The Brookhaven leader., 1888-08-30
| may from time 20 time be specially
dr.InnAtal hH the 2resldera ~

| designated by the President Of
the United States, and destined for
her Brttanc Msiesty's Possessions in North
America may be entered at the proper Custom
house aud conveyed in tranist without ths
payment Of duties through the territory OF tho
United States, under such rules, regulations
and conditions for the protection Of the revenue
as the government OF the United States may
from time to time prescribe; and under Ike
rules regulations and conditions, goods, wares
or merchandise may Dg conveyed in transit
without the payment OF duties from
tory Of the United States
for export from the said ports of the United
states. II is further agreed that for the Ike
period goods, wares or merchandise arriving at
any OF the ports Of her Britanic Majesty 5
Possessions in North America, and destined
for the United States may be entered at the
proper Custom-house and conveyed in transit
without the payment OF duties through the
SAID Possessions under such rules and regula-
tons and conditions for the protection Of the
revenue as the governments OF the said Posses
sious may from time to time pre-
scribe, and under like rules and
regulations and conditions, goods, wares or
merchandise may be conveyed in transit with
out payment Of duties from the United States
through the said Possessions TO other places in
the United States or for export from ports IN
the SAID Possessions
In the year 1886 notice was received by the
representatives Of our Government that our
fishermen %oald no longer be allowed to ship
their fish in bond and free Of duty through
Canadian territory 10 this country; and ever
since that time such shipment has been
denied. The privilege Of such shipment
which had been extended 70 our fishermen,
was a most important one, allowing them to
spend the time upon the fishing grounds wnich
would otherwise be devoted TO voyage with
their catch, and doubling their opprtunit.es for
prosecuting their vocation. In tOrbidding the
transit ~ the catch Of our fishermen oTe: their
territory in bond, ard free Of duty, the Cana
dian authorities deprived Us Ct the only facility
dependent upon their concession, and for which
we could supply 10 substitute.
The value TO the Doulia.cu OF Canada Of
tie privilege Of transit for their Experts and
imports across "yr territory and 20 and FROM
our ports though great IL every aspect, will be
better appreciated when il is remembered that
for a considerable portion Of each year the St.
Lawrence river which constitutes the direct
avenue OF foreign commerce leading to Canada
is closed by ice, during the last six years the
imports and exports OF the British Canadian
Provinces carried across our territory under
the privileges Franted by our laws
amounted to about two hundred and seventy
millions Of dollars, nearly all Of whier we're
dutiablc under the tariff laws, by Tar thH
larger part OF this traffic consisting Of ex-
changes q Goods between Great Britain and
her American pIoyinccs, brought to and car
ried from our ports in their Cwn vessels. The
treaty stipulation entered into Oy our Covert
ment was in harmony with laws which were
tten statute book, and are still i'll
force.
recommend immediate legislative action
comforting upon the Executive the power TO
suspend by proclamation the operation OF GI
goods, wares and merchandise in bond across
or over the territory OF the United states TO or
flott Canada There need be no hesitation IN
suspenling these laws arising from the suppo-
stion that continuation Is secured by treaty
obligations, for it seems quite plain
1871, which was the only arti-
Gle incorporating such laws, terminated
the first day OF July, isa7. The article itself
declares that the provisions shall be IN force
for the term OF years mentioned in Article 33 OF
this treaty. Turning to Article 33 we find no
mention of the Twenty-ninth article, but only
a provision that Articles u to p inclusive and
Article 81 shall take effect as soon as the laws
required to carry them into operation shall be
passed by the legislative bodies IF the
different countries concerned, that they shall
remain III iOIcc FOR the period of ten years from
the date at which they mag come into oper-
alton; and further until the expiration nf two
years after either Of the high contracting
parties shall have kiTen notice TO the other OF
Its wish to terminate the same.
I am OF the opinion that the terms OF years
mentioned in Article 33, referred TO in Article
10 as the limit Of its duration, means the pc
riod during which Articles Is to p, inclusive,
and Article 3O-commonly called the fishery
articles-should continue in force under the
language OF Article 33. That the JOINT High
Commissioners who negotiated the treaty so
I tad Nhn MIR i
tain, for in a statement containing an account
Of their negotiations, prepared under their SUI
pervision ana approved by them, we ind the
following entry on the subject:
''The transit question was discussed, and it
was agreed that any settlement that might he
made should include a reciprocal arrangement
in that respect for the period for which the
fishery articles should be in force"
In addition to this very satisfactory evi:
dence supporting this construction Of
the language OF Article 60 II will
he found that the law passed
by Cotgress 10 carry the treaty into effect
furnishes conclusive proof of the correctness OF
such construction. This was passed March !,
1873 and is entitled an act 10 carry into effect
the provisions of the treaty between the United
States and Great Britain, signed in the city oi
Washington the eighth day of May, 1871, relat-
ing TO the fisheries After proceeding, in its
first and second sections for putting in opera
tion Articles is 10 p inclusive and Article
30 OF the treaty, the third section is de.
voted to Article 90 as follows:
Section 3.-'That from the date OF the
Presidents proclamation authorized by the
first section OF this act, and 80 long as Articles
IS TO p inclusive and Article 30 Of said treaty
shall remain in force according TO the terms
and conditions OF Article 80 OF said treaty. all
goods, wares and merchandise arriving, ETC.,
etc - following in the remainder Of the section
the precise ttCrds of the stipulation on the part
OF the United States as coItainsd in Article ~
which have already fully quoted.
Here then, is a distinct enactment of the |
Congress limiting the duration OF this article |
Of the treaty to the time Articles IS 10 % in |
clusite and Article 80 should continue in force |
That in fixing such limitation 1t but gave the
of the treaty itself, is indicated oy
the fact that 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,
and met with no objection or dissent.
There appearing TO be no conflict or incon-
between the treaty aud ths act of the
Congress last cited, it is not necessary 10 IN
woke the well-settled principle that IN case OF
such conflict the statute governs the question.
II any event and whether tho law of 1873 con-
strues the treaty or governs it, Section 20 of
such treaty, have no doubt terminated with
the proceedings taken by our Government TO
terminate Articles IS 10 25 inclusive, and Artl-
Gle 80 OF the treaty. These proceedings had
their inception in joint resolution Of Congress
passed May 3, 1888, declaring that in the 1udg-
ment of Congress these articles ought TO be
terminated, and directing the Pre- sdent to
give notice TO the Government of Great Britain,
provided for IN Article 80 Of the treaty. Such
notice having been given two years prior to the