Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1888-08-24


certain other privileges therein specified,
or yexed aud harsssed in the enjoyment ol
the same, the President might deny to yes
sells, and their masters and crews, of the
British dominions of North America, any
entrance into the wators, ports or harbor;
of the United States, and also deny entry
into any port or place Of the United States
OF any product of said dominion or othel
goods coming from said dominion TO the
United States. While
SHALL NOT HESITATE
upon proper occasions to enforce this act
10 would seem to be unnecessary to sug
gtst that II such enforcement is limited IN
such a manner as shall result in the least
possible injury to our own people, the
effect would probably be entirely in
adequate to the accomplishment of the
purpose desired. l deem it my duty,
therefore, 10 call the attention of the Con-
gress to certain particulars in the action
Of the authorities Of the Dominion OF
Canada, in addition to the general ale
cations already made which appear u
be IN such marked contrast to the liberia
and friendly disposition of our country, IS
in nv opinion 10 call for such Legislation
IS will, upon the principles already stated
properly
SUPPLEMENT THE POWER TO INAUGURATE
RETALIATION
already vested in the executive. Actusted
by the generous and neighborly spirit
which has characterized our legislation,
our tariff laws have since 1868 been 80 fsl
waived 10 favor of Canada, ss to allow, fre,
of duty, the transit across the
territory Of the United States Of prop
erty arriving at our ports and destined
to Canada or exported from Canada tC
other countries. During the last SIX yeart
the imports aud exports OF British Cana.
dian provinces carried across our territory
under the privileges granted by eur laws
amounted IN value to about S27O 600, 900,
nearly all of which were dutiable under
our tariff laws By far tbs larger part OF
this traffic consisted IN exch tugss OF goods
between Great Britain and her American
provinces, brought to and carried from our
ports in their own vessels. The treaty
stipulation entered into by our Govern
meut was 10 harmony with laws whicn
we're then on the statute books and are
still in force. l
RECOMMEND IMMEDIATE LEGISLATIVE
ACTION
conferring upon the executive the power Il
suspend, by proclamation, the oosratIon oi
all laRs and regulations permitting The
transit of goods, wares aud merchandise IL
and across, or over the territory OF tht
United States, to or from Canada. There
uesd be no hesitation in suspendipg
these laws, arising from the supposition
that their continuation is secured by treaty
Obligations, for ii seems quite plain thai
article twenty. nine OF the treaty OF 1871,
which was the only article incorporating
-uch laws terminated the tSst OF July,
1885. The article itself declares that it
provisions shall be in force ''for the term
of years mentioned in article thirty-three
of this treaty" Turning to ArtIcle thir'
ty-three We fiud no mention Of the TWEEN
ty-nlnth article, but only q provision that
articles eighteen TO twenty-five inclusive,
and article thirty shall take effect as soOr
NJ the law req uired to carry them into
operation shall be passed by the Legislative
bodies of the different countries con-
cerned, and that they shall remsin in
force for ten years from the date at which
they may come into operation, and fur
thsr, until the expiration Of two years
after either of the high contracting parties
shall have given notice to the other OF it,
wish To terminate the same. / am OF ths
opinion that the term of years" men
tioued in article thirty-three means the
period during which articles eighteen tC
twenty-five inclusive, and article thirty
commonly called the Fishery articles, y
should continue in force. Under
THE LANGUAGE
of said article thirty-three: 1T is agreed
that for term of years mentioned in arti
Gle thirty-three Of treaty, goods, wares ol
merchandise arriving at the ports OF New
York, Boston and Portland, and any Other
ports in the United States which have
been, or may from time to time be special
ly designated by the President Of ths
United States, and destined for Her Brit
tanic Majesty's possessions IN NORTH
America, may be entered at the proper
custom houss and conveyed in transit,
without the payment OF duties, through
the territory of the United States
under such rules, regulations and eondi
tions for the protection OF the revenue a.
the government OF the United States may
from time TO time prescribe, and under
like rules, regulations and condition:
goods, wares or merchandise may he con
yeyed in transit without the payment oI
duties from such possessions through the
territory of the United States for export
from said ports of the United States.
1t is further agreed tnat for the
like period goods, wares or merchan
disc arriving at any of the ports o.
Her Brittanic Msjesty's possessions II
North America and destined for the Uaited
States may be entered at the proper custom
house and conveyed in transit without th'
psymeut of duties through the ssid posses
sions, under such rules and regulations
and conditions for the protection Of th'
revenue as the governments Of the ssiC
possessions may from time 10 time pre-
scribe, and under like rules and regula
tions and conditions, goods, wares, or mer
chandisa, may be conveyed IN transit
without payment Of duties from the United
States through the said possessions to othe
places in the United Ststes or for expor
from ports in the said possessions
But statutes granting TO the people OF Can
ada the valuable privileges of
TRANSIT FOR THEIR GOODS
from our ports and over our soil, which hst
baeu passed prior to mak,rg of the treaty o
1871, Independently OF it, remained IN fore
and ever SINCE the abrogstion of the treaty
and notwithstanding the refusal Of Canad'
to psrmit our fishermen TO send their fish u
their home market, through their territor.
in boud, the people of the Dominion hav'
enjoyed, without dimiuution, the advsn
t4ges Of our liberal and generous laws
Without basing our complaint upon a vio
lation of treaty obligations, it is neverthe
less true that such refusal of transit, ant
the other injurious acts which have beer
reeited, cousutute a provoking insistsoc'
upon rights neither mitigsted by th'
amenities of national intercourse no
modify by the recognition of our hberality
and generous consideration.
THE HISTORY OF EVENTS
connected with this subject makes i
manifest that the Canadian Government
can, if so disposed, administer it