
mcnt 0t the congress limiting the duration
oil this article of the treaty to the time that
articles IS to 20. inclusive, and article 30
should continue in forces That i'll fixing
such, imitation il but gave the meaning of
treaty itself, liz indicated by the fact thai its
purpose Is declared to be to carry into effect
the provisions vi the treaty and by the
further tact that this law appears to have
been submitted before the PRONUNCIATION OF
the treaty to certain members OF the joint
hi.h commission representing both countries
J here appearing TO he no con-
tl:ct or Inconsistency between tho
treaty md the act of tic congress
last cited, it IL not necessary to invoke tho
well settled principle ihao in case Of such
conflict :he statute governs the question. In
amy event, and whether the law of 1873
construcs tho treaty or governs 1t, section
20 Of such treaty, have no doubt. tcrmi-
mated with the proceedings taken bv our
government 10 terminate articles IS to %,
inclusive, and article 30 Of the treaty. These
had their inception in a joint
declaring that in the Judgment OF congress
these articles ought 10 be terminated, and
directing tho president to give tho notice to
the government Of Great Britain provided
for In article :'f of the treaty. Such notice
having been given two years prior to tho
LIST day of July, 1885, inc articles men.
toned were
ABSOLUTELY TERMINATED
on tho last-named day and with them article
30 was also terminated. If by any language
To relieve section 3 OF the act of 1873 ell
Eodving aiticlc 20 of the treaty from its
own limitations or to save the article itself
i am entirely satisfied that the intention
miscarricd. But, statutes granting to the
loopsof Canada the valuable privileges of
oven our soil which had been passed prior to
the making OF the treaty OF 1871 and lntlc-
OF it remained in force, and ever
s.:irc the abrogatiun Of the treaty aud not
~ltnStan ling the refusal OF Canal to permit |
our fishermen to send thcrfisl 10 their homo
markc. through her territory in bond, tho
the people nj that dominion have enjoyed
without dilninu:iun the advantages Of our
liberal and .ccnc;oiis laws. Without blsins
our complaint ui,on violation OF trcaty |
ub iga'ioms, 1t is nevertheless true that such
refusal OF transit and the other Injurious |
acts which have been rc2itcu institute "a |
provoking inSistance upon rights neither |
luItGatcu by the amenities Of national inter |
course nor modiiict by the recognition OF |
our bcraliiy and generous considerations
The history of events connected with this |
subject makes it manifest that the Canadian |
government can, II 50 disposed, administer |
It's i:wa and protect the interests Of It's pCu- |
pic without manifestation OF unfricndlncss, |
ana without the unnCirbborlv treatment OF |
our fishing vessels of which we have Justly !
complained and whatever Is done OH our part |
should lie uona III tho hope that tho |
,lisp sition of the Canadian government may |
remove the occasion OF the resort Ia the nd
dilonal executive power nov sanShtttrough |
Legislative acton. l am satisfied that upon |
the principles which should govern retail |
alton our intercourse AID relations With tho
Dominion OF Canaia furnish no better OPP |
porumity for its application than Is sug-
gcs;ei bv tao conditions herein presented;
and tlat it could not h.: more effectively in |
augurat'l shan Eud"r Ill. power OF s,is- |
pension recommended. While l havccx-
IRE se, my clear conviction upou the ques-
ton "f tile continuance of section % vi tho
treaty oi 1871, of course fully conccdc tho
power and liz duty Of the congress- In con-
tcml,a'in% legislative action to construo tho
terms uf amy
TREATY STIPULATION
which might, upon amy possible considcra-
ton oi good faith, limit such action, and
likewise the peculiar l'ropr:cy III the c:Lo
here presented Of its int.i probation OF its
own language us contained in the laws of
NIB rui;ii. in operation said treaty, and of
lSs3 directing The rminatiuu thereof; and
u. IN IN: dnlibciat" Judgment Of congress-
amy restraint to the proposed Legislation
exists, 1t is To he hoped that the cxIGdiency
of its early removal will b. rccu.,nlznd I
desire ;lso to call the attention of the con-
srcss to another subject involving such
wrongs anu unfair treatment TO our citizens
as in my opinion RI Iu:re prompt action. The
navigation ot the great lakes and the I'M
mcnsc business and carrying trade
Of The same have becm treated broadly aud
literally by the United States government
and made free to ali mankind, while
Canadian railroads and navigation COM
Giniss share IN inc country'S transportation
upon tho terms as favorable rs accorded TO
our own cit ems. TIL. canals and other
public works built and maintained by tho
government along the line of the lakes arc
made free to al. In contrast to this condi-
ton aud advancing Il narrow and un9cner-
ollS commercial spirit. every lock and canal
which Is public work of the Dominion of
Canada is subject to tolls nni charges BY
n;ttc.r % Of The treaty Of 1871, provision
Was made To secure to the cilizns of tho
Unitc! States tue uso OF the Wclland, ST.
lawrence and other canals in the Dominion
of Cnnatn on terms OF equality with tho
inhabitants of the Dominion, and to also
secure To the subjects OF Great Britain
the ,sc of the ST. Clair Flats caual on
terms of equality with the inhabitants Of tho
United st, tas. The equality with tho ill.,
hablants of the dominion, which We were
promised III tic Use of tho canals of Cannta,
did not secure t. lis freedom from tolls in
:hcir navigation, but VIC had ii right to cx-
pet tina: We. being A.ner;cans and inter
eS.cu i'll American commerce., would be 10
more burdened in regard to tnc same than
Canadians engaged III their own trade; aud
the whole spirit of the concession was, or
should have been, that merchandise and
property transported to an American market
through these canals should not be en-
HANGED in its cost by tolls many timex higher
than such AS wcio carried to an adjoining
Canadian market. All oar citizens, PRO-
ducers and consumers, as well Ms vessel
owners, were to cmjo" the
EQUALITY PROMISED.
And yet evidence has for some time bcen
before the congress, furnished by tho Sec
rotary OF The treasury showing that, while
the tolls charged in the first instance are tho
same to all such vessels and cargOcs ns arc
destined to certain Canadian potts are
allowed refund OF merry the entire tolls,
while those bound for American ports are
no: allowed my Such advantage 10 pom
iSe equality mud then in practice make it
conditional upon our vcssc,s doing Canadian
business iIs. nj of their own IL to fulfill o
proiaise with the sha on Of performance.
recommend that such legislation be mad MS
Will give Canadian vessels navigating our
canals and their cargoes precisely The advan-
taccs granted to our vessels ard cargoes
unoa Canadian canals. md that the same be
measured by exactly the same rule OF DE-
examination. The coursc which have out
lined and tho recommendations made relate
TO The honor md dignity of our coun-
try ard the protection and preservation of
the III hts and interests OF all our people A
government does but half Of its duty when
~ protects It's citizens Mt home and permits
them to be imposed upon and Inundated by
me unfair and overracll ny disposition tf
other nations II VIC invite our people to
rely upon arrangements made for their ben
Gift abroad, we should 81" to it that they arc
not deceived. and If wo are generous and