New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-02-27
4 TREATY RIGHT GIVEN AWAY

A TREATY RIGHT GIFhN dVhI'
Secretary Bayard has formally surrendered
in his convention commercial right conferred
by the Treaty of Washington. Article NIX
of that treaty which was not repealed when
tbe Fisheries clauses and Article XXX were
abrogated arms American fishermen with the
privilege Of shipping their cargoes from Cana
dian ports to the United States. The first
paragraph relates to the conveyance OF mer-
chandise from American ports in transit through
the United States to any point in Canada with
out payment Of duty. The remaining clause is
as follows:
1t IS further agreed that for tho like period goods
wares merchandise arriving at of the ports OF Her
Britannia Malesty's possessions in North America and
destined for the United States may be entered at tho
proper custom house and conveyed In transit with
out tho payment of duties through the said posses
sons, under such rules and regulations and condi
lions for the protection of the revenue as the Gov
ernments of the said possessions may from time to
time PRESCRIBE and under like rules, regulations and
co nditions goods, wares, or merchandise, may DO
conveyed In transit, without payment OF dutes nom
the United States through the said possessions 10
her places in the United States, for export hom
ports In the said possessions.
Under this article of the Treaty of 1871
American fishermen have a clear commercial
right to land fish in any Canadian port for
transshipment in bond to the United States.
Fish and fish oil are merchandise and may be
entered at Canadian custom house without
payment of duty for transportation TO the
United States Fishermen have the same
privileges in this respect which Canadian or
British vessels have when they land in Amcri-
can ports goods destined for Canada. If they
have not been allowed this privilege. it has
been because they were deprived illegally in
Canadian ports Of commercial right that is
positively guaranteed by treaty. Secretary
Bayard now seeks to remove the sanction of
treaty law by prohibiting the exercise of this
right while the duties on fish and fish oil re-
main in the tariff schedule. In this respect
Article XIV of the new treaty operates directly
to prevent the transshpment of fish and to rob
American fishermen Of one of their treaty
rights.
The Fisheries Commissioners have taken the
narrowest possible construction of this re-
strctve clause of the Treaty of 1918: " Pro-
yided, however that the American fishermen
shall be admitted to enter such bays or harbors
for the purpose Of shelter and repairing dam
ages therein, of purchasing wood and of OBJ
tanning water and for no other purpose what
ever" These last six words they have rigidly
construed as excluding every commercial
privilege. The Treaty Of 1871 certainly con-
fers distinct and positive right to land and
ship cargoes of fish under bond to the United
States. The later treaty supersedes the earlier
one in this respect; and with equal force it may
be urged that the international arrangements
for maritime reciprocity made from 1880 to
1852 have precedence over the antiquated
fisheries restriction of 1918, which was inn
posed before modern commercial rights wcro
recognized by British and American law
Secretary Bayard has blndly and truculently
supported Canada's medieval policy. He has
surrendered commercial right which was
positively and Enthusiastically defined in the last
treaty made with Great Britain.