The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1888-08-30

operation, and further, until the expiration
ing 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 80" referred to in arti-
Gle % a. the limit Of it's duration. means the
period during which articles II to IS in
shshery articles, rshOuld continue in force
under the language Of said article 49, That
the joint high commissioners who negotiated
the treaty 70 understood and intended the
an account of their negotiations. prepared
under their supervision and approved 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 reciprocal
for which the fishery articles should be In
force" In addition 10 this very
SATISFACTORY EVIDENCE
supporting this construction OF the language
of article 20, it will be found that
the law passed by congress to carry the
treaty into effect furnishes conclusive proof
of the correctness of such construction: This
law was passed March 4, 1878, and is en-
titled IAN act to carry into effect the pro-
visisons of the treaty between the United
States and Great Brit1in. signed In Washing
ton, May 8, 1871, relating to the fisheries"
After providing in its first and second Sec
tons for putting in operation articles IL to
rs, inclusive and article 80 OF the treaty, tho
third section is devoted to aeticle 20, as fol-
lows section 8 That from the date of the
fret section Of this act. and 90 long az the
articles Is to IS, inclusive, and article 80 OF
the eaid treaty shall remain in force
according to the terms and conditions OF
article SO of said treaty, all goods.
wares and merchandise arriving etc., ETC. ;"
m in nil nf
the precise words of the stipulation On the
part OF the United States as contained
in article 20, which l have already
fully quoted Here. then. is a distinct enact
Of this article Of the treaty to the time that
articles IL to rs, inclusive, and article 80
should continue in force. That in fixing
such, imitation 1t but gave the meaning OF
treaty itself, Is indicated by tho fact tina. its
purpose is declared to be to carry into effect
the provisions OF the treaty and by the
further fact that this law appears to have
been submitted before the PRONUNCIATION of
the treaty to certain members OF the joint
high commission representing both countries
There appearing to be no con-
fllct or inconsistency between tho
treaty and tho act of the congress
last cited, it Ia not necessary to invoke tho
we'll settled principle that In case OF such
conflict the statute governs the question; In
construes the treaty or governs it, section
70 OF such treaty, have no doubt, termi-
mated with the proceedings taken by our
government to terminate ARTICLES Is to 20,
inclusive, and article 80 Of the treaty. These
proceedings had their inception in Il Joint
resolution of congress passed May 8, 1888.
declaring that In the Judgment Of congress
these articles ought TO be terminated, and
directing the president to give the notice to
the government of Great Britain provided
Rrtj0I0 1f4f
having been given two years prior to the
LIST day of July, 1888, the articles men-
toned were
ABSOLUTELY TERMINATED
on the last-named day and with Thorn article
20 was also terminated II by any language
used In the Joint resolution 1t was intended
to relieve section Of the act of 1873 en-
bodyibg article 20 of the treaty from it's
own limitations or to save the article itself,
I am entirely satisfied that the intention
miscarrleu. But, statutes granting to the
people OF Canada the valuable privileges Of
transit for their goods from our port. and
over our soil which had been passed prior tn
the making of the treaty OF 1871 and lnde-
pendently of it remained In force and ever
| since the abrogation of the treaty aud not
withstanding the refusal OF Canada to permit
our fishermen to send their fish 90 their home
market through her territory in bond, tho
the people OF that dominion have enjoyed
| without dilninution the advantages Of our
| liberal and generous laws Without basing
our complaint upon violation of treaty
obligations, it is nevertheless true that such
| refusal of transit and the other injurious
! acts which have been rccited constitute a
provoking 1nsistance upon rights neither
| ,nitigated by the amenities OF national inter-
course nor modified by the recognition of
our lberality and generous considerations.
| The history OF events connected with this
| subject makes it manifest that the Canadian
| government can, II so disposed, administer
its laws and protect the interests Of it's peo-
pie without manifestation of unfriendl!ncss,
| and without the unneighbOrly treatment Of
our fishing vessels Of which we have justly
complained and whatever is done on our part
| should be done in the hope that the
disposition of the Canadian government may
! remove the occasion of the resort to the adj
! ditiOnal executive power now sought through
Legislative action. I am satisfied that upon
the principles which should govern retail
alton, our intercourse and Citations with the
Dominion Of Canada furnish no better op-
portunity for its application than is sug-
and that it could not be moro effectively in
augurated than under the power of sus-
pension recommended While 1 have ex-
pressed my clear conviction upon the ques-
ton of the continuance of section 20 OF the
treaty of 1871, of course fully concede the
power and the duty of the congress In con-
temploting legislative action to construe the
terms OF any
[ TREATY STIPULATION
which might, upon any possible considera-
ton of good faith, limit such action, and
likewise the peculiar Propriety in the case
own language as contained In the laws Of
1873 putting in operation said treaty, and of
1888 directing the Termination thereof; and
if, in the deliberate Judgment of congress,
any restraint to the proposed legislation
exists, it is to be hoped that the expediency
of it's early removal will be recognized !
desire also to call the attention Of the con-
gress to another subject involving such
wrongs ano unfair treatment to our citizens
rs in my opinion require prompt action. The
mense business and carrying trade
of the same have been treated broadly md
literally by the United States government
and made free to all mankind, while
Canadian railroads and navigation COM
panies share in the country's transportation
upon the terms os favorable as accorded 10
our own citizens The canals and other
public works built and maintained by the
government along the line Of the lakes are
made free to al In contrast to this condi-
ton and advancing narrow and ungener.
Gus commercial spirit every lock and canal
: which is public work of the Dominion OF
Canada is subject to tolls and charges. By
nrticle 81 of the treaty of 1871, provision
United States the use Of the Welland. ST.
LAWRENCE and other canals In the Dominion
| of Canada on terms of equality with thu
inhabitants of the dominion, and to disc
secure to the subjects OF Great Britain
/ the use of the st. Clair Flats canal OF
/ terms of equality with the inhabitants of the
l United Sites. The equality with tho in
habitante of the dominion, which We were
. promised in the use Of the canals of Canada
did not secure to us freedom from tolls il
! their navigation, but We had right to ex
l pect tina: we, being Americans aud inter
ested in American commerce, would be nj
: more burdened in regard to the same thar
Canadians engaged in their own trade; anc
the whole spirit OF the concession was, O
t should have been, that merchandise ant
: property transported to an American market
1 through these canals should not be en-
? HANGED in its cost by tolls many times highel
( than such as were carried to an adjoining
. Canadian market All our citizens, pro
9 ducers and consumers, as well as vesse
. owners, were to enjoy the
EQUALITY PROMISED.