The Red Cloud chief., 1888-08-31

use may De conveyed In tronSlts WITHOUT pay
men Of duties fsom the United States through
said possessions to other places in the Cnites
States, or for exports in the said possessions.
In the year 1896 notice Was received by TIT
representatives of our Government that GU
fishermen would no longer be allowed to shiI
their fish in bond and free OF duty tlgOugi
Canadian territory to this country, and eveI
since that time such shipment has been de
MED. The privilege OF such shipment, which
had been extended to our nsher:nen, was
mo, important one, allowing them to spend
the time upon the fishing grounds. which
would otherwise be devoted TO u voyage
home with their catch and doubling their op
portunities fos prontably prosecuting their vo
cation. In f%or5idding the transit OF the
catch Of our fishermen over their territory in
bond and free OF duty. the Canadian arthOri
ties deprived US OF the only facility d~ependcn,
upon the concession and for which We coulc
supplyn no substitute. The value to the Dominr
ion OF Canada OF the privilege OF transit fol
their exports and imports across our territory
and to and from ports. though great in every
aspect. will be better appreciated when il is re.
nembcred that for q considerable portion ci
each year the St. Lawrence river. which consti.
tutes the direct avenue 10 foreign commerce
leading TO Canada. is closed by leo. During the
last six years the imports and exports OF Brit
ish Canadian provinces carried across our
territory under the privileges granted by our
laws amounted IN value TO about a21l,oO.OOt.
nearly all Of which were goods duti-
able under our tariff laws. by FAR the larger
part OF this traffic consisted OF exchange OF
erOods between Great Britain and her American
provinces. brought to and carried from our
p rts IN their Own vessels. The treaty stipulA-
ton entered into by our Government was in
harmony with laws that were then on our
statute books and are still In force. recon-
mend legislative action comforting upon the ex-
ecutive the power to suspend by proclamation
the operation OF all laws and regulations per-
uniting the transit OF goods. wares and mer
chandise in bond across or over the territory Of
the United States to or from Canada
There need be no hesitation III suspcnd;ng
these laws arising from the supposition that
their continuance is secured by treaty obliga-
tons. for it seems quite plain that article % Of
the treaty OF 1871. which was the only article
Incorporating such laws. terminated July /,
1886. The article itself declares that its pro-
visions shall be in force ''for the term Of years
mentioned IN article 33 OF this treaty" Turn
ing TO article 33 We find no mention of the e:th
article, but only \ provision that articles Is
10 IS. inclusive, and article b shall take
effect as soon as the laws required To
carry them into operation shall b. passed by
the legislative bodies OF the different com-
tries concerned. and that they shall remain in
force for 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 an Of the opinion that the term Of years
mentioned in article 81" referred 10 in article
% rs the limit to its duration means the
period during which articles IL to 2, inclusive
and article 81, commonly called the fishery
articles" shall continue in force under
the language OF said article 81. That the
joint high commissioners who negotiated the
treaty so understood and intended to phrase
is certain, for in q statement containing an &C
count Of their negotiations, prepared under
their supervision and approval by them, we find
the following entry on the subject: THE tr .nsit
was discussed and il was agreed that
any settlement that might be made should in
q reciprocal arrangement in that respect
for the period for which the fishery articles
shall be in force"
In addition to this very satisfactory evidence
supporting this construction Of the language Of
artical - il will be found that the law passed
by Congress 10 carry the treaty into effect
furnishes conclusive proof Of the correctness
such construction. This Law was passed March
!. 1919. and is entitled An act to carry into effect
the provisions OF the treaty between the
United States and Great Britain. signed in
Washington. May S. ISL. relating to the
After providing in its frs: and
second sections for putting in operation
IL to - inclusive anu article
- OF the treaty. the third section Is de-
voted TO article . as follows: Section 3-That
rom the dat. OF the Presidents proclamation
by the first sec ion Of this act. and
so long D. the articles 10 TO Is inclusive and
article 30 o! said treaty shall remain in force a.
corhing TO the terms AMI conditions OF article
- IF The frpnfv all goods wlrcS and mprrl1p-
arriving" etc. following in the remainder
Of the section the precise words OF the siipula- |
on the par; OF the United States as con-
IN article q. which I have already
quoted. Here, then. is u distinct
Of the Congress limiting the
duration OF this article OF the treaty to III, time
that articles Is TO - inclusive and arti lie
30 should continue in force. That IN fix
such limitation it but gave the meaning |
,f the treaty itself is indicated by the fact tina: |
rs purpose is declared to be to carry into effect
the provisions OF the treaty as.i by the further
that this law appears TO have been submit
ed before the PRONUNCIATION Of the treaty TO
members OF the Joint high commission !
representing both coupsries and met with no
or dissent. There appearing 10 be DO
conflict or inconsistency between the treaty
to invoke the well settled principle !
~ SAoS VI SeSs co'~S
he question.
In any event and whether the law OF 1873 con-
trueS the treaty or governs II. section 20 OF
uch treaty. I have no doubt, terminated with
he proceedings taken ~ our Government; 10
erminate articles - tOS5 inclusive and article
DC fthe treaty. These proceedings bad their
in u joint resolution OF Congress
'assed :May }, lsSA. declaring that in the judg-
nent OF Congress these articles ought 10 he ter
and directing the President 10 give
he notice 10 the Governm ent OF Great Britain
IroyiGed for in article IS OF the
realty. Such notice having been Civ
n two years prior to July I, 1885,. the
rt:clss mentioned were absolutely terminated
n the last day named, and with them article 20
ras also terminated. II by any language used
the Join: resolution IL was intended TO re-
Ieve section 3 OF the act of 1913 embodyinS az
- OF the treaty from its own limitations or
o save the article ITSELF. I am entirely satisfied
hat the intention miscarried. But the statutes
the people OF Canada the valuable
oftrans;: fo- their goods from our ports
nd over our soil which had been passed
riOr to the making of the treaty OF
81 and independently remained in
,rce and ever since the abroga-
ion OF the treaty. and notwithstanding the re-
lsal of Canada 10 permit our fishermen 10 send
heir fish 10 their home market through her
in bond. the people OF that Dominion
ave enioyed without diminutiOn the adyan-
ages OF our liberal and generous laws. With
ut basiny our complaint upon u violation Of
realty obligation. il is nevertheless true that
,ch refusal NJ transit and the other injurIous